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Marcellus Shale Resource Binder: Spring 2010
Marcellus Shale Resource Binder: Spring 2010
Tioga County Resource Binder:
Drilling in the Marcellus Shale
Prepared for Tioga Investigates Natural Gas by:
Cornell University Marcellus Shale Workshop
Instructor: Katia Balassiano, AICP
Teaching Assistant: Meghan Jacquet, MRP 2010
Students:
Sung Hag Ahn, Urban and Regional Studies 2010
Davis Archer, Natural Resources 2010
Isaac Arginteanu, Science of Natural and Environmental Systems 2012
Emily Barber, Industrial and Labor Relations 2010
Paul Barber, Interdisciplinary Studies 2012
Rachel Cluett, Natural Resources 2010
Nathaniel Decker, Master of Regional Planning 2011
Hyun Ji Do, Urban and Regional Studies 2010
Elizabeth Goodwin, Natural Resources 2012
Chris Koenig, Master of Regional Planning 2010
Esther Kwan, Government and Urban and Regional Studies 2011
Mike Roberts, Natural Resources 2010
Marcellus Shale Resource Binder: Spring 2010
Marcellus Shale Resource Binder: Spring 2010
Table of Contents
CHAPTER 1: INTRODUCTION................................................................................................................................... 1
PURPOSE ...................................................................................................................................................................... 1
HISTORY OF TIOGA INVESTIGATES NATURAL GAS (TING) ....................................................................................................... 1
HISTORY OF CORNELL CITY AND REGIONAL PLANNING WORKSHOP .......................................................................................... 1
METHODOLOGY ............................................................................................................................................................. 2
WORKSHOP CLASS FORMAT ............................................................................................................................................. 2
THE MARCELLUS SHALE ................................................................................................................................................... 3
Geography ............................................................................................................................................................ 3
CHAPTER 2: DRILLING PROCESS OVERVIEW ............................................................................................................ 7
NATURAL GAS DEVELOPMENT TIMELINE ............................................................................................................................. 7
Pre-Drilling Phase ................................................................................................................................................. 7
Construction and Drilling Phase ............................................................................................................................ 8
Production Phase ................................................................................................................................................ 11
Reclamation Phase ............................................................................................................................................. 12
CHAPTER 3: INTERGOVERNMENTAL COMMUNICATIONS ...................................................................................... 13
GENERAL CHANNELS OF COMMUNICATION ........................................................................................................................ 15
REGULATORY STRUCTURE AND EXISTING REGULATIONS ......................................................................................................... 16
Federal agencies and regulations ....................................................................................................................... 17
State agencies and regulations ........................................................................................................................... 19
Local regulations/regulating agencies................................................................................................................ 22
WHO TO CONTACT REGARDING SPECIFIC EVENTS ................................................................................................................. 24
Municipal / County Coordination on Notification of Gas Drilling in the Marcellus Shale ................................... 24
Marcellus Shale Resource Binder: Spring 2010
Municipal / County / State Coordination on Notification of County Road Problems .......................................... 25
MUNICIPAL / STATE COORDINATION ON NOTIFICATION OF SPILLS OR OTHER ACCIDENTS ............................................................ 27
LIST OF STATE GOVERNMENT CONTACTS (AS OF SPRING 2010) ............................................................................................. 28
MUNICIPAL / COUNTY COORDINATION ON NOTIFICATION OF BRINE OR FRACTURING LIQUID INJECTION IN THE MARCELLUS SHALE .... 31
CHAPTER 4: ENVIRONMENT ................................................................................................................................. 33
INTRODUCTION ............................................................................................................................................................ 35
NOISE MITIGATION ...................................................................................................................................................... 35
Effects of Noise on Human Hearing: ................................................................................................................... 36
General Principles for Noise Mitigation: ............................................................................................................. 36
Suggestions for Noise Mitigation: ....................................................................................................................... 37
Design Principles to Consider when Constructing Noise Barriers: ...................................................................... 37
Measurement of Noises from Construction or Industrial Activities: ................................................................... 40
Suggested Sound Mitigation Companies: ........................................................................................................... 41
MODEL NOISE ORDINANCE ............................................................................................................................................ 41
Penalties for offenses by municipalities that have adopted noise ordinances:................................................... 45
EFFECTIVE LIGHTING PRINCIPLES ..................................................................................................................................... 45
Introduction: ....................................................................................................................................................... 45
FOR MUNICIPALITIES WITHOUT ZONING REGULATIONS IN PLACE: .......................................................................................... 47
Introduction: ....................................................................................................................................................... 47
MODEL LIGHT ORDINANCE ............................................................................................................................................ 55
MUNICIPAL ZONING CONSIDERATION ............................................................................................................................... 60
STATE FORESTS’ LEASE STATUS ........................................................................................................................................ 60
DESCRIPTION OF CRITICAL ENVIRONMENTAL AREAS (CEAS) ................................................................................................. 61
Marcellus Shale Resource Binder: Spring 2010
Introduction ........................................................................................................................................................ 61
What Are CEAs, and Why Are They Important? .................................................................................................. 61
Disclaimer about Critical Environmental Areas (CEAs) ....................................................................................... 61
Why Consider Natural Areas When Drilling? ...................................................................................................... 62
PRIVATE NATURAL AREAS OF INTEREST ............................................................................................................................. 62
LIST OF POTENTIAL CRITICAL ENVIRONMENTAL AREAS ......................................................................................................... 64
Town of Owego ................................................................................................................................................... 64
Village of Owego................................................................................................................................................. 67
Town of Newark Valley ....................................................................................................................................... 70
Village of Newark Valley ..................................................................................................................................... 72
Town of Richford ................................................................................................................................................. 73
Town of Barton ................................................................................................................................................... 75
Village of Waverly ............................................................................................................................................... 77
Town of Tioga ..................................................................................................................................................... 78
Town of Candor ................................................................................................................................................... 78
Village of Candor ................................................................................................................................................ 79
Town of Berkshire ............................................................................................................................................... 79
Town of Spencer .................................................................................................................................................. 80
Village of Spencer ............................................................................................................................................... 81
Village of Nichols ................................................................................................................................................ 81
Cross Municipalities ............................................................................................................................................ 82
CHAPTER 5: WATER QUALITY ................................................................................................................................ 95
INTRODUCTION ............................................................................................................................................................ 97
Marcellus Shale Resource Binder: Spring 2010
CHEMICALS USED IN HYDRO-FRACTURING ........................................................................................................................ 98
Description of hydro-fracturing fluid .................................................................................................................. 98
Classes of additives used in fracturing fluid ........................................................................................................ 98
FIGURE 5.2: PROPORTIONS OF ADDITIVES IN FRACTURING FLUID (DSGEIS, 2009). ................................................................. 100
WATER TESTING......................................................................................................................................................... 100
Initial Testing for Baseline Water Quality ......................................................................................................... 100
AQUIFERS AND WELLHEAD SOURCES .............................................................................................................................. 106
Aquifer Attributes: Tioga County ...................................................................................................................... 106
Aquifers of Tioga County ................................................................................................................................... 107
Designation of the Clinton Street-Ballpark Aquifer System under the Safe Drinking Water Act ....................... 108
MODEL WELLHEAD PROTECTION PLAN .......................................................................................................................... 110
MODEL WELLHEAD PROTECTION ORDINANCE ................................................................................................................. 112
BEST MANAGEMENT PRACTICES ................................................................................................................................... 119
CHAPTER 6: ROADS ............................................................................................................................................ 121
INTRODUCTION .......................................................................................................................................................... 123
IMPACTS OF NATURAL GAS DEVELOPMENT ON ROADS ....................................................................................................... 123
POTENTIAL ROAD POLICIES .......................................................................................................................................... 125
ROAD ASSESSMENTS ................................................................................................................................................... 125
ORDINANCES ............................................................................................................................................................. 126
MODEL ROAD PROTECTION AND DRIVEWAY ORDINANCES .................................................................................................. 126
MODEL DRIVEWAY PERMIT/ORDINANCE ........................................................................................................................ 136
FURTHER POINTS OF CONSIDERATION ............................................................................................................................ 161
CHAPTER 7: WORKFORCE ................................................................................................................................... 163
Marcellus Shale Resource Binder: Spring 2010
INTRODUCTION .......................................................................................................................................................... 165
WORKFORCE ANTICIPATION ......................................................................................................................................... 166
Drilling Phase Workforce .................................................................................................................................. 166
Direct Workforce at Production Phase .............................................................................................................. 166
Pre-Drilling and Reclamation Workforce .......................................................................................................... 166
Comparison between Southern Tier NY and Northern Tier PA .......................................................................... 167
EDUCATION AND TRAINING .......................................................................................................................................... 168
CHAPTER 8: PUBLIC SAFETY ................................................................................................................................ 171
INTRODUCTION .......................................................................................................................................................... 173
PUBLIC SAFETY SURVEY ............................................................................................................................................... 173
Survey A ............................................................................................................................................................ 173
Survey B ............................................................................................................................................................ 173
CHEMICAL RISKS FOR RESPONDING OFFICERS .................................................................................................................. 174
HYDRO-FRACTURING ACCIDENTS IN THE NEWS ................................................................................................................ 175
FIRE AND POLICE COVERAGE IN TIOGA COUNTY ............................................................................................................... 176
REPORTING SPILLS ...................................................................................................................................................... 179
What to do: ....................................................................................................................................................... 179
Hotlines ............................................................................................................................................................. 179
CHAPTER 9: INFORMATION FOR GAS COMPANIES .............................................................................................. 183
INTRODUCTION .......................................................................................................................................................... 183
HUNTING ................................................................................................................................................................. 183
TEMPLATE FOR HANDOUT TO GAS COMPANIES REGARDING SAFETY DURING HUNTING SEASON ................................................. 184
CHAPTER 10: CONCLUSION ................................................................................................................................. 187
Marcellus Shale Resource Binder: Spring 2010
CHAPTER 11: RESOURCES AND REFERENCES ...................................................................................................... 191
APPENDIX .......................................................................................................................................................... 205
APPENDIX A: INTERVIEWEES AND SPEAKERS...................................................................................................... 207
APPENDIX B: NEW YORK STATE WATER QUALITY STANDARDS ............................................................................ 209
APPENDIX C: USGS BASELINE TESTING CONSTITUENTS ...................................................................................... 211
APPENDIX D: COSTS OF BASELINE TESTING AT COMMUNITY SCIENCE INSTITUTE, INC. IN ITHACA, NY ............... 213
APPENDIX E: EXAMPLE ROAD PRESERVATION LAW ............................................................................................ 215
APPENDIX F: EXAMPLE ROAD USE AGREEMENT ................................................................................................. 221
APPENDIX G: WORKFORCE SURVEY AND RESPONSES FOR TIOGA COUNTY ........................................................ 229
APPENDIX H: WORKFORCE SURVEYS FOR PENNSYLVANIA COUNTIES ................................................................. 240
APPENDIX I: HYDRO-FRACTURING ACCIDENTS IN THE NEWS ............................................................................. 247
Table of Figures
Chapter 1- Introduction
Figure 1.1: Map of the Marcellus Shale
Chapter 3- Intergovernmental Communications
Figure 3.1: Map of the Susquehanna River Basin
Figure 3.2: Regulatory jurisdiction for high volume hydro-fracturing operations
Chapter 4- Environment
Figure 4.1: Examples of noises in decibels
Figure 4.2: Examples of good noise barrier designs
Figure 4.3: Images of aesthetically pleasing vegetative noise barriers
Figure 4.4: Image of gabion noise barriers
Figure 4.5: Image of industrial noise absorbing quilting
Figure 4.6: Image of light from the luminaire
Figure 4.7: Image of light that results in disability
Figure 4.8: Image of excessive use of light
Figure 4.9: Image of floodlight at a higher mounting height
Figure 4.9.1: Image of floodlight at a lower mounting height
Figure 4.9.2: Example of light being shielded
Figure 4.9.3: Example of bad lighting
Figure 4.9.4: Example of Sag Lens
Figure 4.9.5: Example of good lighting
Figure 4.9.6: Image of cobra heads
Figure 4.9.7: Examples of fixtures to be avoided
Figure 4.9.8: Examples of ways to shield light
Figure 4.9.9: Pole-mounted light design and spill
Figure 4.9.10: Pole-mounted light design and spill
Chapter 5- Water Quality
Figure 5.1: Table of additives in hydro-fracturing fluid
Figure 5.2: Graph showing the proportions of additives in hydro-fracturing fluid
Figure 5.3: Suggested Sonde locations in Tioga County
Figure 5.4: Image of confined and unconfined aquifers
Figure 5.5: Map of aquifer systems of Waverly, Owego, and Binghamton
Figure 5.6: Map of designated sole source aquifers in New York and New Jersey
Figure 5.7: Map of unconsolidated aquifers in Tioga County
Chapter 6- Roads
Figure 6.1: Table showing number of truckloads required for well pad activities
Chapter 7- Workforce
Figure 7.1: Map of the Twin Tiers of New York and Pennsylvania
Figure 7.2: Table showing Northern Tier Direct Workforce Requirements
Chapter 8- Public Safety
Figure 8.1: Map of distances to fire stations in Tioga County
Figure 8.2: Map of distances to law enforcement agencies in Tioga County
Marcellus Shale Resource Binder: Spring 2010
CHAPTER 1
INTRODUCTION
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Marcellus Shale Resource Binder: Spring 2010
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Chapter 1: Introduction
Chapter 1: Introduction
Purpose
This Resource Binder is meant to be a resource for local officials seeking a guide to aid with decision-
making in regard to gas drilling in the Marcellus Shale. Although natural gas development may bring
economic opportunities, it may also place new demands on communities. It is important that officials and
community members have access to the information they need to manage new issues that will confront
their communities as a result of gas drilling. This Binder should provide local officials with information
about the gas drilling process, its potential impact on communities, and how to manage these impacts to
preserve and improve the economic, social, and natural environment in Tioga County. Natural gas drilling
is a very dynamic process, so this document is designed to be updated and supplemented as needed.
History of Tioga Investigates Natural Gas (TING)
Tioga Investigates Natural Gas (TING) was created in March of 2009 with the initiative of the
Agricultural Resource Group with a mission ―to address public sector impacts and opportunities of natural
gas drilling in Tioga County.‖ The group was originally organized into eight subcommittees: Public
Safety, Environmental Impacts, Water Quality, Roads, Workforce, Communications, Mapping, and
Business Opportunities. The subcommittees are comprised of the leaders and staff of the relevant
governmental, quasi-governmental, and non-governmental organizations of Tioga County, including, but
not limited to, the County Legislature, Cornell Cooperative Extension, Economic Development and
Planning, the Chamber of Commerce, the Soil and Water Conservation District, the Environmental
Management Council, the Farm Bureau, the Rural Economic Area Partnership, the Council of
Governments, Town Boards, the County GIS, and Police, Fire, and Emergency Management Officers.
History of Cornell City and Regional Planning Workshop
This Resource Binder was compiled by the Cornell City and Regional Planning Workshop on the
Marcellus Shale (CRP 3071/5071), led by instructor Katia Balassiano and teaching assistant Meghan
Jacquet, in the spring semester of 2010. Workshop courses provide an environment that closely replicates
what the students will find when they graduate and begin working as community planners and decision-
makers. Students in workshops work on real projects and respond to concerns identified by real clients
and communities. They work together to develop a professional end product to be used by their client. In
this case the client was the community task force TING, which tasked this workshop to develop a
Resource Binder.
Marcellus Shale Resource Binder: Spring 2010
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Chapter 1: Introduction
Professor Balassiano designed this Workshop to engage with the issue of natural gas drilling in the
Marcellus Shale and contribute to the City and Regional Planning Department’s desire to provide
community outreach and public service. Rod Howe, Assistant Director of Cornell Cooperative Extension,
put her in contact with Andrew Fagan, Director of Extension for Tioga and Chemung Counties, and a
member of TING. Elaine Jardine, Tioga County Planning Director, recognized the Resource Binder as a
suitable project, and the TING Steering Committee approved the partnership between TING and the
Workshop.
Methodology
The Workshop was comprised of thirteen graduate and undergraduate students from the fields of City and
Regional Planning, Natural Resources, Environmental Science, Industrial and Labor Relations,
Government, and Business. A variety of literature sources were used to compile this Binder. Workshop
members utilized many print documents along with the websites of useful organizations such as the New
York State Department of Environmental Conservation. The sources used are cited throughout the Binder
and can be found in the reference chapter and the appendices at the end of the document. In addition to
leveraging a wide array of literature on the topic, the students interviewed and met with public officials,
extension agents, concerned citizens, engineers, gas company representatives, and lawyers knowledgeable
about various aspects of gas development. A list of interviewees is included in Appendix A. Often the
students looked outside of Tioga to similar communities in New York and Pennsylvania to find model
ordinances and practices put in place in response to ongoing and future natural gas drilling. A notable
example frequently referenced in this Binder is Bradford County, PA, a county that has been dealing with
horizontal well drilling and hydro-fracturing for a number of years. TING and the Workshop decided that
Bradford was comparable to Tioga because of its proximity and its similarity in terms of population,
resources, infrastructure, climate, and geography.
Workshop Class Format
The Workshop met biweekly, in addition to many meetings of smaller subgroups. The Workshop was
divided in to a number of subgroups designed to address TING's general topics of concern as identified in
the January 2010 TING Master List of Tasks and to concentrate research efforts. These subgroups were
Environment, Communications, Water Quality, Roads, Workforce, and Public Safety.
Marcellus Shale Resource Binder: Spring 2010
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Chapter 1: Introduction
The Marcellus Shale
Geography
The Marcellus Shale formation extends from West Virginia, through Eastern Ohio, Western and Northern
Pennsylvania, and the Southern Tier and Finger Lakes regions of New York State. Its name is derived
from an outcrop of the shale by the village of Marcellus, near Syracuse NY.
Map of the Marcellus Shale
Figure 1.1: The lines and numbers indicate thickness of the shale strata. (Geology.com, 2009)
Geology of the Marcellus Shale
The Marcellus Shale is a black shale. Black shales are sedimentary formations high in organic materials,
and are associated with coal, oil, and gas deposits. Thickness of the shale strata varies from approximately
890 feet at the eastern extent near New Jersey to only a few feet in thickness at its most western extent in
Ohio. Underneath Tioga County the thickness of the shale strata is on the order of 50 to 100 feet.
Although the Marcellus Shale is exposed at the ground surface in some locations in the northern Finger
Marcellus Shale Resource Binder: Spring 2010
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Chapter 1: Introduction
Lakes area, it is as deep as 7,000 feet or more below the ground surface along the Pennsylvania border in
the Delaware River valley. Drilling activity is expected to focus on areas where the Marcellus shale is
deeper than 2,000 feet.
The United States has increased its development of unconventional natural gas sources by about 65%
over the past decade. The development of hydro-fracturing technologies specifically, has opened up the
possibility for procuring significant amounts of natural gas from the Marcellus Shale formation. The
United States is interested in pursuing this play mainly for economic and security reasons, as it will aid
the United States in its effort to become more energy independent. As natural gas is not a renewable
resource, its benefits to our economic and security sector will only last as long as the resource does - an
estimated 14 years.
In New York State, the DEC is responding to the industry’s interest with a draft Supplemental Generic
Environmental Impact Statement (dSGEIS), which the DEC is in the process of finalizing. The purpose of
the dSGEIS is to analyze the range of potential impacts of shale gas development using horizontal drilling
and high-volume hydraulic fracturing, and to outline safety measures, protection standards and mitigation
strategies that operators would have to follow to obtain drilling permits. Rather than proceed with the
permitting of individual wells, which is an extremely timely and costly process, the industry is waiting for
the DEC to release the final dSGEIS. This has created a small window of opportunity for local
governmental organizations, as they now have an opportunity to build capacity and prepare for drilling. It
is important for local governments to start implementing preparatory measures now, as the DEC expects
to finalize the dSGEIS in Oct 2010 and expects horizontal drilling to begin earliest Jan 2011.
Marcellus Shale Resource Binder: Spring 2010
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CHAPTER 2
DRILLING PROCESS OVERVIEW
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Marcellus Shale Resource Binder: Spring 2010
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Chapter 2: Drilling Process Overview
Marcellus Shale Resource Binder: Spring 2010
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Chapter 2: Drilling Process Overview
Chapter 2: Drilling Process Overview
Natural Gas Development Timeline
The following chapter examines the different phases of gas drilling and production. It is important to note
that the total duration of the drilling process is highly variable as is the duration of each phase. Many
factors affect each phase’s duration including the decision to drill multiple wells using a single pad,
alteration of drilling practices to respond to geologic complexities, and re-stimulation of a well to increase
production. Fluctuations in commodity prices, regulatory structures, company operations, and
technological innovations further complicate timeline estimates.
Wells will not move through the stages of development simultaneously. Wells in one part of town will
need to be reclaimed even as a well in another part of town will be in the early stages of drilling. Keeping
up to date on ―where wells are‖ in the timeline can help mitigate infrastructure and environmental
problems.
Contained within this chapter:
Pre-Drilling
Construction and Drilling
Production
Reclamation
Pre-Drilling Phase
Gas exploration is a large component of pre-drilling activities. In Tioga County gas companies have
already completed most of the activities described, though exploration will continue as more companies
move into the area. Activities can also re-occur when new exploratory technologies become available.
Seismic testing is a major component of pre-drilling activities. Seismic testing uses sound waves to create
three-dimensional images of the earth. It is used by geologists working for gas companies to help pinpoint
locations of natural gas reservoirs before drilling occurs. These scientists rely mainly on Vibrator Trucks
(referred to in the industry as ―thumper trucks‖), seismograph-recording trucks, and devices called
geophones to conduct their testing. As the trucks vibrate the ground, the geophones receive the resulting
reflecting waves. (http://www.askchesapeake.com/Barnett-Shale/Production/Pages/Seismic.aspx)
Seismograph testing in a given area of a couple hundred acres can be completed in a matter of a few days.
Generally, no ―permitting‖ is required of gas companies in order for them to conduct seismographic
testing. To test private land, gas companies need the consent of the landowner.
Marcellus Shale Resource Binder: Spring 2010
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Chapter 2: Drilling Process Overview
Seismic testing requires a number of people to drive a half a dozen separate thumper trucks and one
recording truck. While anywhere from five to ten class 6, 7, and 8 vehicles are required to carry out a
typical seismic testing procedure, existing infrastructure should be able to handle the sporadic loads that
seismic testing generates without much concern. These stresses are a fraction of what is to come later on
during the overall gas drilling process. Periodic use of low flying helicopters is common during testing.
Given the extent of current leasing in Tioga County, there is potential for large-scale pre-drilling
operations. The Tioga County Landowners Association currently represents roughly 1/3 of the county’s
total acreage; about 70% of this area is currently unleased. It is likely that the vast majority of Association
land will be leased, and likely that many landowners not in the Association will sign leases. Sections of
Tioga's large swaths of state land will also be opened to drilling. A chart of the lease status of state forests
is included in the environment chapter. Cumulatively, a large portion of land in Tioga County will be open
to gas development of one kind or another.
There are two basic ways for landowners to lease their land. The first way is for the lessor to handle the
lease and negotiations his or herself. The second way is for the lessor to "collectively" bargain for their
lease via a landowners’ coalition. Gas companies approach these two leasing methods in very different
ways. When negotiating a collective lease individual landowners have very little interaction with the
representatives of the gas companies ("land-men"), individuals who negotiate their own leases are in
much more direct contact with land-men. Land-men have gone door-to-door in Tioga County and the
Southern Tier of New York for decades. This activity will intensify and the leasing compensation will
increase if companies are considering development activities in the area. A typical gas lease has a primary
term, which can last anywhere from 3 to 10 years. After the primary lease, a gas company can renew the
lease for a second term, which will have roughly the same duration. No permits need to be filed by the gas
companies in order for them to proceed with land leasing activity, however land-men typically require
access to county records, plat books and deeds, and paperwork will be filed with the deed that records the
lease of the mineral rights. The labor requirements of land leasing activities are highly variable over a
given area, although the labor requirements are typically very small. Land-men are independent sub-
contractors to gas companies.
Landowners should become educated about the leasing process before signing a lease with an energy
company. As with any other legally binding document, landowners can negotiate any and all terms of the
lease, and landowners should speak with an attorney or landowner coalition about advice and strategies
for obtaining favorable lease terms.
Construction and Drilling Phase
Site Preparation
Well pads must be surveyed and laid out before clearing and construction begins. With the help of the data
generated during the exploration phase, gas companies strategically decide where to most efficiently
Marcellus Shale Resource Binder: Spring 2010
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Chapter 2: Drilling Process Overview
locate well pads. This process takes no more than two days per well. Site preparation will continually
occur as necessary until drilling has ceased. Though no permits are necessary to conduct the surveys the
plans must be approved by the DEC’s Division of Mineral Resources. A surveying crew is usually two
people.
Clearing the right of way for the road to the drill pad is required when woody growth occupies the space
in which the well pad is sited. This process usually involves a high horsepower tool-carrier fitted with a
mulching head, capable of reducing trees up to 30" in diameter to chips. If the site that is to be cleared
contains lumber grade timber, it may be harvested by a logging company prior to clearing.
Before well pads are constructed, a road is built to the site. These roads must be able to handle 100,000
pounds or more and be able to withstand freeze/thaw cycles (Trantham, 2010). After the road is
constructed, the well pad is stripped of topsoil, graded (possibly including cutting and filling on slopes),
and built up with aggregate or modified/crushed stone.
On average, road and drill pad construction takes four days (Jacquet, 2009). This average may be lower
than what Tioga County will experience, as it was calculated based on data collecting in the State of
Wyoming. If logging is to occur, a week or more may be required.
The Jacquet report also stated that an average of four laborers was required for each well pad and road
construction. If logging is needed, then this number will increase. (This number did not include dump
truck drivers).
Clearing equipment can weigh up to 30 tons (http://www.fecon.com/products /view/?productid=8). While
these machines will not be going up and down local roads, they will need to be transported to and from
the site being cleared. If logging is to be conducted, log trucks and equipment transporters will be
required and will travel the local roads as well.
The machinery used to construct a well pad can weigh up to 42 tons (cat.com), and requires class 8 trucks
for transportation. Well pad construction is the first major phase that requires routine truck trips. The
aggregate products that are required to properly construct these sites require a significant number of truck
trips.
The following is a hypothetical calculation to give a rough estimate of how many dump truck trips are
required to construct a well pad:
If a drill pad is one acre in size, the access road will be approximately 30 feet wide by 500 feet long, and
require about six inches of aggregate as a base. A road like this would require about 1084 cubic yards of
aggregate. A typical tri-axle dump truck can legally haul twelve cubic yards of this type of material. This
means that about 180 one-way trips are necessary to haul enough material to complete this hypothetical
road.
Marcellus Shale Resource Binder: Spring 2010
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Chapter 2: Drilling Process Overview
This hypothetical road is probably shorter, narrower, and shallower than the average access road, so 180
one-way trips should be considered a low estimate.
If the local public roads the dump trucks travel on are not hard surfaced, dust and air quality can become a
problem. Also, the noise generated by the heavy earth-moving equipment on the site can sometimes be a
concern.
Drilling and Fracturing
When the pad is ready, rig and support equipment are transported to the site in preparation for drilling.
Equipment includes office and housing trailers, generators, well casing, pumps, water storage tanks, and
forklifts. On average rig transportation and set up takes five days (Jacquet, 2009). The exact duration
depends of the size of the rig and the number and size of truck moving equipment.
This stage also requires routine truck trips. Dust and noise from the trucks are a continued concern
throughout this phase.
Though the majority of the Marcellus Shale formation can be profitably drilled using horizontal well
drilling technology, wells begin with a vertical well that is drilled by a rig called a spudder. This initial
drilling causes relatively high traffic as supply trucks, equipment, and labor forces converge on the site.
After the vertical well is complete, horizontal wells averaging between 2,000 and 4,000 feet are drilled.
Well can extend upwards of 6,000 feet. Horizontal drilling is a much more intensive process than vertical
drilling, requiring a much larger drilling rig and much more energy. When the drilling is complete the
fracturing process begins. The average amount of time required to drill and fracture the horizontal portion
of a Marcellus well is six weeks (Bradford). It can take anywhere from 800,000 to 5 million gallons of
water to hydraulically fracture a well. It is important to take into consideration that the majority of this
water has to be hauled back out from the site, and the number of one-way trips is usually in the hundreds.
Completion Activities
Once drilling and fracturing is complete, equipment is broken down and trucked off of the site.
Municipalities should expect similar time frames and labor requirements as described previously in the
text as the initial rig construction phase. Some of the disturbed land will be reclaimed.
Transportation Pipeline Construction
Construction of transportation pipelines is necessary for natural gas to reach the market. The major
transportation line in Tioga County currently is the Millennium Pipeline. Though this pipeline was just
completed in 2008, more transportation pipelines may be constructed throughout the County in the future.
If a proposed project involves an interstate pipeline, it falls under the jurisdiction of the Federal Energy
Regulatory Commission (FERC). The project sponsor has the option of either requesting that a National
Marcellus Shale Resource Binder: Spring 2010
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Chapter 2: Drilling Process Overview
Environmental Policy Act (NEPA) pre-filing review be initiated during the early stages of project design,
or waiting until later and filing with FERC under the traditional application review process.
The pre-filing process is designed to facilitate and expedite the review of natural gas pipeline projects that
would normally require FERC to prepare an environmental assessment, an environmental impact
statement, or a historic preservation review as part of the traditional review process. The project sponsor
must notify and request that the various regulatory agencies be involved in evaluating the project if a pre-
filing review from NEPA is filed. In this case, FERC staff will take the lead in scheduling and
coordinating the approval steps.
A FERC review of an interstate pipeline project takes anywhere from 5-18 months, with an average time
of 15 months. No data is available on the average time for obtaining approval from an individual state
agency. Usually approval by the regulating authority is conditional, but most often the conditions do not
constitute a significant impediment. The project sponsor must then either accept or reject the conditions
and re-apply with an alternative plan.
Construction of the Millennium Pipeline required over 2,000 laborers over several years. This equates to
roughly 11 laborers required per mile of pipe constructed. In any given pipeline construction, pipe needs
to be transported to, and distributed along the right of way. A pipeline of this size also requires hundreds
of pieces of heavy equipment. Large pipelines have to cross public roads, raising traffic issues. Most
major highways are bored under. Rural roads are frequently bypassed with trenches, which can require
temporary road closings. Similar to the drilling operations, the large amount of soil disturbance, along
with the number of pieces of heavy equipment operating within a small window of time, air quality, and
noise from operations can be of concern for neighboring residents for the duration of construction. It is
important to note however, that pipeline construction is performed in stages, and that the activities are
temporary.
Local Pipeline Construction
Connector lines are necessary for gas to be taken from wells to larger distribution lines. The larger lines
take gas to the main transportation lines responsible for delivering gas to the market. Pipeline construction
is generally completed in four days. Traffic considerations of connector pipeline construction are not as
relevant as those concerning construction of a major pipeline, but are still significant. The equipment and
pipe, though smaller and lighter than a transport line, still represents a significant amount of weight to be
transported over rural roads.
Production Phase
The production phase is when the gas is brought to market. The timeline of this stage is highly variable.
Gas companies need to build an "inventory" of wells before constructing pipelines to take gas to market.
Because this build up of inventory proceeds at an irregular pace, it is impossible to guess its
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Chapter 2: Drilling Process Overview
duration. Typically, regionally based workers monitor the production of gas until the well is no longer
producing gas, which may take as long as 30 years. During this time, access roads and a small area of
surface disturbance around the well are maintained for entrance, and workers visit the well site in pickup
trucks or a similar vehicle once or twice a week. Oil and gas companies must constantly monitor output
levels. Outputs equate to profits for the company and royalties for the lessor. Companies also watch for
abrupt dips in production, which could mean the well requires re-stimulation.
Every several years, the well will undergo what is known as ―a work over‖ which typically includes
partially re-drilling a portion of the well and performing different well testing procedures done during the
completion stage. These activities can last anywhere from a few days to a few weeks. Gas companies will
often re-stimulate wells with essentially the same hydraulic fracturing process used initially.
Reclamation Phase
When the well is no longer producing gas, companies will plug the well by pouring cement down the
wellbore to a certain depth, removing the well casing near the surface, removing the access road and
related equipment, and reclaiming the area to its natural state. Plugging may take a few days. Reclamation
may take a few weeks. A variety of heavy and light equipment is needed, ranging from cement trucks, to
earth moving equipment, though the process is relatively minor and temporary compared to the drilling
phase.
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Chapter 3: Intergovernmental Communications
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Chapter 3: Intergovernmental Communications
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Chapter 3: Intergovernmental Communications
Chapter 3: Intergovernmental Communications
Natural gas development can put new demands on communities in terms of both services and
infrastructure, especially for communities that have not previously seen more intensive industrial
development. Events such as county road problems, spills and other accidents, drilling, and brine and
fracturing fluid injection can require action from multiple levels of government starting at the local level.
Having means of communication between different levels of government in place can facilitate responses
to these issues. Larger scale changes such as increasing school sizes and rising housing costs can also be
eased with assistance from the county and state. Open and frequent communication will spare
municipalities from having to "reinvent the wheel" as dozens of Southern Tier communities confront
similar issues. Close relationships between officials will ensure that issues with gas development are dealt
with quickly and efficiently and that the community will reap as much benefit as it can from gas drilling.
The government will also benefit from these avenues of communication in terms of improved response
and efficiency with regard to general municipal functions. In addition, the same avenues developed to
deal with gas drilling will be valuable for dealing with future economic or industrial development.
Contained within this chapter:
Recommended channels of communication
Who to contact regarding chemical/industrial spills
Who to contact regarding natural gas related development
State and local contact information
General channels of communication
Cornell Cooperative Extension (CCE)
(http://cce.cornell.edu/Community/NaturalGasDev/Pages/default.aspx)
CCE has periodic task force meetings that are regularly attended by municipal leaders from the Southern
Tier. Rod Howe ([email protected]) runs these meetings. The CCE website is a regularly maintained and
is an expansive source of information. It can be a useful source for information directly, but even if they
are not directly in possession of the information needed, CCE can facilitate dialogue with other
knowledgeable parties.
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Chapter 3: Intergovernmental Communications
Southern Tier East Regional Planning Development Board
(http://www.steny.org/)
The Southern Tier East Regional Planning Development Board (STERPDB) is a special purpose unit of
government created under Articles 5-G and 12-B of the NYS General Municipal Law as a joint
undertaking by its member counties.
The Development Board has been educating local governments about the Marcellus Shale for years, and
has a number of resources available. Robert Augenstern, director of STE Development Board, has
produced a technical paper on the impacts of Marcellus Shale gas drilling and the role of towns and
villages in gas development (Augenstern, 2008).
Community Task Forces
(http://www.tiogacountyny.com/ting/)
Community task forces have been primarily responsible for planning for Marcellus Shale gas
development in the Southern Tier. The Community Task force for Tioga County is TING and dozens of
other task forces are doing similar work in other counties. As of spring 2010, Schuyler, Yates, Chemung,
and Chenango Counties all have county-wide task forces. Tompkins County has a number of town-level
task forces, including task forces in Ulysses, Danby, and Caroline. Municipalities in Tioga may consider
setting up municipal-level task forces to work with TING. Pennsylvania State University has a helpful
fact sheet that provides information on how these task forces can be set up and organized
(http://pubs.cas.psu.edu/FreePubs/pdfs/ua451.pdf).
The Association of Towns of the State of New York
(http://www.nytowns.org/)
The Association of Towns provides training, advocacy, and tools to members. In November of 2009 the
Association organized a summit in Owego on the Marcellus Shale. Their annual conference has
traditionally included a workshop on this issue. The Association is currently working on a policy toolkit
for towns for the Marcellus Shale. 910 of New York’s 932 towns are currently members and dues are
calculated on a sliding scale.
Regulatory structure and existing regulations
The United States Environmental Protection Agency (EPA), the Bureau of Land Management (BLM), the
NYS Department of Environmental Conservation (DEC), and the Susquehanna River Basin Commission
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Chapter 3: Intergovernmental Communications
(SRBC) are the federal and state agencies charged with regulating ground and surface water quality. The
NYS Department of Health (DOH) is also involved in the regulatory structure, cooperating with the DEC
and county health departments in its oversight of the operation, design, and quality of public water
supplies in New York State.
Federal agencies and regulations
United States Environmental Protection Agency
The EPA is a federal agency whose role is to safeguard human and environmental health. The EPA writes
and enforces relevant legislation based on laws passed by Congress.
Safe Drinking Water Act
Under this act, the EPA has authority to establish drinking water standards. Some states distinguish
between primary and secondary standards. Primary standards set maximum contamination levels (MCLs)
on contaminants deemed harmful to human health, and are enforceable by law. Secondary standards set
MCLs on contaminants that have known cosmetic effects on humans (ex. cause discoloration of teeth)
and are not enforceable by law. New York State does not distinguish between primary and secondary
standards. Both primary and secondary contaminants have MCLs enforceable by law. Due to a provision
included in the Energy Policy Act of 2005, the EPA does not regulate hydraulic fracturing under the Safe
Drinking Water Act. This provision has been termed the Halliburton Loophole (Howell, 2010).
Clean Water Act
The Clean Water Act serves to reduce pollution into waterways by regulating the amount of pollutants
discharged by industries, wastewater treatment plans, and construction sites. This is accomplished through
a national permitting system known as the National Pollutant Discharge Elimination System (NPDES).
Under the Energy Policy Act of 2005, well site activities that disturb one or more acres are exempted
from the Clean Water Act's requirement for NPDES storm water permits for sediment runoff from
construction sites (DEC, 2010).
National Environmental Policy Review Act
Under this act, federal agencies are required to consider the environmental impacts of their actions.
Federal agencies are obligated to prepare an Environmental Impact Statement (EIS), a document
describing the scope of all anticipated environmental consequences, both positive and negative, of a
proposed action. In addition, the act established national environmental policies and goals, and
established a Council of Environmental Quality (CEQ) in the Executive Office of the President. \
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Chapter 3: Intergovernmental Communications
The Susquehanna River Basin Commission
The Susquehanna River Basin Commission (SRBC) is an interstate, federal compact commission
including New York, Pennsylvania, Maryland, and the federal government. Its main role is to manage,
regulate, and conserve all water resources within the Susquehanna River Basin. It does not directly
regulate water quality, although it does play a role in establishing water quality standards. The SRBC
recommends modifications to state drinking water standards in an effort to establish uniform water quality
standards between the three states in the basin. It maintains certain forms of jurisdiction over natural gas
drilling activities that occur within the basin, including regulation of consumptive use of water from
public water systems. Consumptive water use is defined as the extraction of water that reduces the supply
in locations downstream. Since the Susquehanna River Basin spans multiple states, the federal compact
was created for management. The entirety of Tioga County lies within the upper Susquehanna River
Basin, and thus consumptive water use associated with industrial natural gas drilling will be subject to
SRBC regulations.
According to the Susquehanna River Basin Commission Regulation of Projects (Section 806 of Title 18,
CFR), the Commission requires that consumptive uses of water obtain an application to be submitted for
the following types of projects that are located at least partially within the Basin:
(i) Any project initiated on or after January 23, 1971, involving a consumptive water use of an average of
20,000 gallons per day (gpd) or more in any consecutive 30-day period.
(ii) With respect to projects previously approved by the Commission for consumptive use, any project that
will involve an increase in a consumptive use above that amount which was previously approved.
(iii) With respect to projects that existed prior to January 23, 1971, any project that increases its
consumptive use by an average of 20,000 gpd or more in any consecutive 30-day period above its pre-
compact consumptive use.
(iv) Any project, regardless of when initiated, involving a consumptive use of an average of 20,000 gpd or
more in any 30-day period, and undergoing a change of ownership (SRBC 18 CFR 806.4).
The SRBC will maintain an important level of oversight on gas drilling projects. Tioga County and its
municipalities are encouraged to involve themselves in the permitting process in order to track the
development of water use. The SRBC also offers many other valuable resources and information for
public access that are relevant to gas drilling. Please refer to the map of the Susquehanna Basin (see
figure 3.1).
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Chapter 3: Intergovernmental Communications
State agencies and regulations
New York State Department of Health
The Department of Health (DOH) is a New York State governmental body charged with regulating public
drinking water systems. Its mandate is to "protect drinking water sources, provide financial assistance to
public water supplies, set standards for constructing individual water supplies and waste water systems,‖
as well as being ―responsible for certification and monitoring of water operator facilities." To this end, the
DOH has identified and mapped primary and principle aquifers in NYS. A primary aquifer is defined as
a "highly productive aquifer presently utilized as a water supply source by major municipal water supply
systems." A principle aquifer is defined as an "aquifer known to be highly productive or whose geology
suggests abundant potential water supply, but which is not intensively used as a water supply source by
major municipal systems at the present time." The Department of Health will have a role in reviewing
new proposed hydraulic fracturing additives, issues with naturally occurring radioactive materials, and
will work with the Tioga County Health Department in conducting water well investigations and fielding
complaints (dSGEIS, 2009).
The Department of Environmental Conservation
The Department of Environmental Conservation (DEC) is a New York State agency established by the
state Environmental Conservation Law (ECL) whose role is to enforce the ECL through the regulation,
management, and protection natural resources in the State. The DEC is responsible for authorizing gas
drilling permits, which are crucial to enforcing environmental and landowner protection during and after
the drilling process. During the permitting process, the DEC reviews proposed site locations and well
designs in accordance with standards set forth by the State Environmental Quality and Review Act
(SEQRA). Under the SEQRA, the commissioner of the DEC is responsible for developing regulations to
guide New York State and local governments in their implementation of the statute. During the drilling
process, the DEC conducts on-site inspections, enforces remediation responsibilities, and regulates
underground transport and storage of natural gas once drilling is complete. Among other responsibilities,
the DEC regulates the disposal, transport, and treatment of hazardous and toxic wastes; manages the state
program for oil and chemical spills; protects tidal and freshwater wetlands and flood plains; and promotes
the wise use of water resources. "The two principle tools used by the DEC to regulate gas wells are its
drilling permits and the SEQRA reviews" (Augenstern, 2008).
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Chapter 3: Intergovernmental Communications
Figure 3.1:The Susquehanna River Basin (SRBC, 2006).
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Chapter 3: Intergovernmental Communications
State Environmental Quality Review Act
New York's State Environmental Quality Review Act (SEQRA), the text of which can be found in Article
8 of the New York Environmental Conservation Law, requires all state and local government agencies to
consider environmental, social, and economic impacts before permitting activities that could affect the
environment. A preliminary review process must be completed before the proposed activity can take
place. During the review process, it may be determined that the environmental impact of certain activities
need further study. In this case, an Environmental Impact Statement (EIS) is required. The EIS is to be
prepared by either the applicant, or the lead agency in charge of permitting the action. The lead agency is
the government entity with approval powers over the project, in this case, the DEC. Whether or not the
lead agency actually prepares the EIS, it is responsible for the adequacy and accuracy of the final report,
as well as its publication and circulation. SEQRA requires that certain sections appear in the EIS,
including an explanation of the project, the environmental impact of the project, mitigation measures that
can be taken to reduce the harm from the project, and reasonable alternatives to the project. For more
information, please see: <http://www.dec.ny.gov/permits/32521.html>.
Generic Environmental Impact Statement (GEIS) / Supplemental GEIS
Due to the diversity of underground drilling activities, including oil, gas, solution mining, disposal, and
geothermal pumping, each operation is likely to pose different risks to the environment. Yet there are
certain commonalities across all drilling operations that are addressed in the Generic Environmental
Impact Statement (GEIS, 1988). The GEIS was created by the DEC in 1988 to provide relevant
information on all of these activities, and to guide the review process for each of them. The GEIS does
not necessarily waive a full EIS for horizontal drilling and hydro-fracturing. The Draft Supplemental
Generic Environmental Impact Statement for horizontal drilling and hydro-fracturing is currently being
written by the DEC (dSGEIS, 2009).
The dSGEIS was prepared by the DEC to satisfy the requirements of SEQRA for the anticipated
permitting and development of the Marcellus Shale formation for horizontal drilling and hydro-fracturing.
The dSGEIS was released in September 2009, and was followed by a public comment period. The
dSGEIS contains a vast amount of information relating to the new gas drilling process. According to the
DEC, the dSGEIS ―outlines safety measures, protection standards and mitigation strategies that operators
would have to follow to obtain permits" (DEC, 2009). The approval status of this document is very
important to the development of the gas industry in Tioga County and New York State. Status of the
dSGEIS should be monitored, and the document itself can be used as a resource for information of the
impacts of drilling.
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Chapter 3: Intergovernmental Communications
Local regulations/regulating agencies
While much of the process of natural gas extraction is regulated and enforced by state and federal
agencies, the local governments will also have important roles. Much of this will be in the coordination
and communication of issues that arise at the local level, although there is also room for stricter
management and protection of water resources.
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Chapter 3: Intergovernmental Communications
Figure 3.2: Regulatory jurisdiction for high-volume hydro-fracturing operations (dSGEIS, 2009).
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Chapter 3: Intergovernmental Communications
Municipal Governments
The DEC has preempted local government's ability to directly regulate natural gas drilling. However local
government retains jurisdiction over local roads and the right to collect real property taxes. Communities
with zoning can control industrial activity to protect the health, safety, morals and general welfare of their
residents. Communities without zoning can adopt ordinances that regulate the use of land including land
designated as sensitive environmental areas, and land that is important to water quality. Private
landowners are also capable of stipulating provisions in their gas development leases that will protect
surrounding water resources.
Tioga County Health Department
The Tioga County Health Department, without being a direct regulatory agency, can be an important
entity for the coordination of water protection efforts. Municipalities are encouraged to communicate with
the Health Department to prepare management plans. If municipalities share baseline water tests the
Health Department can field concerns and address problems faster and more effectively. The Health
Department could help determine potential cases of contamination and help coordinate investigation and
remediation. Health Departments are specifically mentioned in the dSGEIS: ―the exception to this is when
a complaint is received while active operations are underway within a specified distance; in these cases,
the Department will conduct a site inspection and will jointly perform the initial investigation along with
the county health department."
Who to contact regarding specific events
Municipal / County Coordination on Notification of Gas Drilling in the
Marcellus Shale
(http://www.dec.ny.gov/cfmx/extapps/GasOil)
TING members continually monitor the Oil & Gas Searchable Database on DEC’s website for natural gas
drilling permit applications and permit issuance dates. But the website does not have real time drill start
dates and generally gas-drilling operating companies do not notify the county when they intend to start
drilling at any locations. However, some county officials on TING, particularly Public Safety, Public
Works and Health Department officials, need as much advance notice as possible to drill start dates. It
would be appreciated therefore, that when municipal officials, be it mayors/supervisors, clerks or highway
superintendents get notice from a company that they have a start date to drill, that the municipality
notifies the County Planning Director.
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Chapter 3: Intergovernmental Communications
The process should go like this:
Tioga County GIS Manager monitors DEC’s website and notices a new application or
permit issuance.
GIS Manager informs County Planning Director of company, municipality well is located
in, date and if permit has been applied for and/or issued
County Planning Director e-mails specified municipal officials (supervisor (mayor), clerk
and highway superintendent) where the well pad is to be located with this information
When gas operating company contacts municipal official with start date, that official
(supervisor, highway superintendent or clerk) informs County Planning Director by either
phone or e-mail.
County Planning Director will inform Public Safety, Health Department and other
officials and have them work with municipal officials involved.
This process can and should be modified to change with whatever needs or conditions dictate. The most
important message is to keep communications open on real gas drilling activity between the most
important municipal and county officials.
Tioga County Planning Director Contact Information:
Elaine Jardine
Phone: 607-687-8257
E-mail: [email protected]
Tioga County Department of Economic Development & Planning
56 Main Street, Owego NY 13827
Municipal / County / State Coordination on Notification of County Road
Problems
Road maintenance and repair may fall under the jurisdiction of different agencies depending on whether
the road is a private, municipal, county, or state owned. If damages occur, the appropriate highway
authority should be contacted. This section includes contact information for relevant highway authorities
for Tioga County. This list may be amended in the future as natural gas and other industrial development
evolves in Tioga and road-use/repair agreements and processes are put into place.
Municipal Highway Authorities:
Town Contact Information
Barton Highway Superintendent
Phone: (607) 565-9476
Berkshire Berkshire Highway Department
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Chapter 3: Intergovernmental Communications
Phone: (607) 657-2705
Candor Highway Department
-
Newark Valley Department of Public Works
Phone: (607) 642-8700
Nichols --
Owego Town Highway Superintendent 70 Delphine Street
Owego, NY 13827
Phone: (607) 687-2641
Village Public Works Superintendent
20 Elm Street, Owego
(607) 687-1101
Richford Highway Garage:
Phone: (607) 657-2770
Spencer --
Tioga Highway Department
Phone: (607) 687-4727
Tioga County Public Works:
Any damage to county roads and bridges should be reported to the Deputy Commissioner Gary
Hammond. His contact information is:
Deputy Commissioner Gary Hammond
477 Route 96 Catatonk
Owego, NY 13827
(607) 687-0302
Email: [email protected]
New York State Department of Transportation, Region 9:
44 Hawley Street
Binghamton, NY 13901
General Inquiries:
Regional Director, Phone: (607) 721-8116
Maintenance Inquires:
Director of Operations, Phone: (607) 721-8140
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Chapter 3: Intergovernmental Communications
Municipal / State Coordination on Notification of Spills or Other
Accidents
New York State (NYS) responds to reports of petroleum and other hazardous material releases through the
Spill Response Program maintained by the NYS Department of Environmental Conservation (DEC). Spill
response personnel throughout the State investigate such spill reports and take action based on the type of
material spilled, the potential environmental damage, and safety risks to the public.
Due to the complexity of the regulations and situations in which multiple laws and regulations can apply,
the DEC recommends that anyone with knowledge, report the discovery of any contamination or a
release to the NYS Spill Hotline (1-800-457-7362) as soon as possible.
In addition, the Tioga County Soil and Water Conservation District should also be notified:
183 Corporate Drive
Owego, New York 13827
Telephone: (607) 687-3553 or (607) 687-2240
Fax: (607) 687-9440
Office Hours: 8:00 AM to 4:30 PM
Email: [email protected]
A spill should be reported if any of the following criteria are met:
The quantity is known to be more than 5 gallons; and
The spill is uncontained and not under the control of the spiller; and
The spill has or will reach the State's water or any land; and
The spill is not cleaned up within 2 hours of discovery.
A spill is considered to have not impacted land if it occurs on a paved surface such as asphalt or concrete.
A spill in a dirt or gravel parking lot is considered to have impacted land and is reportable.
Both immediate response and continued cleanup vary depending on the type of material spilled and the
damage caused. Federal and State law require the spiller, or responsible party, to notify government
agencies and to contain, clean up, and dispose of any spilled/contaminated material in order to correct any
environmental damage.
Any delay in containing or recovering a release allows contaminants to spread and may result in more
extensive damage and more expensive cleanups. DEC can provide additional resources to local agencies
during emergencies and will remain involved if continued cleanup of the environment is required.
Continued cleanup is the responsibility of the spiller and is required if contamination and environmental
damage remain after the initial containment and recovery.
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http://www.dec.ny.gov/chemical/8428.html
Spill FAQ: http://www.dec.ny.gov/chemical/8692.html
NYS Spill Hotline: 1-800-457-7362
National Response Center: 1-800-424-8802
For further information, contact:
New York State Department of Environmental Conservation
Division of Environmental Remediation
Bureau of Technical Support
625 Broadway - 11th Floor
Albany, NY 12233-7020
(518) 402-9543
List of State Government Contacts (as of Spring 2010)
State Senate
Senator Malcolm Smith
Acting President of Senate, Majority Leader, Chair of
Rules Committee
District Office Office of New York State Senator Malcolm A. Smith
205-19 Linden Boulevard
St. Albans, NY 11412
Tel: (718) 528-4290 / Fax: (718) 528-4898
Albany Office Office of New York State Senator Malcolm A. Smith
909 Legislative Office Building
Albany, NY 12247
Tel: (518) 455-2701 / Fax: (518) 455-2816
Majority Leader's Office Office of New York State Senator Malcolm A. Smith
250 Broadway, Suite 1930
New York, NY 10007
Tel: (212) 298-5585 / Fax: (212) 298-5605
Email address: [email protected]
Senator Antoine Thompson
Chair Environmental Conservation Committee
District Office
Office of New York State Senator Antoine M.
Thompson
Walter J. Mahoney State Office Building
65 Court Street, Room 213
Buffalo, New York 14202
P: 716-854-8705
F: 716-854-3051
Albany Office
Office of New York State Senator Antoine M.
Thompson
Legislative Office Building, Room 902
Albany, New York 12247
P: 518-455-3371
F: 518-426-6969
Email address: [email protected]
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Chapter 3: Intergovernmental Communications
Senator Darrel Aubertine
Chair Agriculture Committee, Transportation
District Office 317 Washington Street
4th Floor
Watertown, NY 13601
315-782-3418 (office) / 315-782-6357 (fax)
Albany Office 903 Legislative Office Building
Albany, New York 12247
518-455-2761 (office) / 518-426-6946 (fax)
Oswego Satellite Office SUNY Oswego
Email address: [email protected]
Senator Tom Libous
Committee on Transportation, Energy
Albany Office 413 State Capitol Building
Albany, New York 12247
518-455-2677
District Office 1607 State Office Building
44 Hawley Street
Binghamton, NY 13901
Broome: (607) 773-8771
Tioga: (607) 687-3399
Chenango: (607) 336-3401
Email address: [email protected]
Senator Cathy Young
Committee on Agriculture, Environmental Conservation
Albany Office Room 513 Legislative Office Building
Albany, New York 12247
(518) 455-3563
(518) 426-6905 (fax)
District Office Westgate Plaza 700 W. State Street
Olean, New York 14760
(716) 372-4901
Toll free @ 1-800-707-0058
(716) 372-5740 (fax)
Email address: [email protected]
Senator Velmanette Montgomery
Committee on Agriculture, Finance, Education
District Office 30 Third Avenue, Room 1100, 11th Fl.
Brooklyn, NY 11217
Tel: (718) 643-6140
Fax: (718) 237-4137
Albany Office 711 Legislative Office Building
Albany, NY 12247
Tel: (518) 455-3451
Fax: (518) 426-6854
Email address: [email protected]
State Assembly
Assemblyman Sheldon Silver
Speaker of Assembly, Chair of Assembly Rules
Committee
District Office
250 Broadway
Suite 2307
New York, NY 10007
212-312-1420
Albany Office
LOB 932
Albany, NY 12248
Assemblyman Robert Sweeney
Chair Environmental Conservation Committee
District Office
640 West Montauk Highway
Lindenhurst, NY 11757-3708
631-957-2087
Albany Office
LOB 625
Albany, NY 12248
518-455-5787
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Chapter 3: Intergovernmental Communications
518-455-3791
Assemblyman Bill Magee
Chair Agriculture Committee
District Office
214 Farrier Avenue
Oneida, NY 13421
315-361-4125
Oneonta Phone 607-432-1484
Albany Office
LOB 828
Albany, NY 12248
518-455-4807
Assemblyman Herman Farrell
Chair of Ways & Means, member Rules Committee
District Office
2541-55 Adam Clayton
Powell Jr. Blvd.
New York, NY 10039
212-234-1430
District Office
751 West 183rd Street
New York, NY 10033
212-568-2828
Albany Office
LOB 923
Albany, NY 12248
518-455-5491
Assemblyman Jose Rivera
Chair Farm, Food Nutrition
District Office
One Fordham Plaza
Suite 1008 10th Floor
Bronx, NY 10458
718-933-2204
Albany Office
LOB 536
Albany, NY 12248
518-455-5414
Assemblyman Felix Ortiz
Chair Alcohol, Drug Abuse, Economic
Development
District Office
404 55th Street
Brooklyn, NY 11220
718-492-6334
Albany Office
LOB 826
Albany, NY 12248
518-455-3821
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Assemblyman Michael Benedetto
Committee on Agriculture
District Office
177 Dreiser Loop, Rm. 12
Bronx, NY 10475
718-320-2220
District Office
3602 E. Tremont Ave.
Suite 201
Bronx, NY 10465
718-892-2235
Albany Office
LOB 602
Albany, NY 12248
518-455-5296
Assemblyman Gary Finch
Committee on Agriculture, Energy, Economic Dev,
Environment
District Office
69 South Street
Auburn, NY 13021
315-255-3045
Albany Office
LOB 320
Albany, NY 12248
518-455-5878
Assemblywoman Donna Lupardo
Committee on Transportation, Environmental
Conservation
District Office
Binghamton State Office Building
17th Floor
Binghamton, NY 13901
607-723-9047
Albany Office
Room 557
Legislative Office Building
Albany, NY 12248
518-455-5431
Assemblywoman Rhoda Jacobs
Assistant Speaker, Committee on Ways & Means
District Office
2294 Nostrand Avenue
Brooklyn, NY 11210
718-434-0446
Albany Office
LOB 736
Albany, NY 12248
518-455-5385
Municipal / County Coordination on Notification of Brine or
Fracturing Liquid Injection in the Marcellus Shale
This issue will evolve over time with the regulatory climate and the development of the natural gas
industry. Further processes and issues will arise with regards to this topic. Currently, the County Soil and
Water Conservation District, the GIS department, and the Tioga County Planning Director should be
notified about actions pertaining to proposed injections of brine or fracturing liquids into the ground.
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Chapter 4: Environment
Chapter 4: Environment
W R
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Chapter 4: Environment
Introduction
The purpose of this section is to identify the potential environmental problems of unconventional gas
drilling and present methods of mitigating these problems. These methods include safeguards, procedures,
and guidelines that are designed to shield the citizens of Tioga County from unnecessary nuisances
associated with the increased industrial activity.
Included in this section is an overview of various tools and methods that municipalities can use,
including: a model noise ordinance, a model light ordinance, resources for municipalities on surface
operation standards and guidelines for oil and gas exploration and development, and natural areas that can
be considered as potential Critical Environmental Areas (CEAs).
Contained Within This chapter:
Noise Mitigation and Model Noise Ordinance
Effective Lighting Principles
Model Light Ordinance
◦ For Municipalities without zoning regulations in place
◦ For municipalities that already have zoning regulations
Description of Critical Environmental Areas (CEAs)
List of Potential Critical Environmental Areas
Noise Mitigation
Introduction:
Noise impacts human health in a variety of ways. Noise pollution is defined as any sound that is
―unwanted when it either interferes with normal activities such as sleeping, conversation, or disrupts or
diminishes one’s quality of life‖ (EPA). Noise pollution can result in annoyances and complaints by
residents and users in adjacent properties to the noise source, while in extreme cases, it can result in
hearing loss, sleep disruption, speech interference, and high blood pressure. Therefore, it is important to
have measures in place to mitigate the impacts of noise on citizens.
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Figure 4.1: Examples of noises in decibels.
Effects of Noise on Human Hearing:
Prolonged exposure at 90 dB can result in permanently damaged auditory nerves 120 dB can
cause pain and ringing in the ear
At 140 dB, subject will experience sharp pain and extensive destruction of the auditory nerves
At 150 – 160 dB the massive destruction of the auditory nerves and persistent ringing in the ears
will occur immediately
General Principles for Noise Mitigation:
Reduce noise frequency
Reduce noise duration
Reduce noise sound pressure levels
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Suggestions for Noise Mitigation:
Replace back-up beepers on machinery with strobe lights
Use appropriate mufflers
Modify machinery by using noise control covers, plastic liners, dampening plates, and pads on
metal surfaces
Limit and specify the number of hours/days of operation
Limit industrial activity to normal work day hours
Increase noise setback distance
Move processing equipment further from the receptors
If possible, substitute for quieter equipment
Ensure equipment is regularly maintained
Enclose processing equipment in buildings
Erect sound barriers
Phase operations to preserve natural barriers (ex. trees)
Design Principles to Consider when Constructing Noise Barriers:
Illustrations of Good Noise Barrier Designs:
VS.
Figure 4.2.1: The addition of vertical elements to a noise barrier can break up strong horizontal lines,
lending to more visual balance (http://www.fhwa.dot.gov/environment/visql/visql04.htm).
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Illustrations of Bad Noise Barrier Designs:
Figure 4.2.2: Tunnel effect of a high wall. Avoid long straight lines because it gives a feeling of
monotony and makes a wall seem longer than it actually is. High walls adjacent to a road also tend to
create anxiety in drivers; they slow down and unconsciously attempt to move away from the wall.
Figure 4.2.3: High, straight walls give a sense of forced enclosure
(http://www.fhwa.dot.gov/environment/visql/visql04.htm).
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Figure 4.3: An aesthetically pleasing vegetative noise barriers. Some noise barriers can allow you to plant
directly in the wall (http://www.paisotec.com/MiniWeb/RockDelta/noise_barriers.htm;
http://www.coirwall.com/images/noisebarrier1.jpg;
http://www.coirwall.com/images/P4260009%20(Small).JPG; http://www.fao.org/forestry/13701-1-0.jpg).
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Figure 4.4: Gabions, which are wire baskets filled with stones, are quite popular as sound barriers
because of their natural appearance. These sound barriers are also quite easy to maintain and durable
(http://www.maccaferri-northamerica.com/images/sce/gabion_rw2_l.jpg).
Examples of Industrial Noise Absorbers for Compressor Stations, Pipelines, and Ancillary
Facilities:
Figure 4.5: Industrial quilted fiberglass absorbers prevent noise from ―bouncing‖ up over the enclosure
(http://www.soundseal.com/barricade/barricade-community-noise.shtml).
Measurement of Noises from Construction or Industrial Activities:
1) The measurement location and time period for measuring construction/industrial activity noise should
be the same as those used in background or pre-construction noise levels.
2) Depending on the ordinance or noise regulation of a particular municipality, noise measurements
usually take place in exterior locations and under the following conditions:
i. At the property line closest to the construction or industrial activity;
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ii. At a residence or other sensitive receptor; and
iii. At the point of closest frequent human activity.\
3) If there is a high concentration of activity, it would be a good idea to measure the noise levels
throughout the entire operation.
4) Noise levels and ranges for stationary and mobile equipment can be found here:
http://www.fhwa.dot.gov/environment/noise/handbook/09.htm
Suggested Sound Mitigation Companies:
ATCO Structures & Logistics: http://www.atconoise.com/default.html
A review of projects undertaken by ATCO for sound mitigation in the oil and gas industry:
http://www.atconoise.com/project_examples/oil_gas.html
Sound Seal: http://www.soundseal.com/barricade/barricade-index.shtml
Useful guide for products associated with different noise problems: http://www.soundseal.com/search-by-
noise-problems.shtml
Report on soundproofing an oil/gas site in Tennessee: http://www.soundseal.com/pdfs/TennGas.pdf
Sound Seal is a suggested vender for the city of New York: http://www.soundseal.com/barricade/ny-
guidance-sheet.shtml
Ono Sokki: http://www.onosokki.co.jp/English/english.htm
Integrating Sound Level Meter:
http://www.onosokki.co.jp/English/hp_e/products/keisoku/s_v/la1400_4400.html
Model Noise Ordinance
Drawing from existing noise ordinances that are implemented in Tioga County (specifically Newark
Valley, Owego, and Barton) and other counties (Tompkins County), a draft model noise ordinance that
can be adopted by municipalities countywide is included below. A summary of the sources that have been
consulted on drafting this model noise ordinance can be found in the "References" section, under sub-
heading "Sources Consulted for Model Noise Ordinance" of this Binder.
Title
This chapter shall be known as the ―Noise Control Ordinance of [municipality]‖
Findings
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It is found and declared that:
A. The making, creating or maintaining of such loud or unreasonably intrusive noises is a detriment to the
health, comfort, convenience, safety, welfare and prosperity of the residents of the [municipality].
B. The purpose of this chapter is to preserve the public health, peace, comfort, repose, welfare, safety and
good order by suppressing the making, creating, or maintaining of such loud or unreasonably intrusive
noises, which are detrimental to the environment.
C. It is hereby declared as a matter of legislative determination and public policy that the provisions and
prohibitions hereinafter contained and enacted are in the public interest and in pursuance of and for the
purpose of securing and promoting the health, comfort, convenience, safety, welfare and prosperity of the
residents of the [municipality].
Definitions:
DECIBEL (dB) – A unit for measuring the volume of sound, equal to 20 times the logarithm to the base
10 of the ratio of the sound pressure of 20 micronewtons per square meter.
LOUD NOISE - Any sound which produces a sound level of 70 decibels or more as measured on the A
scale of a standard sound-level meter having characteristics defined by the American National Standards
Institute specifications for sound level meters S1.4-1971, as amended, said sound level being measured by
a microphone placed no closer than a distance of 50 feet plus or minus five feet from any property line of
the premises on which the sound occurs.
SOUND DEVICE – Any apparatus or device for the making, reproducing or amplification of the human
voice or other sounds, including but not limited to [insert other sound devices].
UNREASONABLY INTRUSIVE NOISE – Any sound that either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities under the
circumstances. Any prolonged sound that is excessive, unnecessary, unnatural or unusually loud, in their
time, place, and use.
Unreasonably intrusive noise prohibited
A. No person shall intentionally cause public inconvenience, annoyance, alarm, or recklessly create a risk
thereof, by making unreasonably intrusive noise or by causing unreasonable intrusive noise to be made.
B. The factors to be considered in determining whether a noise is an unreasonably intrusive noise which
constitutes a prohibited noise shall include, but not be limited to, one or more of the following:
1. The volume of the noise.
2. The intensity of the noise.
3. Whether the nature of the noise is usual or unusual.
4. Whether the origin of the noise is natural or unnatural.
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5. The volume and intensity of the background noise, if any.
6. The proximity of the noise to residential sleeping facilities.
7. The nature and the zoning district of the area within which the noise emanates.
8. The time of day or night the noise occurs.
9. The time duration of the noise.
10. Whether the noise is temporary.
11. Whether the noise is continuous or impulsive.
12. The existence of complaints concerning the noise from one or more persons who are affected by the
noise.
Enumeration of unreasonably intrusive noises
A. Horns, signaling devices, etc: The sounding of any horn or signaling device on any automobile,
motorcycle, bus, truck, or other vehicle while stationary except as a danger signal or warning signal; the
sounding of any such horn or signaling device for an unnecessary period of time.
B. Yelling: Yelling, shouting, crying, hooting, whistling or singing between the hours of 11:00 p.m. and
9:00 a.m., prevailing time, in, on, near or adjacent to any public street, road, park or residential place in
the [municipality], so as to be distinctly audible [insert decibels] upon any such street, park or
residential place in the [municipality].
C. Sound devices at night: The using or operating of (or permitting to be played, used or operated) any
sound device between the hours of 11:00 p.m. and 9:00 a.m., prevailing time, in such a manner as to be
plainly audible at a distance of 50 feet [or can be put in decibels] from any property line of the
premises on which sound occurs.
D. Sound devices in public places: The using or operating of (or permitting to be played, used or
operated) any sound device for commercial, business, or industrial purposes at any time or for any
purpose between the hours of 11:00 p.m. and 9:00 a.m., prevailing time, in, on, near or adjacent to any
public street, park or residential place in the [municipality] so as to be distinctly audible upon any such
street, park or residential place in the [municipality].
E. Exhausts: The discharge into the open air of the exhaust of any device, including but not limited to any
steam engine, motor vehicle engine, or stationary internal combustion engine, except through a muffler or
other device which will effectively prevent loud or explosive noises there from.
F. Heavy machinery: The operation of compressors, pumps and generators between the hours of 11:00
p.m. and 9:00 a.m., prevailing time, on private property closer than 200 feet to any residences (except the
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residence of the owner or operator thereof or any residences to which the owner or operator thereof may
be invited).
G. Construction work, including but not limited to building, repairing, blasting, grading, leveling and
excavating, during the hours between 11:00 p.m. and 9:00 a.m. every day of the week.
H. Heavy trucks: The operation of loading trucks, forklifts, front end loaders, and heavy trucks between
the hours of 11:00 p.m. and 9:00 a.m. on municipal roads is prohibited.
I. Noise in conduct of business: The creation of noise exceeding [input decibels] within [insert
appropriate distance] of schools, institutions or residential areas, in the operation, conduct and/or
maintenance of any business, factory, plant, yard or manufacturing establishment, including excavating,
blasting (where permitted), grinding, breaking, crushing or processing of any substance or materials.
Methods of measurement
The measurement of any sound or noise shall be made with a sound-level meter using an A-scale decibel
level.
Prohibition
No person shall make, continue or cause or permit to be made or continued in the [municipality] any
loud or unreasonably intrusive noise.
Exceptions
[Each town/village should decide on their exceptions to this rule]
A. Sounds created by any government agency or railroad agency by the use of public warning devices are
exempted from the limitations of this chapter.
B. Sounds connected with emergency situations are exempted from the limitations of this chapter.
C. Sounds produced by compression release engine brakes on municipal-owned snow removal
equipment.
Penalties for offenses
A. Any person violating any provision of this chapter shall, upon conviction, be punished for a violation
by a fine not exceeding $250, or by imprisonment for a term not exceeding 15 days, or by both such fine
and imprisonment.
B. Each day during which the prohibited activity continues shall constitute a separate violation.
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Enforcement
A. The provisions of this chapter shall be enforced by the local policing agency [insert municipal police]
or other officials designated by the Town Board of the [municipality].
Penalties for offenses by municipalities that have adopted noise ordinances:
Municipality Penalty
Village of Newark Valley $250, 15 days imprisonment
Town of Barton $1000, 15 days imprisonment
Owego $250, 15 days imprisonment
Effective Lighting Principles
Introduction:
Lighting is integral to our everyday activities. It is crucial for providing safety by illuminating dark areas.
However, bad lighting affects is against our efforts to conserve energy, protect wildlife in their natural
habitat, maintain property values, and preserve the dark night sky.
Specific types of light pollution include:
1) Light trespass occurs when unwanted light spills beyond the boundary of the property on which a
light is located. Put simply, it is bright lighting on an area that would otherwise be dark. Light trespass is
due to high or poorly positioned lights.
Figure 4.6: Light from the luminaire spills over to the rooms of the building
(http://www.darkskysociety.org/images/gallery/tenthstreet.jpg).
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Figure 4.7: Light that results in disability and discomfort glare
(http://www.kwastronomy.com/images/Kinsley.jpg).
2) Over-illumination occurs when the use of light is well beyond what is required for an activity. For
example, many indoor and outdoor areas have lights on when no people are present. Even though security
is a reason for lighting areas that have vacated people, the lighting used is often excessive for the stated
purpose.
Figure 4.8: Excessive use of light in illuminating areas where no people are present
(http://farm2.static.flickr.com/1068/1074738075_f146872094.jpg).
A good lighting ordinance will enable:
• Energy conservation (i.e. money saved)
• Safety
• Natural resource conservation
• Better neighbor relations
• The retention of the community’s character
• The preservation of the night sky
• The protection of the ecosystem
• The reduction of health risks
Since regulations on lighting are intertwined with zoning, and many municipalities do not have zoning
regulations, two approaches to address lighting issues in regards to gas drilling activities are presented.
Because of the pre-emption clause in the Oil & Gas Act of 1984, local governments cannot specifically
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regulate the activities (such as lighting) related to gas development. Adverse effects of gas companies'
activities can be considered when drafting the lighting principles and model light ordinance.
For Municipalities without Zoning Regulations in Place:
Introduction:
The following are general lighting principles. Light mounting principles can guide developers about
exterior on-site lighting. Complementing the principles is a series of illustrations showing how light
pollution can be mitigated by specific policies that can be implemented by municipalities.
General Principles for Good Lighting
1. Use only the light needed: Identify where and when light is needed. Do not over-light or spill light off
your property. The appropriate amount of light is dependent on the activity: if you are walking on a
sidewalk, even the light of a full moon is sufficient.
2. Aim lights downward by choosing the correct lighting fixtures: Use "full-cutoff shielded" fixtures
that keep light from going uselessly up or sideways. Full-cutoff fixtures produce minimum glare. They
increase safety because people see illuminated area instead of dazzling bulbs.
3. Install fixtures carefully: Careful light placement will target the right area and minimize the light's
impact elsewhere. Most lights are aimed at too high an angle. Try to install outdoor lighting at night, so
you can test to see that it is properly aimed and shielded.
4. Use “shut off” devices such as sensors, timers, and motion detectors: Business lights should turn
off after closing time. Home security lights can be on a motion-detector switch, which saves electricity
and provides deterrents to intruders.
5. Higher mounting heights can often be more effective in controlling spill light: Floodlights with a
narrower beam may be used and aimed in a more downward direction, making it easier to confine the
light to the design area.
6. Lower mounting heights increase the spill light beyond the property boundaries. To illuminate the
space satisfactorily, it is often necessary to use floodlights with a broader beam and to aim the floodlights
in directions closer to the horizontal than would occur when using higher mounting heights.
7. Lower mounting heights make bright parts of the floodlights more visible: Low floodlights risk
light spill and can increase glare.
8. Select the appropriate bulb type: Suggested bulb types are compact fluorescent (2300K) or High
Pressure Sodium.
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“Good” Lighting versus “Bad” Lighting, Part 1
Figure 4.9: Floodlight at a higher mounting height with narrow beam angle, resulting in less spill light.
Figure 4.9.1: Floodlight at a lower mounting height with wider beam angle, resulting in more spill light.
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“Good” Lighting versus “Bad” Lighting, Part 2
Figure 4.9.2: Lights should be shielded to minimize light spill.
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“Good” Lighting versus “Bad” Lighting, Part 3
Figure 4.9.3: Examples of bad lighting.
Figure 4.9.4: Even though these lights seem to be full cut-offs, they contain ―Sag Lens‖ – lens that sags
below the bottom of the fixture – which allows light to be emitted from the horizontal plane (http://aslc-
nm.org/Lighting.html).
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Figure 4.9.5: Examples of good lighting.
Figure 4.9.6: These ―cobra heads‖ are retrofitted with light shields, turning them into full cut-off lighting
fixtures (http://aslc-nm.org/Lighting.html).
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Examples of Unacceptable vs. Acceptable Luminaires
Figure 4.9.7: More examples of fixtures to be avoided and fixtures that minimize light spill
(http://www.darkskysociety.org/handouts/LightingPlanGuidelines.pdf).
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How to Modify Existing Fixtures:
Figure 4.9.8: Examples of ways to shield lights to avoid light spill.
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How Light Fixture Design Affects Light Spill
Figure 4.9.9: Pole-mounted light design and light spill.
Figure 4.9.10: Pole-mounted light design and light spill.
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Model Light Ordinance
For municipalities that already have zoning regulations:
Introduction: The municipalities in Tioga County currently have no light ordinances in place. This model ordinance is
meant to address two concerns:
1) Different levels of regulation and enforcement between municipalities may complicate compliance
with all lighting regulations.
2) Increased commercial and industrial activity in upstate New York may increase the number of lighting
conflicts between neighbors.
Drawing from existing light ordinances that are implemented in other NY State Counties; a model light
ordinance that can be adopted by municipalities county-wide is provided below. A summary of the
sources that were consulted on drafting this model light ordinance can be found in the "References"
section, under sub-heading "Sources Consulted for Model Light Ordinance" of this Binder.
Title
This chapter shall be known as the ―Light Control Ordinance of the [municipality]‖.
Findings
It is found and declared that:
A. The purpose of this law is to provide specific guidelines for site plan applications and standards in
regards to lighting, in order to maximize the effectiveness of site lighting, to avoid unnecessary upward
illumination and illumination of adjacent properties, and to reduce glare.
B. Lighting plans for development activities when unregulated can become obtrusive and impact the
character, safety and quality of life of [municipality]. Obtrusive aspects such as glare, light trespass,
energy waste, and sky glow, can have serious consequences for the public health, safety and welfare.
B. The increase in hazardous road glare and light pollution from private area floodlighting located within
the state right-of-way is a detriment to the health, comfort, convenience, safety, welfare and prosperity of
the residents of the [municipality].
C. It is hereby declared as a matter of legislative determination and public policy that the provisions and
prohibitions hereinafter contained and enacted are in the public interest and in pursuance of and for the
purpose of securing and promoting the health, comfort, convenience, safety, welfare and prosperity of the
residents of the [municipality].
D. All previous language in [municipality] bylaws and ordinances regarding outdoor lighting is replaced
with this ordinance.
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Definitions
CUT-OFF LUMINAIRE – A luminaire in which 2.5 percent or less of the lamp lumens are emitted
above a horizontal plane through the luminaire's lowest part and ten percent or less of the lamp lumens
are emitted at a vertical angle 80 degrees above the luminaire's lowest point.
DIRECT LIGHT – Light that can be seen directly from the light source and other light-emitting or
reflecting elements of the luminaire.
GLARE – Direct light emitting from a luminaire that causes reduced vision or momentary blindness.
FLOODLIGHT – Any luminaire fitted with a lamp having an output greater than one thousand eight
hundred lumens intended for private area lighting and mounted on a utility pole within the state right-of-
way.
FOOTCANDLE (FC) – The American unit of illuminance (the amount of light falling on a surface). One
footcandle is approximately equal to the illuminance produced by a light source of one candle, measured
on a surface one foot away from the source. Horizontal footcandles measure the illumination striking a
horizontal plane. Footcandle values can be measured directly with certain hand-held incident light meters.
IESNA – Illuminating Engineering Society of North America (IES or IESNA), an organization that
establishes updated standards and illumination guidelines for the lighting industry.
INDIRECT LIGHT – Direct light that has been reflected or has scattered off of other surfaces.
LAMP – The component of the luminaire that produces the actual light.
LIGHT POLLUTION – Night sky glow caused by the scattering of artificial light in the atmosphere.
LIGHT TRESPASS – Light emitted by a luminaire that shines beyond the boundaries of the property on
which the luminaire is located.
LIGHTING – Light produced by man-made sources, including electric lamps, gas lamps, and similar
sources.
LIGHTING ZONE – A designation assigned by [municipality] for specified parcels, areas or districts
within its jurisdictional boundaries defining allowable ambient lighting levels, operational characteristics
and other control criteria.
LUMEN – A unit of luminous flux. One footcandle is one lumen per square foot. For the purposes of this
ordinance, the lumen-output values shall be the initial lumen output ratings of a lamp.
LUMINAIRE – The complete lighting unit assembly (fixture), consisting of a lamp, or lamps and
ballast(s) (when applicable), together with the parts designed to distribute the light (reflector, lens,
diffuser), to position and protect the lamps, and to connect the lamps to the power supply.
NEW LIGHTING – Lighting for areas not previously illuminated; newly installed lighting of any type
except for replacement lighting or lighting repairs.
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OBTRUSIVE LIGHT – Light that produces sky glow, light trespass, glare or other undesirable
environmental impacts.
OUTDOOR LIGHTING FIXTURE –
(a) Any type of fixed or movable lighting equipment that is designed or used for illumination outdoors
and includes:
(I) Area lighting; and
(II) Billboard lighting, street lights, searchlights, and other lighting used for advertising
purposes.
(b) "Outdoor lighting fixture" does not include lighting equipment that is required by law to be installed
on motor vehicles or lighting required for the safe operation of aircraft or watercraft.
PROJECT – Installation of a lighting system under a single electrical permit or for a specific
construction or gas drilling project, multiple permits when required for phased construction or drilling.
UPLIGHTING – Any light source that distributes illumination above a 90-degree horizontal plane.
Placement, height of fixtures, and illumination standards for residential and nonresidential exterior
lighting
A. All exterior lights and illuminated signs shall be designed, located, installed and directed in such a
manner as to prevent objectionable light, direct illumination, or glare across the property lines and glare at
any location on or off the property.
B. Adjacent to residential property, no direct light source will be visible at the property line at ground
level or above.
C. All building lighting for security or aesthetics will be full cut-off or a shielded type, not allowing any
upward distribution of light. Floodlighting is discouraged, and if used, must be shielded to prevent:
1. Glare for drivers or pedestrians
2. Light trespass beyond the property line, and
3. Light above a 90 degree horizontal plane. Wall pack type fixtures are not acceptable.
D. All non-essential lighting will be required to be turned off after business hours, leaving only the
necessary lighting for site security. (―Non-essential‖ can apply to: display, aesthetic, parking and sign
lighting).
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E. All area exterior lights shall be full cutoff luminaire.
F. Any luminaire with a lamp or lamps rated at a total of more than 1800 lumens, and all flood or spot
luminaire with a lamp or lamps rated at a total of more than 900 lumens, shall not emit any direct light
above a horizontal plane through the lowest direct-light-emitting part of the luminaire.
G. Any luminaire with a lamp or lamps rate at a total of more than 1800 lumens, and all flood or spot
luminaire with a lamp or lamps rated at a total of more than 900 lumens, shall be mounted at a height
equal to or less than the value 3 + (D/3), where D is the distance in feet to the nearest property boundary.
The maximum height of the luminaire may not exceed [insert proper height].
Prohibitions
A. It shall be unlawful for any person, firm, owner, tenant, person in possession, partnership, corporation
or other business entity to install, alter, repair, move, equip, use or maintain any exterior lighting in
violation of any of the provisions of this article, or to fail in any manner to comply with a notice, directive
or order of the Chief Building Inspector of the [municipality].
B. Uplighting is prohibited. Externally lit signs, display, building and aesthetic lighting must be lit from
the top and shine downward. The lighting must be shielded to prevent direct glare and/or light trespass.
The lighting must also be, as much as physically possible, contained to the target area. Internally lighted
signs are acceptable.
C. Unshielded wall packs and floodlights are prohibited.
D. The operation of searchlights or strobe lights is prohibited.
E. The installation of any mercury vapor fixture or lamp for use as outdoor lighting is prohibited.
Applicability, Non-conforming fixture, Exceptions
A. All exterior lighting, installed, replaced, altered, changed, repaired or relocated after the effective date
of this article shall conform to the provisions established by this article except as provided hereto.
B. No outdoor lighting fixture or use which was lawfully installed on implemented prior to the enactment
of this Code shall be required to be removed or modified. However, no modifications or replacement shall
be made to a non-conforming fixture unless the fixture thereafter conforms to the provisions of this Code,
except that identical lamp replacement is allowed.
C. Vehicular lights and all temporary emergency lighting needed by the fire, ambulance, police
departments or other emergency services are exempt.
D. Holiday exterior lighting. Holiday exterior lighting lit between October 15 and January 15 of the
following year.
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E. Luminaire for municipal playing fields and new municipal streetlights shall be exempt from the height
restriction, provided all other provisions of this article are met.
F. Upward flagpole lighting is permitted for federal state and local government flags only, and provided
that the maximum lumen output is 1300 lumens. Flags are encouraged to be taken down at sunset to avoid
the need for lighting.
Enforcement
A. Any application submitted to any board, department, division or agency of the [municipality] shall
include exterior lighting plans, luminaire and controls specifications and additional documentation if any
exterior lighting is to be used, showing the following, in order to verify that exterior lighting conforms to
the provisions of this article:
(1) Location of each current and proposed outdoor exterior lighting fixture indicated on a site plan.
(2) Type of luminaire equipment, including cutoff characteristics, indicating manufacturer and model
number.
(3) Lamp source type, lumen output, and wattage.
(4) Mounting height indicated, with distance noted to nearest property line, for each proposed and
existing luminaire.
(5) Shielding and all mounting details, including pole foundation description.
(6) Initial illuminance levels as expressed in foot-candle measurements on a grid of the site showing foot-
candle readings in every five-foot square. The grid shall include light contributions from all sources (i.e.,
pole-mounted lights, wall-mounted lights, and signs, including streetlights).
(7) Statement of the proposed hours when each luminaire will be operated.
(8) Total exterior lighting lamp lumens for proposed property.
(9) Lighting manufacturer specifications ("cut sheets") with photographs of the fixtures, indicating the
cutoff characteristics of the luminaire.
(10) Detailed IESNA-formatted photometric data for each fixture at mounting height and lumens
proposed. (Note: This is computer-generated data which is supplied by all manufacturers, describing the
light output of a fixture, upon which lighting plans are based. This will allow the Planning Department to
fully assess the suitability of a fixture in a lighting plan, should they wish to double check the
submission.)
(11) Types of timing devices used to control on/off.
(12) If necessary, documentation by a licensed lighting engineer showing that the provisions can only be
met with a design that does not comply with this article.
B. No exterior lighting shall be installed, replaced, altered, changed, repaired, relocated, enlarged, moved,
improved, or converted unless it conforms to a lighting plan approved by the applicable reviewing board,
department, division or agency of the [municipality].
C. The Chief Building Inspector shall cause a notice of such violation to be served on the owner or person
in possession of the building, structure or lot where said exterior lighting is located or the lessee or tenant
of the part of or of the entire building, structure or lot where said exterior lighting is located requiring
such owner, person in possession, lessee or tenant to remove such illegal exterior lighting within 30 days.
Such notice may be served personally or by certified mail, return receipt requested, and shall notify the
owner, lessee or tenant that the failure to remove said exterior lighting may result in the issuance of an
appearance ticket and/or an action in Supreme Court seeking the removal of said exterior lighting.
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Penalties
A. Any person or corporation who shall violate any of the provisions of this article, or fail to comply
therewith, or with any of the requirements thereof, or who shall build or alter or use any building or land
in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a
misdemeanor, punishable by a fine not exceed $500 or imprisonment for a period not to exceed 15 days,
or both.
B. Each day's continued violation shall constitute a separate additional violation.
C. The owner or owners or lessee of any building or premises, or part thereof, where anything in violation
of this article shall be placed, or shall exist, and any architect, builder, contractor, agent, person or
corporation employed in connection therewith, and who have assisted in the commission of any such
violation, shall each be guilty of a separate offense and upon conviction thereof, shall be fined as herein
provided.
Municipal Zoning Consideration
Many municipalities within Tioga County lack zoning ordinances; only the Village of Owego and the
Village of Waverly have zoning ordinances in place. Zoning is especially important for municipalities that
wish to mitigate the impacts of increased industrial activity, especially near residential, recreational, or
natural areas. By delineating the spatial boundaries of where certain activities can occur, a zoning
ordinance can help maintain the quality of life for the citizens of that county while ensuring that economic
and industrial developments can take place.
State Forests’ Lease Status
Name of State Forest Has it been leased? By who?
Oakley Corners State Forest Yes Chesapeake
Jenskville State Forest Yes Fortuna
Fairfield State Forest Yes Fortuna
Two River State Forest No -
Andersen Hill State Forest Yes Fortuna
Turkey Hill State Forest No -
Michigan Hill State Forest No -
Robinson Hollow State Forest Yes Chesapeake
Beaver Dam State Forest No -
Ketchumville State Forest Yes Chesapeake
Tracy Creek State Forest Yes Chesapeake
Source: http://www.dec.ny.gov/energy/1677.html
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Description of Critical Environmental Areas (CEAs)
Introduction
Critical Environmental Areas are designated to protect a region’s natural resources. Identifying CEAs can
aid in distinguishing the most and the least suitable locations for business and development
infrastructures, as well as facilitating effective land-use policies. In particular, the designated CEAs are
important to consider accommodating the fast changes that may occur with unconventional gas drilling
without damaging the existing natural environments: Land uses such as pipelines, man-camps, and access
road can have harmful effects if placed in environmentally sensitive areas. This section includes a list of
potential CEAs, which each municipality can modify as they see fit.
What Are CEAs, and Why Are They Important?
According to the Department of Environmental Conservation (DEC), Critical Environmental Areas are
local or state agency designated areas under subdivision 6 NYCRR 617.14(g) of the State Environmental
Quality Review (SEQR) regulations. Geographical areas that have one or more of the following
characteristics qualify as potential CEAs:
1. A feature that is a benefit or threat to human health (Referred to as HUMAN HEALTH in CEA
criteria below)
2. An exceptional or unique natural setting (Referred to as NATURAL in CEA criteria below)
3. Exceptional or unique social, historic, archaeological, recreational or educational values
(Referred to as SOCIO-CULTURAL in CEA criteria below)
4. An inherent ecological, geological or hydrological sensitivity to change that may be adversely
affected by any physical disturbance (Referred to as HYDROLOGIC in CEA criteria below)
Although CEA designation does not offer the legal protection provided by land use controls such as
zoning, they encourage thorough examination and planning for development. CEA designation serves ―to
alert project sponsors to the agency’s concerns for the resources or dangers contained within the CEA,‖
and to what the community wants to "protect or ensure consideration … in land use decisions.‖
Furthermore, when designated as a CEA, an evaluation of the potential impact of any Type 1 or Unlisted
Action on the environmental characteristics of that particular area is required by the rules defined in
Section 617.7 of SEQR.
Disclaimer about Critical Environmental Areas (CEAs)
The following section contains a list of natural areas that are identified as potential Critical Environmental
Areas (CEAs), based on the criteria outlined by the DEC. CEA serves ―as an avenue to protect or ensure
consideration of the resource in land use decisions‖ (DEC). Designating an area as a CEA serves to
heighten awareness of the area’s importance for the sponsor of the action. Moreover, it can notify the
agency that is reviewing the action of significant concerns related to the site.
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It is important to note that designating an area as a CEA is not an avenue for development control. Even if
a local or state agency goes through the CEA designation process and is successful in its effort, ―it does
not grant any agency permitting authority, zoning restrictions, or other jurisdictions that did not already
exist before the designation of the CEA‖ (DEC).
Why Consider Natural Areas When Drilling?
Hydro-fracturing is associated with several environmental risks. Areas that are especially susceptible to
these and other risks may be considered for CEA designation.
Below is a simplified list of factors to be considered when evaluating a site’s susceptibility to potential
environmental impacts of hydro-fracturing (dSGEIS 2009).
1) Water Resources
Water withdrawals lead to reduced stream flow and may negatively impact alternative
uses
Impacts to Aquatic Habitat & Ecosystem
Impacts to Downstream Wetlands
2) Surface Spills and Releases around Well Pads
3) Groundwater Impacts Associated With Well Drilling and Construction
Turbidity
Fluids Pumped into the Well
Natural Gas Migration
Hydraulic Fracturing Procedure (Wellbore Failure, Subsurface Pathways)
4) Solids Disposal
5) Ecosystem & Wildlife
6) Air Quality
7) Visual & Noise
8) Community Character
Private Natural Areas of Interest
Mutton Hill Pond – Owego
Description: The pond is a popular fishing area. It contains many rare bog species.
Source: http://newyork.hometownlocator.com/features/countyfeatures,scfips,36107,c,tioga.cfm
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http://newyork.hometownlocator.com/maps/feature-
map,ftc,1,fid,958220,n,mutton%20hill%20pond.cfm#Neighborhoods
Holden Pond – Newark Valley
Description: The pond is a fishing destination.
Source: http://www.fishingworks.com/lakes/new-york/tioga/newark-valley/holden-pond/;
Map: http://www.topozone.com/map.asp?lon=-76.2129863&lat=42.1556298&datum=nad83
Rightmire Pond – Richford Description: The pond is a lake fishing destination.
Source: http://www.fishingworks.com/lakes/new-york/tioga/richford/rightmire-pond/;
Map: http://www.topozone.com/map.asp?lon=-76.2060416&lat=42.3189624&datum=nad83
Summit Pond – Richford Description: The pond is a lake fishing destination.
Source: http://www.fishingworks.com/lakes/new-york/tioga/richford/summit-pond/;
Map: http://www.topozone.com/map.asp?lon=-76.2254866&lat=42.3434065&datum=nad83
Empire Lake – Spencer Description: The Lake is a fishing destination.
Source: http://www.fishingworks.com/lakes/new-york/tioga/spencer/empire-lake/
http://www.largemouthbass.com/fishingspots.phtml?spot_id=4064857
http://www.largemouthbass.com/fishingspots.phtml?spot_id=4064857http://www.largemouthbass.com/fis
hingspots.phtml?spot_id=4064857
Map: http://www.topozone.com/map.asp?lon=-76.426328&lat=42.1720185&datum=nad83
Hill Top Lake – Spencer Description: The Lake is a fishing destination.
Source: http://www.fishingworks.com/lakes/new-york/tioga/spencer/hill-top-lake/
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List of Potential Critical Environmental Areas
Town of Owego
*Partially in Village of Owego
#1: Hiawatha Island
Description: Resting in the Susquehanna River between Owego and Apalachin, this 112 acre island
contains a variety of wildlife. The site contains ―hundreds of flora and fauna species, including several
listed on the state endangered species listing.‖ In 2006, the DEC declared that a family of bald eagles was
living on the island. Large tree species such as the sugar maple, black walnut, and white ask, can be found
on the island. The property, maintained by the Waterman Conservation Education Center, is now an
education center and wildlife refuge.
Source:
http://www.watermancenter.org/waterman.htm
CEA Criteria: Natural, Socio-cultural, Hydrologic
#2: Apalachin Marsh
Description: Apalachin Marsh is recognized by the New York State Department of Environmental
Conservation as a protected wetland area. This scenic site is home to many species of waterfowl,
shorebirds, songbirds, and mammals and is one of the best bird watching sites in NY State. Hawks,
herons, egrets, wood ducks, mallards, warblers, and other wildlife species visit the marsh each year.
Visitors can access a second pond area of the marsh as well as an old canal bed (located along the east
bound lanes of Route 17) through the expanded trail system.
Source:
http://www.watermancenter.org/apalachin.htm
http://www.visittioga.com/visitors-guide
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CEA Criteria: Natural, Hydrologic
#3: Hickories Park
Description: Hickories Park is witness to the historic peace conference that founded the Iroquois
Confederation in the 1400s. It is also the home of John D. Rockefeller. Currently, many recreational
activities take place within the park, including cross-country skiing along the banks of the Susquehanna
River, horseshoe pitching, boat launching, rental of covered pavilions, camping, and summer outdoor
concerts.
Source:
http://www.visittioga.com/sports-a-recreation/x-c-skiing
http://www.visittioga.com/sports-a-recreation/parks
http://www.tiogacountyny.com/towns_villages/owego.php
http://www.townofowego.com/hickories.htm
CEA Criteria: Natural, Socio-cultural
#4: Tracy Creek State Forest
Description: The state forest, spanning 512 acres, is covered by many species of trees including Northern
Hardwood, Oak, Red Pine, and Norway Spruce. On the southeast boundary of the forest is a 2-acre
wetland, which contains geese, ducks, beaver, herons and other wetland wildlife species. The state forest
also has an extensive informal trail system, ideal for ―hiking, skiing, horseback riding, and mountain
biking.‖
Source:
http://www.visittioga.com/sports-a-recreation/hiking—biking
http://www.dec.ny.gov/lands/8102.html
CEA Criteria: Natural, Socio-cultural, Hydrologic
#5: Waterman Conservation Education Center
Description: The Center includes the Appalachian Marsh (the 50-acre wetland is one of the best birding
sites in NY), Brick Pond (an excellent wildlife-watching site with beavers, muskrats, waterfowl,
shorebirds, and a great variety of songbirds), and Hiawatha Island (112 acre island refuge and 18 acre
mainland Riverfront Park filled with a variety of wildlife).
Source:
http://www.visittioga.com/sports-a-recreation/hiking—biking
http://www.watermancenter.org/waterman.htm
CEA Criteria: Natural, Hydrologic
#6: Oakley Corners State Forest
Description: The forest offers 16 miles of trails for hiking, mountain biking and cross-country skiing.
Containing two ponds, the state forest is also an ideal site for bird-watching, hunting, fishing, and boating.
Source:
http://www.visittioga.com/sports-a-recreation/hiking--biking
http://www.dec.ny.gov/lands/8144.html
CEA Criteria: Natural, Socio-cultural
#7: Holden Pond
Description: This is a popular fishing destination.
Source: http://www.fishingworks.com/lakes/new-york/tioga/newark-valley/holden-pond/;
Map:
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http://www.topozone.com/map.asp?lon=-76.2129863&lat=42.1556298&datum=nad83
CEA Criteria: Natural, Socio-cultural
#8: Mutton Hill Pond
Description: The pond is a popular fishing area.
Source:
http://newyork.hometownlocator.com/features/countyfeatures,scfips,36107,c,tioga.cfm
http://newyork.hometownlocator.com/maps/feature-
map,ftc,1,fid,958220,n,mutton%20hill%20pond.cfm#Neighborhoods
CEA Criteria: Natural
#9: Owego Creek
Description: The creek is a brown trout habitat.
Source:
http://www.dec.ny.gov/outdoor/23284.html
http://www.tiogacountyny.com/towns_villages/tioga_history.php
CEA Criteria: Natural
#10: Heron Rookery
Description: A historic site identified by SUNY Binghamton.
CEA Criteria: Socio-cultural
#11: Hiawatha Farm
Description: A historic site identified by SUNY Binghamton.
CEA Criteria: Socio-cultural
#12: Owego Marsh
Description: Unique area identified by municipality.
CEA Criteria: Natural
#13: Pumpelly Gorge
Description: Unique area identified by municipality.
CEA Criteria: Natural
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Village of Owego
#1: Brick Pond Wetland Preserve
Description: This wetland preserve contains ―30 acres of open water surrounded by emergent plants and
a wet woods.‖ This pond, home to beavers, muskrats, waterfowl, shorebirds, and many species of
songbirds, is a great site for wildlife observations. It is also known to be one of New York State’s best
birding sites. It is important to note that the wetland preserve is ―protected against industrial
development…under the [DEC’s] Wetlands Act of 1975.‖
Source:
http://www.visittioga.com/sports-a-recreation/hiking—biking
http://www.watermancenter.org/waterman.htm
http://www.watermancenter.org/brickpond.htm
CEA Criteria: Natural, Socio-cultural, Hydrologic
#2: Courthouse Square (Park)
Description: An important public space for local activities and gatherings. Constructed in 1871 and listed
on the National Register of Historic Places, the nearby courthouse serves as a prominent landmark for the
Village of Owego. All village parks are potential CEA sites.
Source:
http://www.tiogacountyny.com/pdfs/government/govtoverview.pdf
http://www.owegopennysaver.com/news/tea-party-movement-rallies-in-owego-1.732056
http://www.owegostrawberryfestival.com/
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CEA Criteria: Natural, Socio-cultural
#3: Ahwaga Park (Mayor’s Park)
Description: This small waterfront park in downtown Owego is a popular recreation area for local
residents. It is also a canoe/kayak launching site. Lastly, the park is the starting point of the Owego River
Walk trail (it passes behind the Riverow under the Susquehanna River Bridge, and continues to the
riverfront Draper Park). All village parks are potential CEA sites.
Source:
http://www.visittioga.com/sports-a-recreation/parks
http://www.visittioga.com/visitors-guide
http://www.ruralhealthnetwork.org/docs/Trails%20of%20Tioga%20Map.pdf
http://www.tiogacountyny.com/pdfs/government/govtoverview.pdf
http://www.villageofowego.com/documents/owego_code.pdf
Map:
http://www.villageofowego.com/riverwalk/Owego-River-Walk-02.23.09.pdf
CEA Criteria: Natural, Socio-cultural
#4: Evergreen Cemetery
Description: Established in 1851, this historic cemetery contains a Gothic-style memorial chapel. In
2002, the site is listed on the National Register of Historic Places. All village parks are potential CEA
sites.
Source:
http://www.villageofowego.com/documents/owego_code.pdf
http://www.tiogacountyveterans.org/6.html
http://www.nps.gov/history/nr/listings/20020412.htm
CEA Criteria: Natural, Socio-cultural
#5: Draper Park
Description: The waterfront park is a recreational site for local residents with a two-person swing,
benches, gardens and a view of the Susquehanna River. It is also located near the Owego Central Historic
District. The park is also the ending point of the Owego River Walk. All village parks are potential CEA
sites.
Source:
http://www.visittioga.com/sports-a-recreation/parks
www.visittioga.com/visitors-guide
http://www.livingplaces.com/NY/Tioga_County/Owego_Village/Owego_Central_Historic_District.html
http://www.ruralhealthnetwork.org/docs/Trails%20of%20Tioga%20Map.pdf
CEA Criteria: Natural, Socio-cultural
#6: Hallstead Park
Description: All village parks are potential CEA sites.
Source:
http://www.tiogacountyny.com/pdfs/government/govtoverview.pdf
CEA Criteria: Socio-cultural
#7: Dave Livingston Memorial Park
Description: This park borders the Owego Creek and has a ball playing field. All village parks are
potential CEA sites.
http://www.visittioga.com/sports-a-recreation/parks
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http://www.ruralhealthnetwork.org/docs/Trails%20of%20Tioga%20Map.pdf
http://www.villageofowego.com/documents/owego_code.pdf
CEA Criteria: Socio-cultural
#8: Gerry Boland Memorial Park
Description: All village parks are potential CEA sites.
Source:
http://www.villageofowego.com/documents/owego_code.pdf
CEA Criteria: Socio-cultural
#9: Hyde Park Description: The only medium sized park in Owego, Hyde Park contains baseball fields, a batting cage, a
field house and a small playground. All village parks are potential CEA sites.
Source:
http://www.visittioga.com/sports-a-recreation/hiking--biking
http://www.villageofowego.com/documents/owego_code.pdf
CEA Criteria: Socio-cultural
#10: Marvin Park
Description: As Owego’s largest park, Marvin Park has picnic tables, covered pavilions, playgrounds,
playing fields, outdoor swimming pool, tennis courts, and a running track circling the entire area. All
village parks are potential CEA sites.
Source:
http://www.visittioga.com/sports-a-recreation/parks
http://www.ruralhealthnetwork.org/docs/Trails%20of%20Tioga%20Map.pdf
http://www.villageofowego.com/documents/owego_code.pdf
CEA Criteria: Socio-cultural
#11: Thompson Memorial Park
Description: All village parks are potential CEA sites.
Source:
http://www.villageofowego.com/documents/owego_code.pdf
CEA Criteria: Socio-cultural
#12: Woodlawn Park
Description: All village parks are potential CEA sites.
Source:
http://www.villageofowego.com/documents/owego_code.pdf
CEA Criteria: Socio-cultural
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Town of Newark Valley
#1: Alexander Park
Description: Developed and donated by Donald M. Alexander in the 1960s, this park currently serves as
an importance space for community groups’ activities.
Source:
http://cornellalumnimagazine.com/index.php?option=com_content&task=view&id=69&Itemid=56&ed=4
CEA Criteria: Natural, Socio-cultural
#2: Ketchumville State Forest
Description: Located in the Central Appalachians ecological subzone, Ketchumville State Forest provides
a diverse range of habitats. Many species of plants can be found in the area, including the Orange
Hawkweed and the Wild Hydrangea. The park contains no formally-marked trails, but it does provide
visitors the opportunity to hunt, hike, and nature observation.
Source:
http://www.visittioga.com/sports-a-recreation/hiking--biking
http://www.dec.ny.gov/lands/37365.html
Map: http://www.dec.ny.gov/docs/regions_pdf/ketchvll.pdf
CEA Criteria: Natural, Socio-cultural
#3: Belcher-Holden Farm
Description: This two-storey building is listed in the National Register of Historic Places in 1997.
Source:
http://www.nps.gov/history/nr/listings/980102.htm
http://www.vabeaver.com/nvhs/historiansresources.shtml
CEA Criteria: Socio-cultural
#4: Blewer Farm
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Description: Blewer Farm contains a historical building that was constructed sometime between 1885
and 1900. The site is listed in the National Register of Historic Places in 1998.
Sources:
http://www.nps.gov/history/nr/listings/980410.htm
http://www.vabeaver.com/nvhs/historiansresources.shtml
CEA Criteria: Socio-cultural
#5: Daniel Chamberlain House
Description: The historic home is constructed in the Federal, Greek Revival, and Italianate styles. The
site is listed in the National Register of Historic Places in 1997.
Source:
http://www.nps.gov/nr/listings/980102.htm
http://www.vabeaver.com/nvhs/historiansresources.shtml
CEA Criteria: Socio-cultural
#6: Farrand-Pierson House
Description: Built in the 1860s, this historic home is demonstrative of the Greek Revival style that
dominated architecture during that era. The site is listed in the National Register of Historic Places in
1997.
Source:
http://www.nps.gov/nr/listings/980102.htm
http://www.vabeaver.com/nvhs/historiansresources.shtml
CEA Criteria: Socio-cultural
#7: Maple Lawn Farm
Description: The historic home was constructed in the English Baroque architectural style during the
1880s. The site is listed in the National Register of Historic Places in 1997.
Sources:
http://www.nps.gov/history/nr/listings/980102.htm
http://www.vabeaver.com/nvhs/historiansresources.shtml
CEA Criteria: Socio-cultural
#8: Morris Clinton House
Description: The house, constructed in 1882, exemplifies the progressive rural architecture of the era.
The site is listed in the National Register of Historic Places in 1998.
Sources:
http://www.nps.gov/history/nr/listings/980410.htm
http://www.vabeaver.com/nvhs/historiansresources.shtml
CEA Criteria: Socio-cultural
#9: Wade Farm
Description: Wade Farm contains a historical building that was constructed in 1822. The site is listed in
the National Register of Historic Places in 1997.
Sources:
http://www.nps.gov/history/nr/listings/980102.htm
http://www.vabeaver.com/nvhs/historiansresources.shtml
CEA Criteria: Socio-cultural
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Village of Newark Valley
#1: Bement Billings Homestead
Description: Listed in the National Registry of Historical Sites, the Bement Billings Homestead serves as
a public space for holding annual activities such as the Apple Festival.
Source:
http://villagenv.com/village-office/history/
http://www.nvhistory.org/bementbillingsfarmstead.shtml
CEA Criteria: Socio-cultural
#2: Trout Ponds Park
Description: The park provides a space for annual community events, such as Newark Valley Days. It
contains pavilions, playground, basketball court, and baseball diamonds.
Source:
http://villagenv.com/residents/parks/trout-ponds/
http://villagenv.com/village-office/history/
CEA Criteria: Socio-cultural
#3: Village Green (Park)
Description: The green has been subject to many beautification projects by the local townspeople. Many
community organizations have used the village green for ―bottle drives and Christmas tree sales, as well
as vendors at events and the occasional small weddings.‖
Source:
http://villagenv.com/residents/parks/village-green/
CEA Criteria: Socio-cultural
#4: Flood Control Levee
Description: Important area identified by municipality.
CEA Criteria: Human health
#5: Silk Street Bridge
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Description: A historic lenticular pony truss bridge built in 1888; Silk Street Bridge spans the East
Branch of Owego Creek. The site is listed in the National Register of Historic Places in 1998.
Source:
http://www.nps.gov/history/nr/listings/980508.htm
http://www.vabeaver.com/nvhs/historiansresources.shtml
CEA Criteria: Socio-cultural
#6: Knapp House
Description: A two story, frame Colonial Revival style historical residence built in approximately 1905.
The site is listed on the National Register of Historic Places in 1998.
Source: http://www.oprhp.state.ny.us/hpimaging/hp_view.asp?GroupView=9315
CEA Criteria: Socio-cultural
#7: Nowland House
Description:
Constructed in 1868, this two-story house exhibits the Greek Revival and Italianate architectural styles.
The site is listed in the National Register of Historic Places in 1997.
Source:
http://www.nps.gov/history/nr/listings/980102.htm
CEA Criteria: Socio-cultural
Town of Richford
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#1: Beaver Dam State Forest
Description: The Beaver Dam State Forest provides mountain biking opportunities, hunting, and trapping
activities. It ensures a perpetual supply of timber, a diversity of wildlife habitats, and clean water.
Source:
http://www.dec.ny.gov/lands/37439.html
CEA Criteria: Natural, Socio-cultural, Hydrologic
#2: Robinson Hollow State Forest
Description: Encompassing 1,402 acres of land, the Robinson Hollow State Forest extends to the towns
of Richford, Caroline, and Harford. It provides recreational opportunities such as hunting and trapping,
informal camping, and bird watching. Also, the forest is an excellent habitat for many different species of
plants and animals, especially deer, turkey, grouse, raccoon, and fox. The Tri-County pond provides
family fishing opportunities as it is stocked with rainbow trout and largemouth bass. Moreover, the forest
has about 3 miles of marked snowmobile trial and about 2.5 miles of the Finger Lakes Hiking Trails.
Source:
http://www.dec.ny.gov/lands/37381.html
CEA Criteria: Natural, Socio-cultural, Hydrologic
#3: Michigan Hill State Forest
Description: Encompasses 1,209 acres of land in the town of Richford. It is provides a landscape with
various tree types, including oak, red pine, and spruce. Also, the forest is a critical habitat for a suite of
birds, including the ruffed grouse, American woodcock, white-throated sparrow, American goldfinch,
chestnut sided warbler, yellow warbler, blue-winged warbler, and so on. In addition, approximately 45
acres are maintained as grassland and pheasants are released on a yearly basis. Furthermore, mammals
such as the red fox, gray fox, white tailed deer, eastern cottontail, woodland vole, and the meadow
jumping mouse can all be found within the early forest habitat. There are also 42 species of reptiles and
amphibians confirmed or predicted in the area.
Source:
http://www.dec.ny.gov/lands/37372.html
CEA Criteria: Natural, Socio-cultural, Hydrologic
#4: Turkey Hill State Forest Description: Encompasses 1,108 acres of land in the town of Richford and Berkshire in the northeastern
tip of Tioga County. The landscape and the recreational opportunities that are provided are very similar to
that of the Michigan Hill State Forest. Yet, it also provides 1.0 mile of snowmobile trails.
Source:
http://www.dec.ny.gov/lands/37388.html
CEA Criteria: Natural, Socio-cultural, Hydrologic
#5: Anderson Hill State Forest
Description: This State Forest encompasses 554 acres of completely forested land. The park provides
habitats for many different species of birds, amphibians, and mammals such as the Acadian flycatcher,
American woodcock, cerulean warbler, scarlet tanager, spotted salamander, grey tree frog, white tailed
deer, and little brown bat. Furthermore, Andersen Hill is a hunting, trapping, fishing, hiking, and
snowmobiling destination. A cooperative fishing access site developed by the DEC and the Tioga County
Soil and Water Conservation District (SWCD) provides public access to the West Branch of Owego
Creek; the West Branch is stocked with over 5,000 brown trout annually. The forest has a marked
snowmobile trail about 0.5 miles in length.
Source:
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http://www.dec.ny.gov/lands/37351.html
http://www.visittioga.com/sports-a-recreation/hiking--biking
CEA Criteria: Natural, Socio-cultural, Hydrologic
#6: Finger Lake Trails Description: A footpath for hikers which stretches 560 miles from the Pennsylvania/ New York border in
Allegany State Park to the Long Path in the Catskill Forest Preserve. It is part of the North Country
National Scenic Trail, which is a much larger trail system that extends half way across the continent. The
trail provides access to unique natural areas and rugged gorges.
Source:
http://www.visittioga.com/sports-a-recreation/hiking--biking
http://vacation.away.com/attractions/travel-ad-cid8986-finger-lakes-national-forestattid295567-finger-
lakes-trail-attraction.html
CEA Criteria: Natural, Socio-cultural
#7: Tri-County Pond
Description: This 1.7 acres pond is located at the intersection of Cortland, Tioga, and Tompkins County
lines. It is a rainbow trout habitat, and provides trout and panfish fishing. It is also an ideal ice fishing
location.
Source:
http://www.dec.ny.gov/outdoor/39722.html
http://www.dec.ny.gov/outdoor/23224.html
CEA Criteria: Natural, Socio-cultural
#8: West Branch Owego Creek Description: There are 1.6 miles of Public Fishing Rights (PFR’s) along this creek. Both wild brown trout
and the occasional wild brook trout can be caught in the creek. Every year, around 5,000 one year-brown
trout (8-10‖) and 650 two year-old brown trout (12-15‖) is stocked in the creek.
Source:
http://www.dec.ny.gov/docs/fish_marine_pdf/r7wbowepfr.pdf
CEA Criteria: Natural, Socio-cultural
Town of Barton
*Partially in Village of Waverly
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#1: Two River State Park
Description: Located on a plateau overlooking the confluence of the Chemung and Susquehanna rivers in
Waverly, the Two River state Park contains mixed woods with spruce, hemlock, white pine, scots pine,
dogwood, and oaks. Because of its fragile habitat, the park provides limited recreational activities such as
cross-country skiing, canoeing/kayaking, hiking, birding, photography, and picnicking.
Source: http://www.ilovethefingerlakes.com/recreation/stateparks-tworivers.htm
CEA Criteria: Natural, Socio-cultural, Hydrologic
#2: Carantouan Greenway Description: Provides on-road and woodlands biking and hiking, bird watching and boating along the
complex of trails following the Susquehanna and Chemung Rivers in the Penn-York Valley.
Source:
http://www.vacationfun.com/ebrochures/TiogaCounty/TiogaCnty.pdf
CEA Criteria: Natural, Socio-cultural
#3: Cayuta Creek
Description: Also known locally as Shepherds Creek. It flows southeast through northeastern Chemung
County and eventually joins the Susquehanna River. The creek contains primarily brown trout, thus
providing excellent trout fishing opportunities.
Source:
http://www.dec.ny.gov/docs/fish_marine_pdf/pfrcayutack.pdf
CEA Criteria: Natural, Socio-cultural, Hydrologic
#4: Waverly Glen Park Description: Waverly Glen Park provides family recreational opportunities. It contains picnic areas,
basketball court, two tennis courts, children’s gym equipment, covered pavilions, water taps and barbeque
fireplaces. The park is also well known for its single-track mountain bike trail.
Source:
http://www.visittioga.com/sports-a-recreation/parks/34-waverly-glen
CEA Criteria: Natural, Socio-cultural
#5: East Waverly Park
Description: Historic area identified by municipality.
Source: CEA Criteria: Socio-cultural
#6: Wildwood Sanctuary
Description: Natural area identified by municipality.
Source: CEA Criteria: Natural
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Village of Waverly
#1: Forbidden Path
Description: A hiking path that starts along the old trolley tracks and ends at the Carantouan (now called
Spanish Hill) Spring. It is also a historic Andaste Indian site.
Source:
http://www.vacationfun.com/ebrochures/TiogaCounty/TiogaCnty.pdf
http://www.visittioga.com/sports-a-recreation/hiking--biking
CEA Criteria: Natural, Socio-cultural
#2: Grace Episcopal Church
Description: The site is listed on the National Register of Historic Places in 2000.
Source:
http://www.oprhp.state.ny.us/hpimaging/hp_view.asp?GroupView=9333
CEA Criteria: Socio-cultural
#3: U.S. Post Office Waverly
Description: Listed on the National Register of Historic Places in 1988.
Source:
http://www.oprhp.state.ny.us/hpimaging/hp_view.asp?GroupView=9267
CEA Criteria: Socio-cultural
#4: Waverly Junior and Senior High School
Description: The site is listed on the National Register of Historic Places in 1997.
Source:
http://www.oprhp.state.ny.us/hpimaging/hp_view.asp?GroupView=9278
CEA Criteria: Socio-cultural
#5: Waverly Village Hall
Description: Well known for its Queen Anne style bell tower, it is listed on the National Register of
Historic Places in 2003.
Source:
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http://www.oprhp.state.ny.us/hpimaging/hp_view.asp?GroupView=11474
CEA Criteria: Socio-cultural
Town of Tioga
#1: Ransom Park
Description: A public park that hosts many community picnics and annual Pipe Creek Parade.
Source:
http://www.tiogacountyny.com/towns_villages/tioga.php
CEA Criteria: Natural
#2: Brinks Woods
Description: Natural area identified by municipality.
CEA Criteria: Natural
#3: Buttermilk Falls
Description: Natural area identified by municipality.
CEA Criteria: Natural
#4: Neiger Hollow
Description: Natural area identified by municipality.
CEA Criteria: Natural
#5: the Narrows (Susquehanna River)
Description: Area of hydrological importance identified by municipality.
CEA Criteria: Hydrologic
Town of Candor
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#1: Fairfield State Forest
Description: Encompassing 815 acres of land, the Fairfield State Forest lies within the Central
Appalachians ecological subzone. The forest contains many species of trees, including oaks, hardwoods,
and hemlocks. There are also various plant types, such as tree clubmoss, painted trillium, and Christmas
fern. Furthermore, it provides habitats for diverse wildlife species including mammals, reptiles,
amphibians, and birds. In terms of recreational opportunities, the forest offers approximately 1 mile of
formal snowmobile trails. In addition, visitors can use the informal trails and old farm lanes that are found
throughout the State Forest.
Source:
http://www.dec.ny.gov/lands/37358.html
CEA Criteria: Natural, Socio-cultural, Hydrologic
#2: Willseyville Marsh
Description: Area of hydrological importance identified by municipality.
CEA Criteria: Hydrologic
Village of Candor
#1: John W. McCarty House
Description: This historic home is built in the Italianate style. The site is listed in the National Register of
Historic Places in 2001.
Source:
http://www.nps.gov/history/nr/listings/20010323.htm
CEA Criteria: Socio-cultural
Town of Berkshire
#1: Jenksville State Forest
Description: Encompassing 1349 acres of land in the towns of Berkshire and Newark Valley in
northeastern Tioga County, Jenksville State Forest provides recreational areas for hunting, fishing, bird-
watching, snowshoeing, and trapping. Moreover, the forest’s trail system is designed to offer family-based
recreation for hiking, mountain biking, horseback riding, and cross-country skiing.
Source:
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http://www.dec.ny.gov/lands/8189.html
CEA Criteria: Natural, Socio-cultural, Hydrologic
Town of Spencer
#1: Spencer Lake
Description: A glacially carved, 100-acre spring and creek-fed lake. In the headwaters of the Catatonk
Creek Watershed, the lake property includes five small islands. There are 75 acres of forest and fields that
abut the lake and it provides recreational opportunities such as camping, canoeing, swimming, and
fishing.
Source: http://www.u-s-c.org/html/SpencerLakeproposal.htm
CEA Criteria: Natural, Socio-cultural, Hydrologic
#2: Empire Lake Description: Located approximately 9.7 miles from Owego, near Halsey Valley. It is a popular area for
fishing Atlantic salmon, pumpkinseed and yellow bass.
Source:
http://www.hookandbullet.com/fishing-empire-lake-owego-ny/
CEA Criteria: Natural, Socio-cultural
#3: Hill Top Lake Description: This lake is a popular fishing site.
Source:
http://www.fishingworks.com/lakes/new-york/tioga/spencer/hill-top-lake/#fc
CEA Criteria: Natural, Socio-cultural
#4: Spencer Van Etten Marsh
Description: Area of hydrological importance identified by municipality.
CEA Criteria: Hydrologic
#5: North Spencer Swamp
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Description: Area of hydrological importance identified by municipality.
CEA Criteria: Hydrologic
#6: Plykas & Pelto Dams (Part of Dean Creek Flood Control Project)
Description: Area of hydrological importance identified by municipality.
CEA Criteria: Hydrologic
Village of Spencer
#1: Nichols Park
Description: An excellent picnic area for the local residents. It hosts the annual Spencer Picnic, the
summer ―Music in the Park‖ series of concerts and many other events.
Source:
http://www.visittioga.com/sports-a-recreation/parks/37-nichols-park
CEA Criteria: Natural, Socio-cultural
Village of Nichols
#1: Kirby Park
Description: The only medium sized park in Nichols, Kirby Park offers various recreational facilities,
such as playgrounds, picnic pavilions, and basketball and tennis courts.
Source:
http://www.visittioga.com/sports-a-recreation/parks
CEA Criteria: Natural, Socio-cultural
#2: Nichols High School
Description: Built between 1911 and 1912, the Nichols High School is designed in the Tudor Revival
architectural style. The site is listed in the National Register of Historic Places in 1996.
Source:
http://www.oprhp.state.ny.us/hpimaging/hp_view.asp?GroupView=9260
CEA Criteria: Hydrologic
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Cross Municipalities
#1: Susquehanna River
Description: Refer to the Water Quality Section.
Source: Refer to the Water Quality Section.
CEA Criteria: Human health, Natural, Socio-cultural, Hydrologic
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Map Analysis
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Description: Land Use by Type, Tioga County, NY
As seen from the land use map, Tioga County is primarily a rural community with many farmlands.
Therefore the majority of the county residents have significant cultural and economic ties with its natural
areas, not simply through farming but by providing hunting areas, bird observation sites, and farm tours to
tourists. Moreover, many recreational opportunities are available in natural areas, such as hiking trails in
parks, along streams and the Susquehanna River, and in historic areas. These direct and indirect
economic and social values of the landscape are important factors to consider with regards to land use and
industrial development. The following list of the potential CEAs are chosen and ranked according to the
number of local needs that each area satisfies. Such information should aid the municipalities in deciding
which natural areas are most critical to their health and welfare, and therefore are worthy of CEA
designation or other means of protection.
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Description: Map of Areas Least Suitable for Development & Natural Gas Drilling in Tioga
County, New York
To derive the areas that are least suitable for development and natural gas drilling, a suitability
analysis was done using ArcGIS. The areas used for the analysis were parks, ponds, marshes, the
Susquehanna River, wetlands, streams, aquifers, public water wells, hunting areas, bird observation areas,
and cemeteries/historic areas. Parks, ponds, marshes, and Susquehanna River were ranked the highest as
they are the major sources of vegetation, water, and recreation to the county residents. The wetlands and
streams, although their individual sizes are small, were chosen to be the next highest ranked because they
are uniformly spread out through the entire county. Aquifers and public water wells were ranked next
based on the assumption that they are less likely to get contaminated when the Susquehanna River,
wetlands, and streams are protected. The hunting areas and bird observation areas are ranked next as
many of the areas already overlap with parks, ponds, and marshes. Finally, since our focus is on helping
define potential CEAs, cemeteries and historic areas were ranked next. Although cemeteries and historic
areas are important to consider, they were ranked as lowest as they are not natural areas with unique
ecosystems.
After ranking the areas of importance, the distances to each area were again ranked on a scale
from 1 to 10, 1 being the farthest distance from the areas and 10 being the closest distance to the areas
because it is preferable that drilling sites are as far away from these areas as possible. Then each site was
weighted according to a percentage of influence, which resulted in a single ranking scale from 1 to 10, 1
being the least naturally sensitive areas and 10 being the most naturally sensitive areas. Lastly, since our
purpose is to show the most naturally sensitive areas, which are areas that are least suitable for
development and gas drilling, the ranking was narrowed down to two areas: least suitable (unsuitable) and
the most least suitable (highly unsuitable). Please note, the ranking and the percentage of influence of
each area can be changed to suit the needs of the county residents.
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Map of Major Sources of Water Supply of Tioga County, New York
The major sources of the residential water supply were derived from a suitability analysis. The
same process as the previous map was taken but with only two areas: aquifers and public water wells.
Although aquifers and public water wells are not designated as natural areas, they were critically
considered because of their direct influence on the health of the county residents. As aquifers and public
water wells were seen as equally important, the percentage of influence was given 50/50. However, this
can be changed according to the needs of the county residents.
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Description: An Example of Using the Suitability Maps
By overlaying the suitability maps with the potential drilling sites, one can see that the locations of many
permitted vertical wells are near the suitable areas for development in the southeast part of the County
("suitable" meaning this area lacks a concentrated number of sensitive environmental areas). However, if
the pattern of hydrofracturing activities continues to move northward from Pennsylvania, as the maps
suggest, drilling companies will get closer to the drinking water supply areas and other sensitive areas.
Designating such areas as "Critical Environmental Areas" can help protect these resources on behalf of
the community and County.
Note: ―Potential Drilling Sites‖ on the map are the permitted vertical drill pad sites as of spring, 2010.
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W R
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Chapter 5: Water Quality
Introduction
The purpose of this chapter is to provide an overview of gas development-related water quality issues
within New York State and to provide information and resources specific to water quality planning for
municipalities in Tioga County. Gas drilling brings with it a number of new concerns about water quality.
The processes that local governments undergo in preparation for gas drilling will be relevant to other
types of industrial development and the general health and safety of the community. Municipalities can
better address water quality and safety concerns by understanding the state and federal water resource
regulations and by establishing proactive plans for water protection. A summary of the relevant regulatory
structure is included in Chapter 3.
This chapter contains a general description of the fracturing fluid, including a list of chemical additives.
As of spring 2010, current legislation makes it impossible to know what specific chemicals are used at a
given site. Nonetheless, this chapter includes a list of suggested water quality parameters for baseline
water quality tests. It is critical that municipalities perform these baseline tests in the case of wellhead or
aquifer contamination. Without baselines, establishing liability for contamination is difficult.
A wellhead protection plan will help municipalities prepare for the impacts of gas drilling. Wellhead
protection plans are proactive, comprehensive strategies that can address all of the threats to safe drinking
water, including gas drilling. The steps in designing the plan are laid out in this chapter, including
performing a water resource inventory, performing a risk assessment, and implementing the plan. The
chapter includes a model wellhead protection ordinance that can be adapted to suit the needs of towns and
villages. The chapter ends with a brief discussion of best management practices to help municipalities
work with the industry to mitigate potential hazards to water quality.
Included in this chapter:
Chemicals associated with hydro-fracturing
Water testing
Aquifers and water sources
Wellhead protection ordinance
Best industry practices
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Chemicals Used in Hydro-fracturing
Description of hydro-fracturing fluid
Hydro-fracturing fluids are pumped into wells at extremely high pressure to create fractures in the rock,
through which gas can flow.
The types of chemical additives used during the fracturing process are dependent on the specific geology
of a particular region and the depth of the Marcellus Shale from the surface. As of spring 2010, the list of
the site-specific chemicals that will be included in fracturing fluid for drilling activities in Tioga County is
not available. Hydro-fracturing fluid is exempted from the Safe Drinking Water Act according to a
provision put into the Act in 2005, so drilling companies are not required to disclose a list of site-specific
chemicals used in fracturing fluid. In 2009, the Fracturing Responsibility and Awareness of Chemicals
Act (FRAC Act) was introduced to the House of Representatives. The act aims "to repeal exemption for
hydraulic fracturing in the Safe Drinking Water Act."
Though gas companies insist that the chemicals used in fracturing fluid are safe, several of the chemicals
known to be used in fracturing have carcinogenic and endocrine disrupting properties. Furthermore,
Naturally Occurring Radioactive Materials (NORMs), which occur at high levels in the Marcellus Shale
formation, have been known to leach into the flowback fluid. While a 2004 EPA study concluded that the
hydraulic fracturing poses no threat to groundwater, there has been suspected groundwater contamination
near hydro-fracturing operations in New Mexico, Colorado and Wyoming. In the case of surface and/or
groundwater contamination, remediation of aquifers and wellheads is ineffective and costly. Gas
companies should invest in proper precautionary measures to prevent contamination from occurring,
rather than rely on remediation.
Classes of additives used in fracturing fluid
Figure 5.1 shows potential hydro-fracturing fluid additives (dSGEIS, 2009). Drilling companies are not
required to release information on the chemical makeup of the fluid used to fracturing wells, and rarely do
so voluntarily. The gas industry argues that the chemicals are proprietary secrets and that disclosing them
would diminish competitiveness. The industry also argues that the process is safe and that regulating it
would reduce domestic production. Without information on chemical additives, landowners and
municipalities will not know the risks of water contamination or what chemicals to test for in baseline
tests. The following table is included to serve as an indicator of the classes of additives and types of
chemicals that are used to compose fracturing fluids.
Figure 5.2 shows fracture fluid composition by weight. Though the chemicals added to fracturing water
make up only a small portion of the mass of the mixture, many of these chemicals are harmful at a few
parts per million.
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Figure 5.1: Classes of additives in hydro-fracturing fluid (dSGEIS, 2009). Chemicals in brackets have
not been proposed for use in the State of New York to date, but are used in other states in similar shale
formations.
Additive Type Description of Purpose Examples of Chemicals
Proppant ―Props‖ open fractures and allows gas/fluids to flow
more freely to the well bore
Sand [Sintered bauxite;
zirconium oxide; ceramic
beads]
Acid Cleans up perforation intervals of cement and
drilling mud prior to fracturing fluid injection, and
provides accessible path to formation.
Hydrochloric acid (HCl, 3%
to 28%)
Breaker Reduces the viscosity of the fluid in order to release
proppant into fractures and enhance the recovery of
the fracturing fluid.
Peroxydisulfates
Bactericide/Biocide Inhibits growth of organisms that could produce
gases (particularly hydrogen sulfide) that could
contaminate methane gas. Also prevents the growth
of bacteria which can reduce the ability of the fluid
to carry proppant into the fractures
Gluteraldehyde; 2-Bromo-2-
nitro-1, 2-propanediol
Clay
Stabilizer/Control
Prevents swelling and migration of formation clays
which could block pore spaces thereby reducing
permeability
Salts (e.g., tetramethyl
ammonium chloride)
[Potassium chloride (KCl)]
Corrosion Inhibitor Reduces rust formation on steel tubing, well casings,
tools and tanks (used only in fracturing fluids that
contain acid)
Methanol
Crosslinker The fluid viscosity is increased using phosphate
esters combined with metals. The metals are referred
to as crosslinking agents. The increased fracturing
fluid viscosity allows the fluid to carry more
proppant into the fractures.
Potassium hydroxide
Friction Reducer Allows fracturing fluids to be injected at optimum
rates and pressures by minimizing friction.
Sodium acrylate-acrylamide
copolymer, polyacrylamide
(PAM)
Gelling Agent Increases fracturing fluid viscosity, allowing the fluid
to carry more proppant into the fractures
Guar gum
Iron Control Prevents the precipitation of metal oxides which
could plug off the formation
Citric acid; thiglycolic acid
Scale Inhibitor Prevents the precipitation of carbonates and sulfates
(calcium carbonate, calcium sulfate, barium sulfate)
which could plug off the formation.
Ammonium chloride;
ethylene glycol; polyacrylate
Surfactant Reduces fracturing fluid surface tension thereby
aiding fluid recovery
Methanol; isopropanol
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The composition of the fracturing fluid used may vary from one geologic basin or formation to another in
order to meet the specific needs of each operation; but the range of additive types available for potential
use remains the same. There are a number of different chemical compositions for each additive type;
however, only one product of each type is typically utilized in any given gas well. The selection may be
driven by the formation and potential interactions between additives. Additionally not all additive types
will be utilized in every fracturing job.
Figure 5.2: Proportions of additives in fracturing fluid (dSGEIS, 2009).
Water Testing
Initial Testing for Baseline Water Quality
Having baseline water quality characteristics established for a number of water sources will allow
localities to accurately quantify any change in water quality as a result of drilling or other industrial
development. There are a few ways to collect data for establishment of baseline water quality
information. This section describes locations where water can be tested using private wells. Another
option is the installation of sondes, a type of water quality testing device that continually monitors
numerous water quality parameters.
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Drinking water standards in New York State already establish acceptable concentration levels for various
elements and compounds that affect drinking water quality. For reference, the ―Official Compilation of
Codes, Rules, and Regulations of the State of New York‖ has been included as Appendix B.
Basic parameters
Basic parameters for establishment of baseline water quality, including temperature, specific conductance,
and pH can be measured in the field. Analyses of cations and anions, nitrogen and phosphorus, and
bacteria can be performed at a laboratory. Testing for the following parameters can create a basis for
changes in water quality that could occur as a result of drilling activity.
Temperature
Specific conductance
pH
Tests for cations and anions: sodium, chloride, calcium, sulfate, potassium, etc.
Nitrogen and phosphorus
Explanation of basic parameters
Temperature should be monitored to ensure stream health. Aquatic ecosystems are very sensitive to water
temperature, in addition, temperature affects the solubility of chemicals and elements in water, and rises
in temperature can be indicative of certain types of industrial discharge or other problems.
Specific conductance is a measure of the ability of water to conduct an electrical current, a measure that is
dependent on the amount of dissolved solids, such as salt, in the water. A change in the amount of
dissolved solids can affect the suitability of water for drinking. Water with high levels of dissolved solids
will have a high specific conductance, and can make water unpleasant or unsuitable for drinking. Levels
of dissolved solids can fluctuate seasonally, with changes in steam flow and spring melting. It is important
to measure the specific conductance at multiple times of year to account for natural seasonal changes.
Measure of specific conductance is an indirect way to measure the presence of inorganic dissolved solids
in the water (cations and anions). To determine exactly what types of ions are found (i.e. sodium,
chloride, calcium, sulfate, and potassium) it is necessary to take water samples to a lab for testing.
pH is a measure of how acidic or basic the water is. pH can range from 0-14, with 7 being neutral. Water
with a pH greater than 7 is alkaline, while water with a pH lower than 7 is acidic. Measurement of pH is
an important indicator because pH levels are very sensitive to certain chemicals (U.S. Geological Survey,
2010).
Cation and anion testing is carried out to measure the presence of inorganic dissolved solids in the water
including sodium, chloride, calcium, sulfate, and potassium. Evaluation of water for different types of
cations and anions is a more specific test than conductance.
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Nitrogen and phosphorous are required by organisms for the basic processes of life, but can cause harm at
high levels. High levels of nitrogen and phosphate can cause overstimulation of growth by aquatic plants
(Murphy, 2007).
The basic parameters can vary seasonally and daily depending on the proximity of the aquifer to a surface
water body. Testing at multiple times of the year is necessary to set a baseline for water quality change.
Full range analysis:
In addition to testing for the basic parameters, a full range of analyses of dissolved gases such as methane
and isotopic analyses of different forms of natural gas can be carried out to serve as an indication of
contamination of water sources by chemicals associated with the drilling process. These analyses should
include:
Dissolved gasses (e.g. methane)
Isotopic analyses of different forms of natural gas (methane, pentane, butane, and other isotopes like
deuterium and oxygen-18)
Appendix C is a proposal by the United States Geological Survey (USGS) for a full characterization of
water quality and geochemical baselines for groundwater and surface water, to serve as an example of
what an extensive water quality testing project would test for.
Testing based on chemicals associated with the drilling process
In addition to the basic parameters baseline water quality tests can also measure levels of chemicals
commonly used in the drilling process and chemicals found in geologic formations to be drilled. The
Community Science Institute has divided chemicals into general categories that are listed below
(Penningroth).
Chemicals associated with drilling the well:
Acid
Salts (brine) – used to make drilling fluid more dense
Bulk chemicals (i.e. guar gum, bentonite)– used to thicken drilling mud
Oil and grease from machinery
Chemicals added to fracturing water:
Surfactants - used to make water ―slick‖ so that it flows more freely
Biocides - used to kill microorganisms that can gum up the well hole
Proppants - tiny particles of sand or similar solids used to prop open gas-containing
fissures in shale so gas can diffuse into the well hole
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Diesel fuel - used as a fracturing fluid instead of water (rarely used)
Chemicals that are often released from drilling through rock formations, including the Marcellus Shale:
Metals, including barium, iron, manganese, calcium, arsenic, strontium, lead, cadmium,
chromium, and aluminum.
Naturally occurring radioactive materials (NORMs) including uranium, radium, and
radon.
Methane (a component of natural gas)
Salty water (brine) from underground pockets
Contamination that can result from inadequate cement casing when the well hole is drilled through a
shallow groundwater aquifer:
Chemicals associated with drilling the well hole
Bacteria from surface water that enters the aquifer through the well hole
Testing costs
Costs of groundwater and surface water tests to provide baseline data vary between testing location.
Estimates for tests from the Community Science Institute, in Ithaca NY, testing service have been
included as Appendix D.
List of laboratories available for testing
The following labs are available for testing in the region and have been certified as testing locations by
the Environmental Laboratory Approval Program (ELAP) through the New York State Department of
Health. The categories for which they have been approved for testing are listed below each laboratory
name.
Microbac New York (607-565-2893), located in Waverly, NY
509 Cayuta Ave, Waverly, NY 14892
Approved for the following categories: non potable water, potable water, solid and hazardous waste
Community Science Institute, Inc (607-257-6606), located in Ithaca, NY
95 Brown Road, Ithaca, NY 14850
Approved for the following categories: non potable water, potable water
Environmental Associates LTD (607-272-8902), located in Ithaca, NY
24 Oak Brook Drive, Ithaca, NY 14850
Approved for the following categories: non potable water, potable water
Benchmark Analytics, Inc. (570-888-0169), located in Sayre, PA
2566 Pennsylvania Ave, Sayre, PA 18840
Approved for the following categories: non potable water, potable water, solid and hazardous waste
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Yaws Environmental Laboratory (607-277-7128) located in Ithaca, NY
951 East Shore Drive, Ithaca, NY 14850
Approved for the following categories: non potable water, potable water
Sondes
A sonde is a device used to measure water quality parameters in the field. Sondes can measure numerous
parameters at programmed intervals and digitally store their data (NOAA, 2006).
Sondes are often used to measure temperature, pH, conductivity, turbidity, and dissolved oxygen. In
addition to establishing baseline water quality in preparation for large-scale gas drilling, these parameters
will also reveal the health of the stream ecosystem.
The following is a map of suggested sonde locations. Sonde locations need to have sufficient water flow
so that they can continually operate. To meet this requirement sondes can be located where the drainage
area upstream is 40-60 square miles in size. The gray polygons on the map show the watersheds that will
be bested with this arrangement of sondes ( EPA, 2007).
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Figure 5.3: Suggested Sonde locations in Tioga County (Tioga County GIS)
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Aquifers and Wellhead Sources
Aquifer Attributes: Tioga County
Two types of aquifers are found in Tioga County – unconsolidated aquifers and consolidated (bedrock)
aquifers.
Unconsolidated aquifers are deposits of sand and gravel that occupy major river and stream valleys or
lake plains and terraces. Since these aquifers generally form flat areas that are beneficial for development,
are highly permeable, and are found at a relatively shallow depth, they are particularly susceptible to
contamination from urban and agricultural runoff, as well as point sources such as landfills (USGS,
2010). Unconsolidated aquifers are also referred to as unconfined aquifers, and are in direct contact with
the atmosphere through porous spaces in the overlying sediment.
Consolidated aquifers are geologic bedrock units that are usually found further under the ground than
unconsolidated aquifers. Consolidated aquifers are also referred to as confined aquifers, and are overlaid
by relatively impermeable rock or clay that limits groundwater movement in or out of the consolidated
aquifer (Minnesota DNR, 2010).
Figure 5.4: Unconfined and confined aquifers (Ritter, 2006).
There is significant variability in the depth to water in wells by location, depth, and type of aquifer
(unconsolidated versus bedrock) (W. Kappel, personal communication, February 17, 2010). A good
quality well in a consolidated aquifer may have a neighboring well with very different water quality,
because of differences (1) how the well was drilled, (2) how deep the well was drilled, and/or (2) what
geologic layer the well reached during drilling
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Aquifers of Tioga County
Two primary aquifers have been surveyed by the USGS in Tioga County – the Waverly-Sayre Aquifer
system near Waverly and the valley-fill aquifer in the Town of Owego. The following map shows the
extent of the aquifers assessed by the USGS.
Figure 5.5: Aquifer Systems of Waverly, Owego, and Binghamton (USGS).
Waverly-Sayre Aquifer
The aquifer system in the Waverly-Sayre area spans a 30 square-mile area within the valleys of the
Susquehanna River, Chemung River, and Cayuta Creek, formed from valley-fill glacial deposits
(Reynolds, 2003). The unconfined aquifer ranges from zero to 90 feet and is composed of glacial
deposited rock and soil. Water flows through the aquifer at 50 to 1,300 feet per day, depending on the type
of soil.
Deposits of lake-deposited sand, silt, and clay up to 150 feet thick lie under the unconfined aquifer and
compose a thick confining layer. Below this layer, a thin sand and gravel aquifer sits, with an average
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thickness of 5 feet. This confined aquifer is the water source for many domestic wells in the area
(Reynolds, 2003).
The U.S. Geological Survey evaluated the hydrology of the Waverly-Sayre aquifer area in a report
released in 2003. This report, titled ―Hydrogeology of the Waverly-Sayre area in Tioga and Chemung
Counties, New York and Bradford County, Pennsylvania,‖ is available online at
http://ny.water.usgs.gov/pubs/of/of02284/.
The report also includes maps showing the geology, water table characteristics, and the location of wells
and test holes in Tioga County. This information can be valuable to a municipality interested in
delineating wellhead and aquifer protection areas.
Owego Valley-Fill Aquifer
The valley-fill aquifer system in Owego spans 24 square miles in south-central Tioga County. This system
lies under the Susquehanna River valley, as well as Catatonk Creek, Owego Creek, and Apalachin Creek
valleys. The aquifer is largely gravel, and has a thickness ranging from 10 to 80 feet. Confined aquifers
are interspersed throughout the valley-fill aquifer system (Reynolds, 1990).
The USGS evaluated the hydrology of the valley-fill aquifer area in a report released in 1990. This report,
titled ―Hydrogeology of the valley-fill aquifer at Owego, Tioga County, New York,‖ is available at
http://pubs.er.usgs.gov/usgspubs/wri/wri894000. Access to this publication requires the download of a
plug-in called ―DjVu Browser Plug-in‖ to view the map files, which can be downloaded from this site:
http://pubs.er.usgs.gov/usgspubs/wri/wri894000
As with the information provided for the Waverly-Sayre Aquifer report, the report includes maps can be
valuable to a municipality interesting in delineating wellhead and aquifer protection areas.
Designation of the Clinton Street-Ballpark Aquifer System under the Safe
Drinking Water Act
Sole Source Aquifer Designation
When an aquifer supplies fifty percent or more of the drinking water consumed in the geographic area
that the aquifer serves, the Environmental Protection Agency defines the aquifer as a sole or principle
source aquifer. This mechanism is used to protect drinking water supplies in areas "where there are few or
no alternative sources to the ground water resource and where, if contamination occurred, using an
alternative source would be extremely expensive (EPA, 2009)." The designation protects the groundwater
resource by requiring the EPA to review all proposed projects within the designated area that will receive
federal assistance. All projects that are federally funded must prove that they do not endanger the ground
water source. Under the Safe Drinking Water Act the EPA administrator is able to determine whether an
area has an aquifer that is the sole or principle drinking water source (EPA, 2010).
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Designation of the Clinton Street-Ballpark Aquifer System
In 1981 an ad-hoc committee called Purity of Water petitioned the Administrator to include the Clinton
Street-Ballpark Aquifer System as a sole source aquifer. The area includes the aquifer system in Broome
and Tioga Counties that is "west and south to the Pennsylvania border at Waverly, north of Chenango
Bridge to the Chenango County Line, and south of Kirkwood to the Pennsylvania border‖ (EPA, 2010)."
The area protected under the Clinton Street-Ballpark designation includes the Waverly-Sayre aquifer and
Owego valley-fill aquifer.
Figure 5.6: Designated Sole Source Aquifers in New York and New Jersey (US EPA).
The Clinton Street-Ballpark Aquifer System is susceptible to contamination via multiple mechanisms.
Since the aquifer system is composed of glacial sediments with high permeability, surface contamination
can quickly contaminate the groundwater (EPA, 2010). Because the Susquehanna River recharges the
aquifer, any contaminants in the River can pollute the groundwater.
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The designation of the Clinton Street-Ballpark Aquifer System as a Sole Source Aquifer shows its
importance to the residents of Tioga. Because this resource is vulnerable to contamination, adoption of
ordinances to protect water should be considered.
Model Wellhead Protection Plan
In addition to the federal, state, and local water management structures, wellhead protection plans can
protecting the integrity and quality of water for municipal, commercial, and industrial use. This section
describes reasons for creating a wellhead protection plan, as well as a wellhead ordinance template that
can be adopted into the rules and regulations of a municipality.
The purpose of a wellhead protection plan is to pro-actively protect a community's water supply. There
are many different ways to construct an effective, comprehensive plan, but an important first step in all of
them is to establish what water resources already exist. Underground aquifers, groundwater movement,
and preexisting public wells should be mapped and tested. Land area that contributes water to a well
should be delineated, and threats of contamination should be described. The community will thus be able
to identify the zones that are critical to protecting wells. These areas can be used in the wellhead
ordinance. A detailed description of the steps involved in delineation appears in a document produced by
the Wisconsin Department of Natural Resources titled "A Template for Preparing Wellhead Protection
Plans for Municipal Wells." (This document is highly recommended and can be found at
http://dnr.wi.gov/org/water/dwg/gw/pubs/planning.pdf.)
The next step in developing a comprehensive plan is risk assessment. An inventory of potential
contamination sources will help officials write effective regulations. Sewers, fuel tanks, septic systems,
landfills, and industrial facilities should be mapped and investigated. Anticipated future activities that
could influence water supplies or pose contamination risks should also be taken into consideration. Some
will likely require restrictions, while others may be cause for exception. In the wellhead ordinance that
follows, the section titled "Exceptions" can be adapted in each community's best interests to safely allow
specific enterprises to be sited within the protection zones.
The final step in the process is implementation of the wellhead protection plan. Many different
approaches can be used, and each community can choose its own methods and adapt those that
appropriate after considering its existing resources and potential risks. The Town of Owego adopted a
Wellhead Protection Ordinance in 1999 (Chapter 121, Part 1) with zones delineated by proximity to the
municipal well. Having this legislation in place is an important first step for establishing municipal
oversight for activities within its borders. The language of the Owego ordinance is a good resource,
because it addresses wellhead protection concerns that will be found in communities throughout the
Southern Tier. The ordinance could be improved by adapting its influence zones to actual features of the
aquifer. While the delineation that contributes to the wellhead radial zones of protection offers some
protection, the water that is drawn from a well may not necessarily be coming immediately from those
areas, depending on the geology and hydrologic features that exist underground. For this reason, the
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testing and delineation stages are critical, so that the plan and the ordinance can effectively protect the
areas that have the most influence on water supply.
A slightly different approach to the implementation stage is to create a groundwater protection overlay
zone. There are EPA models for this approach, found at
<http://www.epa.gov/owow/nps/ordinance/mol7.htm>. In the case of Owego, the overlay zone could
supplement the town ordinance and provide more complete coverage of the areas that influence the well
water supply. The template ordinance that follows is a hybrid of the two approaches, integrating aquifer
characteristics and the regulatory framework of the Owego ordinance.
One important section that is not part of an overlay district approach is the permitting process. This
section requires close observation and documentation of the development and use of water resources.
Like much of the document, it was modeled on the existing ordinance in the Town of Owego. The
ordinance can be a starting point for further protections or the elimination of certain sections be desired
by a community, the document is open to change and can be tailored to particular needs. For instance, the
need for exploration and testing to establish protection zones could prove to be very ambitious for some
communities. If an interim plan is needed, they could return to the strategy of delineating zones by radius
around the wellhead. This would allow the ordinance to pass through its adoption process, and then could
be amended or supplement when the aquifer characteristics become available.
Delineation of Protection Zone
Delineating an aquifer zone reveals the land area that directly contributes water to the groundwater
supply. Proper delineation requires an analysis of the groundwater flow system and the performance of a
pump test for multiple wells. In a pump tests large quantities of water are pumped from well and the rate
at which the water level recovers is measured. These tests will show the speed at which stored water rises
to the surface and the rate at which water flows through the soil. Given that performing a pump test in
multiple areas in the county could be costly, the Workshop has used the USGS maps referenced earlier to
approximate an appropriate aquifer protection zone. The USGS maps indicate the approximate extent of
confined and unconfined aquifers in the Waverly-Sayre area and Owego area. The aquifer boundaries
drawn on these maps follow the river valleys that run throughout the county. The following map indicates
the locations of aquifers and river systems that serve as recharge zones for groundwater. It is
recommended the delineation of protection zones follow the pattern of the stream and aquifer lines.
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Figure 5.7: Unconsolidated Aquifers in Tioga County (Tioga GIS).
For the areas of Tioga County that more thorough USGS hydrogeology maps exist (Waverly and Owego),
a more precise delineation could be determined according to the already outlined aquifer zones. These
USGS maps can be viewed at the following sites:
Owego valley fill aquifer map: http://pubs.er.usgs.gov/usgspubs/wri/wri894000
Waverly-Sayre aquifer map: http://ny.water.usgs.gov/pubs/of/of02284/
Model Wellhead Protection Ordinance
Title.
This chapter shall be known as the ―Wellhead Protection Ordinance of [municipality].‖
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Purpose.
This ordinance is enacted for the purpose of promoting the health, safety and general welfare of
[municipality] by protecting any municipal water supply dedicated for present or future public
beneficial use for domestic, commercial, and industrial purposes.
Application.
The regulations specified in this Wellhead Protection Ordinance shall apply to the incorporated
areas of [municipality] that lie within the wellhead protection zones described herein. These
regulations adhere to the standards of quality as defined in NYCRR Title 10, Chapter III.
Definitions.
ABANDONED TANKS. In the event that a gasoline or service station is not used for a period of
three months, wherein there is no continuous business operation for at least for continuous weeks
in said three-month period, as measured from the first day of nonuse, then the facility’s storage
tanks shall be considered abandoned.
AQUIFER. A geological formation, group of formations or part of a formation composed of rock,
sand or gravel capable of storing and yielding groundwater to wells and springs.
CHLORIDE SALT. The solid compounds or solutions of potassium chloride, calcium chloride, or
sodium chloride.
CONTAINMENT SYSTEM. A structure having an impervious surface (concrete, asphalt,
membrane, etc.) surrounded by curbs, gutters, dikes, etc. The purpose is to prevent any flow from
leaving a defined area.
CONTAMINATION. An impairment of water quality by chemicals, radionuclides, biologic
organisms, or other extraneous matter whether or not it affects the potential or intended beneficial
use of water.
DISCHARGE. To release by any means to the surface waters, groundwaters, surface of the
ground, below ground, the air and living resources. Discharge includes, but is not limited to, any
spilling leading, pumping, pouring, emitting, emptying or dumping.
GROUNDWATER. Water within an aquifer.
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HERBICIDE. Any substance used to destroy or inhibit plant growth.
HUMAN EXCRETA. Human feces and urine.
IMPERVIOUS. A layer of natural and/or man-made material that will prevent the discharge of
toxic or hazardous materials for a period of at least as long as the maximum anticipated time
during which the toxic of hazardous substance will be in contact with the material.
MODIFICATION. Any change in a storage facility that would result in a ten-percent or more
increase in the maximum stored volume specified on the operational permit application; or any
change in containment system(s), storage tanks(s), and related piping other than routine
maintenance.
PERSON. Any individual, firm, company, association, society, corporation, or group.
PESTICIDE. Any substance used to destroy or inhibit pests such as rodents and insects.
POLLUTANT. Dredge, spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge,
chemical waste, biological materials, radioactive materials, heat, wrecked, discarded equipment,
rock, sand, cellar dirt, and industrial, municipal, or agricultural waste.
RADIOACTIVE MATERIAL. Any material in any form that emits radiation spontaneously.
―Radiation‖ shall mean ionizing radiation, that is, any alpha particle, beta particle, gamma ray, X
ray, neutron, high-speed proton and any other atomic particle producing ionization but shall not
mean any sound or radio wave or visible, infrared or ultraviolet light.
REFUSE. All putrescible or nonputrescible solid wastes including garbage, sludge, manure,
rubbish, ashes, incinerator residue, street cleaning, dead animals, offal or solid commercial
industrial wastes.
SEPTAGE. The content of a septic tank, cesspool or other individual sewage treatment facility
that receives domestic sewage wastes.
SEWAGE. A combination of water-carried wastes from residences, business buildings, institutions
and industrial establishments, together with such ground-, surface and stormwaters as may be
present.
SEWAGE SLUDGE. The accumulated semisolids or solids resulting from treatment of
wastewater from publicly or privately owned or operated sewage treatment plants.
SOURCE OF WATER SUPPLY. Source of water supply means any ground water, aquifer, surface
water body or water course from which by any means water is regularly
taken either periodically or continuously for drinking, culinary or food processing purposes or
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which has been classified for present or future public beneficial use as a source for domestic or
municipal purposes.
STORAGE FACILITY. All contiguous land and structures and other appurtenances and
improvements on the land used for the storage of toxic or hazardous materials. A storage facility
may consist of several different storage operational units.
STORAGE TANK. Any stationary device used or designed to be used to contain an accumulation
of toxic or hazardous materials, i.e., wood, concrete, steel or plastic, and which provides structural
support.
TOXIC OR HAZARDOUS MATERIAL. Any substance, solution or mixture as state in Part 116
of Title 40 of the Code of Federal Regulations and subsequent amendments thereof, which,
because of its quality, concentration or physical, chemical or infectious characteristics, may
present a potential hazard to human health, drinking water or food supply quality of discharge to
the land, air or water.
TIME-OF-TRAVEL DISTANCE. The distance that groundwater will travel in a specified time.
This distance is generally a function of the permeability and slope of the aquifer.
UNDERGROUND INJECTION WELL. Any Class V injection well as defined and classified
under 40 CFR 144.3, which allows for the injection of fluids into the ground.
WATER SUPPLY. The public water supply of [municipality].
ZONES OF PROTECTION.
A. ZONE 1 – CRITICAL IMPACT ZONE. Zone 1 is defined as the area within the 6-month time-
of travel distance of any source of water supply.
B. ZONE 2 – POTENTIAL IMPACT ZONE. The area which encompasses all areas or features
that, by surface infiltration of water that reaches an aquifer, supply groundwater to a well.
Prohibitions.
A. Cemeteries. No interment of a human body shall be made within Zone 1.
B. Chloride salt. No chloride salt shall be stored within Zone 2 in excess of 50 pounds, except in a
weatherproof building with an impervious floor or an aboveground, watertight vessel with a one-
hundred-percent product-tight containment system, and by permit only. Household use is exempt.
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C. Herbicides and pesticides. No pesticides or herbicides shall be stored underground or
aboveground within Zone 2 except for above ground, product-tight containers for household use
and retail sales, provided that they are stored in a weatherproof building. No pesticides or
herbicides shall be discharged within Zone 1 except for household aerial discharge.
D. Human excreta and sewage. No privy, privy vault, pit, or other receptacle of any kind for either
the temporary storage or permanent deposit of human excreta or sewage shall be constructed,
located, placed or maintained within Zone 1. No sewage or polluted liquid of any kind shall be
discharged or allowed to flow on or beneath the surface of the ground within Zone 1 except in
watertight pipes connected to a sewage treatment plant for which a permit has been granted by the
appropriate state agency having jurisdiction over such facility. No such watertight pipe shall be
located within a twenty-five-foot linear distance of the wells. Exception to the above shall be
made for existing residential septic systems, and municipal temporary storage vaults serving
recreation facility toilets, where no sanitary sewers are available, provided that these facilities are
not within 100 feet of the wellhead. Properties within Zone 1 that do not have a sanitary sewer
available and are operating with a septic system shall be given priority for construction of sanitary
sewers when declared a health hazard by the Tioga County Health Department.
E. Radioactive material. No radioactive material shall be disposed of by burial in soil within Zone
2
F. Sewage sludge or septage. No sewage sludge or septage shall be disposed of in any manner,
including landspreading of treated sludge or septage, within Zone 2.
G. Solid waste. No junkyard refuse, refuse disposal area, or recycling site shall be located within
Zone
H. Toxic chemicals
1. No new containers used for the storage of gasoline, kerosene, fuel oil, diesel oil or toxic
chemicals, nor these materials themselves, shall be buried beneath the surface of the ground
within Zone 2 effective immediately, except:
Fuel oil tanks 550 gallons or less which are used for heating purposes only.
New containers which are being installed to replace preexisting underground storage containers in
order to comply with New York State Department of Environmental Conservation (NYSDEC)
and United States Environmental Protection Agency (USEPA) regulations.
2. No person shall store above the ground more than 550 gallons of gasoline, kerosene, fuel oil,
diesel oil or toxic chemicals within Zone 2 effective immediately.
3. All preexisting and new toxic underground storage tanks and aboveground containment systems
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within Zone 2 shall meet and comply with all current NYSDEC and USEPA regulations.
4. Any leaks found in storage tanks and aboveground containment systems will constitute a
violation of this Ordinance.
5. In the event that tanks are abandoned in accordance with the definition of ―abandoned tanks‖
herein, the owner and/or lessee of such gasoline or service station will immediately remove the
tanks and gasoline pumps from the site of the same. In lieu of removing the tanks, said owner
and/or lessee shall remove the gasoline therefrom and fill all tanks with water or solid materials.
I. Underground injection wells. 40 CFR 144.12(a) states that no owner or operator shall conduct
any injection activity in a manner that allows the movement of any contaminant into underground
sources of drinking water, if the presence of that contaminant may cause a violation of any
primary drinking water regulation under 40 CFR Part 142 or may otherwise adversely affect the
health of persons. All existing underground injection wells within Zone 2 shall be closed under a
USEPA-approved closure plan, or obtain a federal underground injection control (UIC) permit
within 180 days of the adoption of this Part 1. No new underground injection wells shall be
allowed within Zone 3 without a federal UIC permit.
Exceptions.
Towns/villages may use this section to provide exceptions to the above prohibitions for
preexisting or expected needs.
Permits.
A. Application. Any person seeking a special use permit or site plan approval from [municipal or
planning/zoning board] for sites within zone 2 which are also in general business, industrial or
highway interchange districts must obtain a wellhead protection permit from the Town Board as a
prerequisite for applying for site plan approval or a special use permit.
B. Municipal Board Review.
1. The wellhead protection permit application shall be reviewed by the Municipal Board of
[municipality], who shall determine compliance with the provisions of this Ordinance.
2. In the event that the Municipal Board denies a wellhead protection permit, it shall state the
specific reasons for denial on the record.
3. The Municipal Board may grant a wellhead protection permit with or without conditions. Such
conditions may include requirements for special construction, professional construction and
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inspection and/or certification, ongoing inspection, monitoring, reporting requirements, bond
posting and such other or further conditions as the Municipal Board deems reasonable or
appropriate to assure compliance with this Ordinance.
4. To assist the Municipal Board in its review, the Municipal Board may require the preparation
of a hydrogeological study or any other scientific or engineering study, the expense of which shall
be borne by the applicant.
C. Appeals. Any person or persons, jointly or severally aggrieved by any decision of the Owego
Municipal Board, may apply to the Supreme Court for review by a proceeding under Article 78 of
the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after the
filing of a decision in the office of the Municipal Clerk.
Enforcement.
A. Inspection. All authorized employees of the United States Environmental Protection Agency
(USEPA), New York State Department of Environmental Conservation (NYSDEC), New York
State Department of Health, Tioga County Health Department, and authorized employees of
[municipality] bearing proper credentials and identification shall be permitted to enter all
properties for the purpose of inspection, observation, measurement, sampling and testing.
B. Reporting. It shall be the duty of [municipal official] to deliver copies of any provisions in this
ordinance to any person in violation of the same. The aforesaid officer shall report to the Tioga
County Health Department and State Commissioner of Health of any violations of this ordinance,
as well as an annual written report of the results of inspections the previous year.
C. Notice of violation. The aforesaid official shall give written notice to the owner, occupant,
and/or leaseholder of the violating property. Such notice shall direct the recipient to correct the
stated problem within 48 hours of notification.
D. Cleanup costs. If the owner, occupant, and/or contractor fails to correct the stated problem
within 48 hours of notification, the [municipality] or its authorized agent may enter upon the
premises and correct the stated problem at the expense of the owner.
E. Penalties for offenses. Any person who fails to comply with the provisions of this Wellhead
Protection Ordinance shall be subject to a fine not exceeding $ or imprisonment for not more than
# days, or both for each violation. The continued violation of any provision of any section of these
regulations shall constitute a separate offense for each and every day such violation of any
provision hereof shall continue. Failure to comply with this Ordinance shall be cause for
revocation of the wellhead protection permit by the Municipal Board.
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F. Legal authority. The Municipal Board may maintain an action or proceeding in the name of the
municipality in a court of competent jurisdiction to compel compliance with or to restrain by
injunction the violation of this ordinance.
Liability.
Nothing in this ordinance shall be construed to imply that the [municipality] has accepted any of
an owner/developer's liability if a permitted facility or use contaminates groundwater in any
aquifer.
Best Management Practices
There is no official mechanism at the municipal level to force gas companies to abide by these
management practices; however they represent points to be aware of when negotiating or engaging in
dialogue with gas companies or other industry members.
Oil and gas industries work in conjunction with the Bureau of Land Management to develop a list of Best
Management Practices (BMPs), which serve to limit the environmental impacts of drilling activities. A
comprehensive discussion of industry BMPs can be found in the Gold Book, a resource developed to
assist operators by providing information on the requirements for obtaining permit approval and
conducting environmentally responsible oil and gas operations on Federal lands and on private surface
over Federal minerals. These BMPs include:
To prevent contamination of ground water and soils or to conserve water, it is recommended that
operators use a closed-loop drilling system or line reserve pits with an impermeable liner,
particularly when it is anticipated that pits will contain moderate or high levels of hydrocarbons
and chloride, or the pits are located in areas of shallow groundwater or porous soils over fractured
bedrock aquifers.
Reserve pits should normally be located entirely in cut material, and should not be constructed in
areas of shallow groundwater or in natural watercourses.
Reserve pits should be lined with an impermeable layer to prevent contamination of groundwater
and/or to conserve water. Impermeable liners should have a permeability of less than 10-7cm/sec.
Operators should install leak detection systems to monitor reserve pits.
Reserve pits should be appropriately fenced to prevent access by persons, wildlife, or livestock.
Apply closed mud system to alleviate water accumulation in pits.
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Chapter 6: Roads
R
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Chapter 6: Roads
Introduction
The purpose of this chapter is to provide an overview of road impacts caused by increases in traffic and
vehicle weight and offer recommendations and examples of preventative and remedial actions. This
chapter is intended to be a resource primarily for Town Boards and Highway Superintendents, as well as
the layperson. Included in this chapter are details on completing a road assessment, identifying/itemizing
deteriorating infrastructure, adopting a road use agreement, adopting a road protection ordinance, posting
and bonding roads, and adopting an industrial driveway permitting system. All of these tools can help
municipalities be proactive against heavy road use that can lead to infrastructure deterioration.
Included in this chapter:
Impacts of Natural Gas Development on Roads
Recommendations and Examples of Road Policies
Road Assessments
Ordinances
Model Road Protection Ordinance
Model Driveway Permit/Ordinance
Model Road Use Agreement
Impacts of Natural Gas Development on Roads
Road stress and damage begins during the pre drilling phase of natural gas development, significantly
increases during the drilling phase, drops during the production phase, and increases slightly during the
final reclamation of the well pad. Exact traffic counts are directly related to the number of natural gas
wells drilled and are therefore very difficult to predict without solid estimates on expected activity
permits. The Draft Supplemental Generic Environmental Impact Statement (dSGEIS) estimates truck trips
in the range of 890-1,350 per well (dSGEIS, 2009), with another 549 tanker truck trips when wells are re-
fractured to stimulate production. The dSGEIS offers the following table breaking down trucking activity
associated with drilling:
Drilling Rig Mobilization, Site Preparation and Demolition
Drill Pad and Road Construction Equipment 10 – 45 Truckloads
Drilling Rig 30 Truckloads
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Drilling Fluid and Materials 25 – 50 Truckloads
Drilling Equipment (casing, drill pipe, etc.) 25 – 50 Truckloads
Completion Rig Mobilization and Demobilization
Completion Rig 15 Truckloads
Well Completion
Completion Fluid Materials 10 – 20 Truckloads
Completion Equipment (pipe, wellhead) 5 Truckloads
Hydraulic Facture Equipment (pump trucks, tanks) 150 – 200 Truckloads
Hydraulic Fracture Water 400 – 600 Tanker Trucks
Hydraulic Fracture Sand 20 – 25 Trucks
Flow Back Water Removal 200 – 300 Truckloads
Well Production
Production Equipment 5 – 10 Truckloads
Figure 6.1: Truckloads of equipment required for well pad activities (dSGEIS, 2009, p. 6-113).
Town roads vary in strength, but a study showed that on average town roads are able to handle 92,000
Equivalent Single Axle Load over the life of the road (Orr, 2009). Equivalent Single Axle Load is a
standardized measure that represents the impact of an axle loaded with 9 tons. David Orr, Senior
Extension Associate of the Cornell Local Roads Program, reported that town roads are be depleted by 2%
for every 1,000 trucks passing over a road (Orr, 2009). Despite the rigor that went into these calculations
these numbers should be seen as rough estimates. Road strength will vary with the conditions of each
road. All of this activity will necessitate increased spending on road maintenance, infrastructure repair and
replacement, and road assessments.
Increased traffic (particularly of tractor trailers) will also deteriorate air quality. Smog-producing
particulate matter, ozone, carbon dioxide, and volatile organic compounds from diesel engine exhaust all
pose health hazards which can increase in intensity as truck traffic increases (Armendariz and Alvarez,
2009). The rate at which air pollution increases is influenced by the region's climate, terrain, and duration
of natural gas development (Armendariz and Alvarez, 2009).
Lastly, vehicle accident and pedestrian safety issues increase with the number of vehicles on the road.
This is of particular concern where and when natural-gas-associated traffic flows are at their highest. This
becomes especially important near school zones, farming operations, and areas with poor signage and
lack of enforcement.
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Though this is not an exhaustive list of concerns regarding road impacts, road deterioration, air quality
deterioration, and traffic safety will be among the most serious concerns municipalities will face.
Potential Road Policies
David Orr summarized preventative actions for road damage as: issuing road access permits (including
fees), posting weight restrictions, assessing taxes, designing roads to handle loads, and evaluating existing
roads (Orr, 2009). Though municipalities should examine weight restrictions, tax assessment, and road
design, this chapter focuses mainly on road protection ordinances, road use agreements, and industrial
driveway permits. This chapter includes samples of these three methods that municipalities can use to
formulate their own regulations and agreements. There are benefits and opportunities with each
alternative. Municipalities will have to make decisions based on local politics, existing regulations,
accepted procedures, and what will be most effective in the short-term and long-term.
Though municipalities have no legal power to directly regulate the natural gas industry, Title 8 of NYS
Vehicle and Traffic Laws (Sections 1640-1664) provides a means for municipalities to protect themselves
from the increased costs of road repairs.
Further, designating haul routes (pursuant to New York State Vehicle and Traffic Law, Title 8, Article 39,
Section 1640.10) for the user is a common practice that can help localize road damage impacts as well as
noise and safety concerns. This may be of particular importance around sensitive areas (e.g. schools).
Road Assessments
Initially, a road assessment will provide a baseline that can allow municipalities to track changes in road
wear over time. These assessments are also necessary components of any road use agreement or road
protection ordinance because they determine liability for road maintenance costs. A representative of
Talisman Energy indicated that standard visual assessments could be done in conjunction with an industry
representative as part of a voluntary road use agreement (Brad Gill, interview).
There are two types of assessments: structural and visual. Structural assessments are labor, resource, and
technology intensive. They can be done by private engineering consultants at a cost, and provide a legally
defensible baseline against which future assessments can be measured. A countywide assessment may be
cheaper than town-by-town assessments. Delta Engineers of Endicott, NY provides assessments in
addition to ordinance and road use agreement drafting services.
Visual assessments are quick and much less expensive than structural assessments, though their legal
defensibility is uncertain. The Cornell Local Roads Program can provide technical information and visual
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assessment training for highway municipal officials (http://www.clrp.cornell.edu/). The Cornell Local
Roads Program will not perform municipal road assessments itself (David Orr, interview). For more
information contact Lynne Irwin, P.E. by email at [email protected]; or by phone at (607) 255-8033.
All assessments should be accompanied by a schedule of costs associated with road use maintenance and
construction (Messmer, 2010).
Ordinances
The road use agreement and regulations detailed in this and the following sections have come from a
regional analysis of communities in Pennsylvania and New York. All ordinances and road use agreements
were compiled from multiple sources or taken in their entirety. They are intended to be used as-is, or
taken piecemeal to construct an ordinance that fits the needs of each municipality.
There are direct and indirect benefits to adopting ordinances over using voluntary regulation programs.
Ordinances provide a standard throughout the municipality, allow for integration of other statutory
obligations (e.g. professional design and construction and specifications requirements). They establish
―fees for service‖ to minimize any general fund obligation to pay for services required by ordinance.
Ordinances ensure that standards and services are consistent with state and federal partnerships involving
local grants and loans. They reduce substandard construction/ infrastructure. Ordinances also reduce the
formal differences between municipalities and energy industries by requiring direct communication and
information sharing. Finally, ordinances protect the interests of local municipalities by ensuring sound
infrastructure investments.
Following are examples of ordinances designed to protect municipalities and provide standards of
construction for roads and driveways. The driveway ordinance intentionally omits diagrams, leaving
local, county, or state highway departments to supply these technical construction details.
Model Road Protection and Driveway Ordinances
Schoharie County Senior Planner Lillian Bruno compiled this ordinance from Local Law No.3 of 2009 of
Broome County and the ―Model‖ Road Damage Prevention Law of Chenango County. The ordinances
can be used as a template for developing a new road protection ordinance, amending an existing one, or as
a basis for comparison with other ordinances. Another model road protection ordinance can be found in
Appendix E.
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MODEL ROAD PROTECTION LAW
MUNICIPALITY OF _________________ ROAD PROTECTION LAW
Be it hereby enacted by the Municipal Board of the _______________________, Tioga County, New York,
as follows:
1. TITLE
This local law may be cited as the ―_____________________ Road Protection Law.‖
2. PURPOSE
The purpose of this local law is to maintain the safety and general welfare of municipal residents by
regulating high impact commercial activities that have the potential to adversely impact roads and property.
Well-maintained roads are important to the economic well being of the municipality. Construction,
maintenance, and operation of high impact commercial endeavors (e.g. timber harvesting, mining, natural
gas drilling, wind energy facilities and telecommunication facilities) can be economically beneficial. This
Law is not intended to regulate such endeavors, but the intent is to protect the Municipal roads and property
from damage from such endeavors that typically require use of heavy equipment with heavy loads.
3. AUTHORITY
The Municipal Board of the ________________________ enacts this local law under the authority granted
by Section 10 of the New York State Municipal Home Rule law, the New York State Town/Village Law and
Title 8 of New York State Vehicle and Traffic Laws, Sections 1640-1660.
4. APPLICABILITY
The _____________________ Municipal Board delegates to the ______________________ Highway
Superintendent (herein called ―Highway Superintendent‖) the oversight of assuring commercial activities
do not have an adverse impact on public roads and property.
5. DEFINITIONS
1. Bond: A commercial bond to ensure that the condition of the municipal roads and/or property impacted
by high frequency, high impact truck traffic is left in a good or better condition at the completion of the
project as they were at the start of the project.
2. Escrow: Money put into the custody of a third party for delivery to a grantee only after the fulfillment of
the conditions specified.
3. Final Bond Release: Final release of the bond by the _____________________________Municipal
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Board.
4. High Frequency Truck Traffic: Traffic to and from a project site that generates more than ten truck trips
per day for more than three consecutive days, involving trucks that exceed 20 tons (truck and load
combined) that could impact municipal roads and/or property. (Not including the operation of year round,
permanent facilities such as commercial quarries)
5. High Impact Truck Traffic: Other truck traffic of considerable weight (e.g. total weight exceeding 30
tons) and/or size (e.g. trucks requiring escort vehicles) as determined by the Highway Superintendent that
could impact Municipal roads and/or property. Any seismic testing by Vibrasise trucks (commonly known
as ―thumper trucks‖) is considered high impact truck traffic.
6. Permittee: Shall mean and include the holder of a ―Road Use Agreement Permit‖, its contractors, sub
contractors, employees and agents, issued pursuant to this Local Law.
7. Preliminary Bond Release: A bond release given by the Highway Superintendent based on satisfactory
road conditions at project completion.
8. Project Site: An area where construction work is performed on a short-term basis (i.e. not including year
round, permanent business such as commercial quarries). Construction work includes any of the following:
(a) excavation, including the removal of soil or gravel for off-site use or excavation or filling of trenches,
ditches, shafts, wells, tunnels and pier holes, and the use of caissons and cofferdams,
(b) building, including the construction (including the manufacturing of prefabricated elements of a
building at the place of work concerned), alteration, renovation, repair, maintenance and demolition of all
types of buildings,
(c) civil engineering, including the construction, structural alteration, repair, maintenance and demolition
of, for example, airports, dams, river and landslide defense works, roads and highways, railways, bridges
and tunnels, viaducts, and works related to the provision of services such as communications, drainage,
sewerage, water and energy supplies.
9. Property: Shall mean and include any real property (including any improvements therein, thereon or
there under) or personal property owned by, or leased to, in the municipality of
______________________________________.
10. Road: Shall mean and include any highway, road, street, avenue, boulevard, parkway, shoulder, guard
rail, concourse, driveway, easement, right-of-way, bridge, culvert, sluice pipe, ditch, dock, tunnel, sidewalk
or any utilizes or improvements therein, thereon, or there under.
11. Road Use Agreement Law Worksheet (Appendix A): Worksheet to be completed by potential Permittee,
summarizing the project, project location, start and completion dates, expected maximum gross vehicle
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weight used for the project, proposed truck routes, and any other items that the Highway Superintendent
deems necessary.
6. PERMIT ISSUING AUTHORITY
1. The Highway Superintendent is hereby designated as the authority to receive and approve applications
for a Road Use Agreement Permit to use, park, operate, transport, or move High Frequency Truck Traffic
and/or High Impact Truck Traffic, as defined above, on, over or across a designated municipal road or other
municipal property. The Highway Superintendent must submit a copy of the Road Use Agreement Permit to
the __________________________ municipal Code Enforcement Officer (herein called ―Code
Enforcement Officer‖).
2. The Highway Superintendent is hereby authorized to consult with others (i.e. County Department of
Public Works) and/or hire, in compliance with municipal local laws and procurement policies, any
engineer, consultant and/or expert which the Highway Superintendent deems necessary to assist in
reviewing and evaluating any application hereunder for a Road Use Agreement Permit.
7. APPLICATION AND ROAD USE AGREEMENT PERMIT REQUIREMENTS
1. The Highway Superintendent is hereby authorized to promulgate:
(i) an application form requesting the issuance of a Road Use Agreement Permit, said application shall
require the person requesting the permit to provide at time of initial application and continuing thereafter a
proposed road map that the High Frequency Truck Traffic and/or High Impact Truck Traffic will travel on,
a video or photographic documentation demonstrating the condition of the proposed road and/or property
described in the permit, and any other documents, maps, sketches, and plans which the Highway
Superintendent may require;
(ii) money in escrow, a highway permit bond, maintenance bond, or comparable blanket bond and the
amount shall be determined by the municipal board and will be listed on the fee schedule on file with the
_______________municipal clerk. The amount of the bond or money in escrow may be changed by the
Municipal Board by Resolution; ( iii) a completed Road Use Agreement Law (RUAL) Worksheet
(Attachment A), available from the municipal Clerk or Highway Superintendent. All materials must be
submitted to the Highway Superintendent.
2. The Highway Superintendent will decide if the scope of work is such that a Bond or money in escrow is
required. If no Bond or money in escrow is needed, the RUAL worksheet is approved by the Highway
Superintendent and becomes the Work Permit.
3. Upon issuance of the Work Permit and prior to commencement of the work, the Permittee will arrange
for video or photographic documentation of condition of the roads, shoulders, and all structures (culverts,
bridges, etc.) that will be traversed by the permitted traffic. The video or photographic documentation will
also occur monthly and within two weeks of the conclusion of the permitted work. All video or
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photographic documentation will be submitted to the Highway Superintendent within one week of
recording. Failure to submit the required video or photographic documentation will result in immediate
revocation of the Work Permit.
8. HIGHWAY PERMIT BOND/MAINTENANCE BOND/ESCROW ACCOUNT
1. If the Highway Superintendent determines that a Bond is required, the Bond must be paid to the
_____________________ and remitted to the Town Supervisor/Village Mayor. At such time, if ever, that
said highway permit bond, maintenance bond, comparable blanket bond is expended, the Permittee shall
replace the same within 5 days of the receipt of written notice from the municipality, failing which the
Road Use Agreement Permit shall be subject to revocation. The Worksheet will then be approved by the
Highway Superintendent and becomes the Work Permit.
2. If the Highway Superintendent determines that a source of funds is needed to promptly reimburse the
municipality for any reasonable costs and expenses incurred by the Municipality in processing an
application for a Road Use Agreement Permit and/or seeking reimbursement for damages, injuries,
discharges or spills involving municipal roads or other municipal property, the applicant for a Road Use
Agreement Permit may be required by the Highway Superintendent to file with the municipal clerk of the
municipality of ____________________ an initial cash deposit in the sum of $___________________.
3. As used in this section, the term ―costs and expenses‖ shall be determined to include the reasonable fees
charged by engineers consultants and/or experts hired in accordance with the provisions of §VI of this law;
reasonable administrative costs and expenses incurred by the Municipality in connection with the
permitting process and the repair, restoration and preservation of Municipal Roads and Other Municipal
Property; and reasonable legal fees, accountants fees, engineers fees, costs, expenses, disbursements, expert
witness fees and other sums expended by the municipality in pursuing any rights, remedies or claims to
which the municipality may be entitled under this Local Law or under applicable provisions of law, as
against any Permittee, any person who has violated this Local Law, any insurance company, any bonding
company, any issuer of a letter of credit, and/ or any United States or State of New York agency, board,
department, bureau, commission or official.
4. These funds may be required to accompany the filing of the application, and the municipality shall
maintain a separate escrow account of all such funds.
5. The municipality is hereby authorized to withdraw funds from said escrow account (without prior notice
to or consent from the Permittee) in order to promptly reimburse the Municipality for any costs and
expenses (as defined herein)
6. Immediately following any such withdrawals, the municipality shall give written notice to the Permittee
detailing such withdrawals and the reasons therefore.
7. If, at any time during the period when the Road Use Agreement Permit is in effect, this escrow account
has a balance less than $______________, the Permittee shall immediately, upon notification from the
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municipality, replenish said escrow account so that it has a balance of at least $_______________.
8. In the event that there is any balance remaining in the escrow account as of the date that the Highway
Superintendent determines the Road Use Agreement Permit has expired and further determines that no
damages or injuries have been caused to any municipal road or other municipal property for which the
municipality has not been fully reimbursed, the municipality shall pay to the Permittee the balance
remaining in the escrow account.
9. Upon completion of the project, the Permittee will apply to the Highway Superintendent for a
Preliminary Bond Release. Upon inspection of the work site, as necessary, the Highway Superintendent
may approve the release of the Bond. If the release is not approved, the Superintendent will specifically
document the tasks that must be accomplished in order for the Bond to be released. In this case the
Permittee will remedy the specified problem(s) items and then reapply for a Bond Release. Final Bond
release must be approved by the Municipal Board for repayment of the Bond funds.
9. STOP WORK ORDERS:
The Highway Superintendent and the Code Enforcement Officer shall each have the right and authority to
issue stop work orders to those operating violations of the terms of the Road Use Agreement Permit, in
violation of this Local Law, in violation of applicable provisions of law, or in violation of any conditions or
requirements set forth in any permit issued by the New York State Department of Environmental
Conservation; or contrary to the conditions upon which its Road Use Agreement Permit was issued.
10. REVOCATION OF ROAD USE AGREEMENT PERMIT
Upon violation of any provisions of the Road Use Agreement Permit, or violation of any provisions of this
Local Law, the Highway Superintendent may suspend any such permit until there is remedy of the violation
in the allocated time period set by the Highway Superintendent. A public hearing may be scheduled by the
municipal clerk of _____________________at which the Permittee shall have the right to appear and be
heard. The Highway Superintendent may permanently revoke any Road Use Agreement Permit on written
notice to the Permittee.
11. OTHER SPECIAL CONDITIONS
1. In no event shall vehicles or equipment be parked or located outside the roadway boundaries or block
access to neighboring landowners.
2. Traffic will be maintained in accordance with the Uniform Traffic Control Manual.
3. The Permittee shall supply proof of insurance co-naming the ____________________________ within a
minimum of $3 million [suggested amount] liability insurance coverage. The municipality shall be notified
30 days prior by the insurance company of determination of such coverage.
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4. The Permittee shall be responsible for any and all repairs of damages caused by their operation to any
Municipal property.
5. This Law applies to the entire duration of any project that induces High Frequency Truck traffic and/or
High Impact Truck Traffic, as defined above.
6. The Road Use Agreement Permit shall not be assigned, conveyed, pledged or transferred without the
express prior written consent of the Highway Superintendent.
7. The Highway Superintendent shall be given one week’s written notice in advance by said Permittee of
the date when the permittee intends to begin the activity authorized by the Road Use Agreement Permit,
and shall be given prompt written notice of its completion.
8. The Road Use Agreement Permit shall not authorize the holder thereof to exceed the maximum gross
weight limit authorized for crossing any bridge. The Highway Superintendent shall have the authority to
reasonably alter the proposed roads and other property set forth in the application before a permit is issued
or after a permit is issued.
9. The ___________________________ makes no warranties or representations as to the conditions or
fitness of any road or other property; or their fitness for any intended use; or the municipality’s rights, titles
or interests therein or thereto.
10. If any of these conditions are not met, the permit is automatically voided and all work shall cease.
12. FEE
A non-refundable processing fee as depicted in the ___________________________ Fee Schedule,
payable to the ___________________________, must accompany each Worksheet submitted to the
Highway Superintendent.
13. REQUEST FOR A WAIVER
Request for a waiver from the standards set forth in this Local Law shall be made to the
______________________Municipal Board in writing and shall; contain the grounds on which the
appellant relies for requesting the waiver, including all allegations on any facts on which the appellant will
rely. Where the ________________Municipal Board finds that due to special circumstances of the
particular case a waiver of certain requirements as stated in Section IV is justified, then a waiver may be
granted. No waiver shall be granted, however, unless the Municipal Board finds and records in its minutes
that:
(a) granting the waiver would be keeping the intent and spirit of this Local Law and is in the best interests
of the community;
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(b) there are special circumstances involved in the particular case;
(c) denying the waiver would result in undue hardship to the applicant, provided that such hardship has not
been self-imposed;
(d) the waiver is the minimum necessary to accomplish the purpose.
14. INVALID SEGMENT
In any part or provision of this Local Law or the application thereof to any person or circumstances be
adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to
the part or provision or application directly involved in the controversy in which such judgment shall have
been rendered and shall not affect or impair the validity of the remainder of this Local Law or the
application thereof to other persons or circumstances, and the municipality of ____________ hereby
declares that it would have passed this Local Law or the remainder thereof had such invalid application or
invalid provision.
15. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing in the office of the New York State Secretary of
the State in accordance with the provisions of Section 27 of the Municipal Home Rule Law of the State of
New York.
ATTACHMENT A
ROAD PRESERVATION LAW WORKSHEET
1. Hauler/Project Sponsor: _____________________________________________
Address: _________________________________________________________
Phone: ___________________________Email:___________________________
2. Work description (i.e. logging, telecommunications facility construction, gravel mining, natural gas
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drilling, wind energy facility construction, etc.):
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
3. Work Location: ____________________________________________________
4. Proposed Truck Routes (includes miles to be traveled on each road):
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
5. Landowner: ______________________________________
Address: ______________________________________
Phone: ______________________________________
Email: ______________________________________
6: Start Date: ________________________
Completion Date: ________________________
Expect maximum gross vehicle weight: _________________________
Maximum truck trips per day: _________________________
7. Bond Amount ______________ Date Paid: _____________
Approval Date: ______________
8. Preliminary Bond Release Application Date: __________________
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9. Deficiencies to be repaired: __________________________________________
__________________________________________
__________________________________________
__________________________________________
10. Final Bond Release Application Date: ______________________
11. Final Bond Release: ________________ Date: _____________
______________________________Town Supervisor/Village `Mayor Signature
ATTACHMENT B
FEE SCHEDULE
Road Type Dirt /
Gravel
Chip Seal
(gravel with
tar)
Asphalt w/ base >
7”
Asphalt w/ base <
7”
Bond per mile traveled $3,500 $15,000 $54,570 $94,200
* MULTIPLY BY NUMBER
OF MILES TRAVELED
* MULTIPLY BY NUMBER
OF VEHICLES ON THE
PEAK TRAVEL DAYS
= ROAD TOTALS
Structures (bridges and or
culverts by diameter)
60‖ – 19’ 11‖ > 20’
Bond per structure $500,000 $1,500,000
*MULTIPLY BY NUMBER
OF STRUCTURES
= STRUCTURE TOTALS
= BOND TOTAL
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Model Driveway Permit/Ordinance
Driveways are an integral part of road systems, particularly ones that will be used by the gas industry,
logging operations, or wind energy industry. Well-built driveways can protect waterways, control erosion,
protect existing public roads, and provide safe access to and from adjacent roads. The following can be
used as-is, to amend current ordinances, or for comparison with similar ordinances.
MODEL DRIVEWAY CONSTRUCTION AND PERMIT
ORDINANCE
AUTHORITY
The Municipal Board of the ________________________ enacts this local law under the authority
granted by Section 10 of the New York State Municipal Home Rule law, the New York State
Town/Village law and Title 8 of New York State Vehicle and Traffic Laws, Sections 1640-1660.
Article 1 General Provisions
1. TITLE.
This chapter shall be known as may be cited as the ―Industrial Driveway Construction and Permit
Ordinance of [municipality], New York.‖
2. SCOPE.
The provisions of this chapter shall be effective in the entire area of [municipality], as bounded and defined by the
corporate boundaries, and shall automatically become effective in any area which may, at any time, hereafter be
incorporated within said [municipality].
3. INTENT.
The safe operations of motor vehicles, and the need to minimize potential nuisance factors resulting from conflicts
between commercial or industrial traffic utilizing streets designed for residential traffic, are issues, which directly
relate to public health, safety, and welfare of residents in the county. The appropriate design and location of
driveways can significantly lessen the adverse effects related to these issues. The establishment of reasonable design
standards and administrative procedures included herein shall aid in protecting the health, safety, and welfare of the
residents of the county.
Purpose of Design Standards
A. To insure that vehicles leave or join the roadway traffic at a proper angle and in conformity with the rules of the
road;
B. To reduce hazard to vehicles by reducing areas of conflict and point of conflict between vehicles;
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C. To increase the capacity of roads and intersections by reducing areas of conflict between vehicles:
D. To provide sufficient space for the installation of traffic control devices, utilities, and crosswalks;
E. To reduce hazard to pedestrians by reducing areas of possible conflict between pedestrians and
vehicles, and to define such areas.
G. To provide a maximum practical sight distance, especially at intersections.
H. To provide uniform and impartial consideration in all cases where access is required by abutting
property owners.
I. To reduce the possibility of conflicts between commercial/industrial traffic generators and residential
areas.
III. DEFINITIONS
The following definitions apply to the standards set forth in these regulations and figures included as
examples of driveway permits.
Buffer areas – Means the border area along the frontage between the traveled way and the right-of-way
line and within the frontage boundary lines: areas (1), (2), (3), (4), in 1 and 2 of Appendix A.
Buffer island – Means the area between the frontage right-of-way line and a line parallel to and a
minimum of a four-foot distance from the right-of-way line extended away from the right-of-way line:
area (5) in figures 1 and 2 of Appendix A.
Buffer areas - Means the border area along the frontage between the traveled way and the right-of-way line
and within the frontage boundary lines; areas (1), (2), (3), (4) in figures 1 and 2 of Appendix A.
Buffer island - means the area between the frontage right-of-way line and a line parallel to and a
minimum of a four-foot distance from the right-of-way line extended away from the right-of-way line; area
(5) in figures 1 and 2 of Appendix A.
Common access driveway - means the primary means of access to a public street, shared by and
connecting three but no more than five parcels, tracts, lots, building sites or structures.
Corner clearance (C) - means, at an intersecting street or highway, the dimension measured along the
edge of the traveled way between the frontage boundary line opposite the intersection of the two right-of-
way lines and the tangent projection of the nearest edge of the driveway; see figure 3, Appendix A.
Distance between double driveways (D) - means the distance measured along the right-of-way line
between the tangent projection of the inside edges of two adjacent driveways to the same frontage; D in
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figure 2 of Appendix A.
Driveway angle (Y) - means the angle of 90 degrees or less between the driveway centerline and the
edge of the traveled way; see figures 1 and 2 of Appendix A.
Driveway width (W) - means the narrowest width of the driveway measured parallel with the edge of
the traveled way; see figures 1 and 2 of Appendix A.
Edge clearance (E) - means the distance measured along the edge of the traveled way, between the
frontage boundary line and the tangent projection of the nearest edge of the driveway; see figures 1 and 2 of
Appendix A.
Frontage - means the length along the highway right-of-way line of a single property tract of roadside
development area between the edges of the property; the distance between (1) and (2) in figures 1 and 2 of
Appendix A.
Frontage boundary line (abbreviated as FB line) - means a line perpendicular to the highway centerline,
at each end of the frontage lines, extending from the right-of-way to the edge of the through-traffic lane;
line (l)--(4) or (2)—(3) in figures 1 and 2 of Appendix A.
Inside radius (U) - means the inside or smaller curve radius on the edge of the driveway, used when Y is
substantially less than 90 degrees; see figures 2 and 3 of Appendix A.
Outside radius (R) - means the outside or larger curve radius on the edge of the driveway; see figures
1, 2 and 3 of Appendix A.
For simplicity, the above definitions are stated in terms of single radius curves of the edge of driveways or
intersecting highways. Where compound curves or tapers are used, an equivalent single radius curve may
be used as a control guide.
4. APPLICATION FOR PERMIT.
A. Application for a permit to construct or alter a driveway or curb cut occurring on or abutting a county
road right-of-way shall be made to the Public Works Director of the county under the following
circumstances:
1. When such driveway(s) or curb cut(s) are incidental to the development of a
new single-family residential structure or the development of previously
undeveloped property, the driveway permit shall constitute a part of the building
permit application package.
2. When such driveway or curb cut construction occurs for a commercial, multi-
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family residential, office, institutional or industrial facility.
3. When such driveway or curb cut construction constitutes a separate action
apart from any other construction on the same site.
4. When property abutting a county road right-of-way changes from one use to
another and driveways and/or curb cuts have previously been extended across or
to a county road right-of-way, or when the type of use or the volume of use of an
existing and/or previously approved driveway is substantially changed,
application for review shall be submitted and a driveway permit issued by the
Public Works Director.
B. The occupancy permit of any building may be withheld until such driveway improvements
have been approved.
5. ISSUANCE OR DENIAL OF PERMIT; APPEALS.
A. Upon reviewing an application for a residential, commercial, multi-family, office, institutional or
industrial driveway permit in any of the aforementioned circumstances, the Public Works Director shall
take one of the following courses of action:
1. Issue the permit if the standards correspond with the requirements as outlined
in the regulations.
2. Deny the permit application.
3. If the driveway permit is denied by the Public Works Director, the applicant can
appeal the Public Works Director's decision to the Board of Commissioners, who
shall hear testimony from the applicant. The Board of Commissioners may either
approve or deny the application.
6. GENERAL DESIGN STANDARDS.
The location, design and construction of the driveway shall be in accordance with the following
standards. These standards are in no case to be modified unless specifically authorized by the Public
Works Director:
A. A driveway shall be located and restricted as to width as necessary driveway and
its appurtenances are contained within the frontage along the highway to the property
served. At public highway intersections a driveway shall not provide direct ingress or
egress to or from the public highway intersection area and shall not encroach on or
occupy areas of the roadway or right-of-way deemed necessary for effective traffic
control or for highway signs or signals. This shall not be construed to pertain to property
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outside the right-of-way, except common access. A driveway shall be so located and
constructed that vehicles approaching or using it will have adequate sight distance in both
directions along the highway.
B. The number of driveways permitted serving a single property frontage shall be a
maximum of two unless more are deemed necessary by the Public Works Director for
reasonable service to the property without undue impairment of safety, convenience, and
utility of the highway.
C. If the property has frontage on more than one street, and a driveway permit is requested, then one
driveway will be allowed on each frontage or two on a single frontage if one is not requested for the other
frontage(s). This may be reduced or increased as necessary by the Public Works Director to reduce
potential adverse effects which may result. If it is determined [it] would cause a nuisance to the surrounding
area, or a traffic hazard, or unduly congest traffic, then the permit may be denied.
D. The island area on the right-of-way between successive driveways or adjoining a
driveway and between the highway shoulder and right-of-way line shall remain
unimproved for vehicular travel or parking. Such areas shall be considered as restricted
and may be filled in or graded down only as hereinafter provided in subsection J. of this
section.
E. The surface of the driveway connecting with rural type highway sections shall slope
down and away from the highway shoulder a sufficient amount and distance to preclude
ordinary surface water drainage from the driveway area flooding onto the highway
roadbed.
F. The driveway shall not obstruct or impair drainage in side ditches or roadside areas. Driveway culverts,
where necessary, shall be adequate for surface water drainage along the roadway and in no case less than
the equivalent of 15-inch diameter pipe 25 feet in length. Installation shall be as per Figure 8 in Appendix
A of this Ordinance. This requirement may be increased as necessary by the Public Works Director. The
distance between culverts under successive driveways shall be not less than ten feet except as such
restricted area is permitted to be filled in under the provisions of subsection J of this section.
G. Driveways connecting to "L" back curb and gutter must be constructed by removing the curb and
gutter and pouring a valley gutter. When curb and gutter is removed for constructing a driveway, the new
connections shall be of equivalent acceptable material and curb returns shall be provided or restored in a
neat, workmanlike manner. The driveway or valley gutter surface shall connect with the highway pavement
and sidewalks, if any, in a neat workmanlike manner. In no case shall the driveway construction impair the
flow of water in the gutter. Figure 7, Appendix A depicts the proper details for constructing a valley gutter.
H. Driveways connecting to rolled curb and gutter may be constructed by either pouring the driveway
directly up to the back of the curb or by removing the curb and gutter and pouring a valley gutter. When
curb and gutter is removed for constructing a driveway, the new connections shall be of equivalent
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acceptable material and curb returns shall be provided or restored in a neat, workmanlike manner. The
driveway or valley gutter surface shall connect with the highway pavement and sidewalks, if any, in a neat
workmanlike manner. In no case shall the driveway construction impair the flow of water in the gutter.
Figure 7, Appendix A depicts the proper details for constructing a valley gutter.
1. Any activities that impair the flow of water in a curb and gutter are prohibited.
These prohibited activities include, but are not limited to: The filling in of curb and
gutter with concrete or asphalt or the removal of curb and gutter without provided
an acceptable valley gutter as described in G and H above.
J. The restricted area between successive driveways may be filled in or graded down only when the
following requirements are fully complied with:
1. The filling or grading down shall be to grades approved by the public works
director; and, except where drainage is by means of curb and gutter, water drainage
of the area shall be directed away from the highway roadbed in a suitable manner.
2. Culvert extension under the restricted area shall be of like size and equivalent
acceptable material of the driveway culvert, and intermediate manholes adequate
for clean-out purposes may be required where the total culvert length exceeds
100 feet.
3. Where no side ditch separates the restricted area from the roadbed, permanent
provision may be required to separate the areas from the highway roadbed, to
prevent its use for driveway or parking purposes, by construction of a border, curb
or other deterrent as deemed adequate by the public works director.
6.A. Specific design standards.
The following specific design standards shall apply to driveways requiring permits as set forth in these
regulations. The items are driveway width, angle of entry and exit, return radius of curb, surfacing for
driveway use, distance to side property lines, island areas, intersection clearance, parking and storage
areas and driveway grade. The public works director shall have the authority to increase these
requirements if in his/her opinion such action is necessary for the protection of traffic. The public works
director may also modify these requirements if justifiable on the basis of site conditions.
6.A.I. Driveway widths.
Measured parallel to the roadway, driveway widths shall be as follows:
Minimum Maximum
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Residential 8' 16'
Residential-duplex 8' 22'
Apartments 10' 30’
Commercial:
One-way 15' 25'
Two-way 20' 40'
Industrial 20' 40'
6.A.2. Angle of entry and exit.
Driveway angles shall be as follows:
A. Residential, 60 to 90 degrees, or per Public Works Director;
B. Apartments, 70 to 90 degrees for two-way driveways or 45 to 90 degrees for one
way streets;
C. Commercial, 70 to 90 degrees for two-way driveways or 45 to 90 degrees for one-way on divided
roadway or 60 to 90 degrees for one-way ramp on non-divided roadway;
D. Industrial, 90 degrees, or as close as practicable, for two-way, or 45 degrees, one
way access on one-way street;
E. Rural, land access only, 60 to 90 degrees.
6.A.3. Return radius of curb.
Return radius of curbs shall be as follows:
Minimum Maximum
Residential 5' 15'
Apartment 10' 35'
Commercial 10' 35'
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Industrial 50' N/'A (per Public Works Director)
6.A.4. Surfacing of frontage for driveway use.
B. No approval for a curb cut will be given where it is apparent that the intent is not to provide
access but to provide parking only. A driveway approach must provide access to something definite
on private property such as a parking area considerably greater in extent than the width of the
driveway, or provide access to a driveway, or to a door at least eight feet wide intended for the
entrance of vehicles, etc. (door standard not applicable for residential driveways).
6.A.5. Distance to side property lines.
A. Subsection 1 or 2 of this section shall apply, whichever is more restrictive.
1. The area within five feet of a frontage boundary line shall be a restricted area on
which no driveway may be developed on public right-of-way (E). See figure 1, 2, 3
& 4 Appendix A.
2. A minimum of 1 1/2 feet of pavement edge or curb shall be left undisturbed
adjacent to each frontage boundary line to serve as an island area. This distance shall
be measured between the FB line and the point of tangency of the driveway radius
and the edge of the pavement measured along the edge of the pavement.
B. These requirements may be waived when a single driveway is approved to serve two
adjacent lots.
6.A.6. Island areas.
A. Minimum island dimensions.
1. Distance between double driveways (D), ten feet minimum at narrowest
point;
2. Minimum island depth, four feet where parking abuts street right-of-way
line.
B. Treatment of island or buffer area. In the development of private property and the
construction of driveways thereto, it may be necessary to regrade the buffer area by
cutting or filling. Such work shall be done in a manner to insure adequate sight distance
for traffic operations, proper drainage, suitable slopes for maintenance operations, and
good appearance. The buffer area outside the driveways shall be treated to prevent use by
vehicles. This may be accomplished by grading, or use of curbs, rails, low shrubs, etc., in
a manner which will not impair clear sight across the area.
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C. Visibility clearance. No landscaping, fences, terraces, or other natural or artificial
features adjacent to any street shall be of a nature impairing visibility from or of
approaching vehicular traffic where such visibility is important to safety, nor shall such
features in any way create potential hazards to pedestrians. In particular, at vehicular
entrances and exits, no off-street parking, landscaping, or other material impediment to
visibility between the height of three feet and ten feet, measured from the roadway level,
shall be permitted within triangular areas defined by lines connecting points described as
follows:
1. Nonresidential use. Beginning at a point where the midline of the entrance or
exit intersects the public right-of-way, thence to a point of 35 feet along the right-
of-way in the direction of approaching traffic, thence to a point of 25 feet toward
the interior of the lot along the midline of the entrance or exit, and thence to a
point of beginning. (See figure 5 A of Appendix A.)
2. Multifamily residential use. Beginning at a point where the midline of the
entrance or exit intersects the public right-of-way, thence to a point often feet along
the right-of-way in the direction of approaching traffic, thence to a point often feet
toward the interior of the lot along the midline of the entrance or exit, and thence
to the point of beginning. (See figure 5B of Appendix A.)
6.A.7. Intersection clearance.
The length, width and shape of corner island areas will vary for different locations. The angle of
intersection, angle of driveways, width of the right-of-way on both approaches, channelization radii, and
other conditions will influence the location of driveways at intersections. The location and angle of an
approach in relation to the highway intersection shall be such that a vehicle leaving the service facility may
be merged in the lane of traffic moving in the desired direction before crossing the intersection, and that a
vehicle entering the facility from the intersection may do so in an orderly and safe manner with a minimum
of interference to through traffic.
The following conditions may be applicable in most instances:
A. No driveway shall be allowed to encroach upon pavement edge radii.
B. The following minimum distances from the intersection right-of-way line (C) (see Figures 3 & 4,
Appendix A) shall apply where there is no conflict with the foregoing conditions:
Residential Street, 5 feet
Minor Collector Street, 20 feet;
Major Collector. 35 feet;
Minor Arterial, 50 feet;
Major Arterial, 65 feet;
Interstate Highways. 100 feet.
The public works director shall have the authority to increase these distances if in his opinion such action is
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necessary for the protection of traffic. The public works director may also modify these requirements if
justifiable on the basis of site conditions.
6.A.8. Parking and storage areas.
A. Each roadside business establishment, when providing off-street parking or storage
space, shall provide such parking or storage space off the right-of-way to prevent the
storage of vehicles on the driveway or the backing up of traffic on the travel way. This is
particularly needed for businesses where a number of vehicles will be leaving and
entering at the same time.
B. Particular attention will be paid to drive-in facilities such as banks, minute car
washes, drive-in restaurants, drive-in bill paying facilities, and other service facilities
where motorists are served while in their vehicles, to insure that queues of vehicles will
not extend out onto the public streets.
6.A.9. Driveway grade.
A. Residential driveways: The maximum grade which shall be permitted is 15 percent
within the county right-of-way.
B. Apartment, commercial and industrial driveways: The maximum grade which shall be permitted is
eight percent.
C. Grades within the right-of-way shall be controlled by existing shoulder slope or
existing and future sidewalk elevations.
D. When driveways are intended for special use vehicles, the underside clearance
and/or break over angle of the subject vehicle shall dictate the maximum driveway grade.
7. COMMON ACCESS DRIVEWAYS; GENERAL PROVISIONS.
The following specific design standards shall apply to common access driveways requiring permits as set
forth in these regulations. Even though a common access drive may provide access to parcels or lots, each
resultant parcel, tract, or lot must still meet the minimum public street frontage requirements for the zoning
district in which it is located unless otherwise exempted as a lot of record. Parcels, tracts, lots, or building
sites for which building permits are requested or upon which there is a proposed subdivision of land that
will not have separate and individual driveway access to a public street within the limits of the property
itself, but is proposed to be served by a common access driveway, shall install such a driveway in
conformance to the following standards in V11.A-V1I.C.
7.A. Common access driveways; submission of plans.
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Any person seeking an (a) building permit or occupancy permit requested for lots of record, or (b)
proposed subdivision of land, whereby two but not more than live parcels or lots are to be served by a
common access driveway, shall, at the time of the permit application or proposed subdivision of property,
submit all necessary plans as required by the county indicating the proposed location and construction
specifications for the proposed common access driveway.
7.A.l. Common access driveways; construction prior to plat approval or issuance of
occupancy permit.
New common access driveways shall be constructed prior to the issuance of an occupancy permit for lots
of record and must be constructed prior to the approval and recording of a final plat for the proposed
subdivision of land. Construction may not commence on proposed driveway until a land development
permit is approved.
7.A.2. Common access driveways; plats and required statements.
Plats indicating the location of common access driveway easements and lots to be served shall be recorded
with the clerk of superior court of the county. The plats shall include:
A. The following statement:
"The common access driveway shall be identified as "Privately Maintained" are private ways and
are not maintained by state, county, city or other public agencies. Maintenance of these private ways
shall be the responsibility of an established homeowners association or related private organization."
B. School bus service, Mail/Parcel Delivery, Fire Service and Police Service
statement:
"Privately maintained roads may not be acceptable or adequate for school bus service or for mail or
parcel delivery service, unless specifically approved by the County School Superintendent, the
Postmaster, the County Fire Chief, and Sheriff respectively."
C. Public Acceptance statement:
"The County will not consider acceptance of any private roadway until/unless the roadway is brought
up to county standards."'
7.B. Common access driveways; previously existing driveways.
Any existing easements or common driveways which have been recorded prior to the effective date of this
ordinance may continue to serve existing lots which were also recorded prior to the effective date of the
resolution codified in this chapter. Any new driveways which would propose access to two or more
undeveloped lots of record must conform to the standards for a common access driveway in accordance
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with this amendment.
7.C. Common access driveways; minimum standards.
Construction of common access driveways shall conform to the following minimum standards. Please see
figure 6 of Appendix A for a cross-section detail. . The public works director shall have the authority to
increase these requirements if in his/her opinion such action is necessary for the protection of traffic. The
public works director may also modify these requirements if justifiable on the basis of site conditions.
A. Easement width, 30 feet, 30 feet radius easement in cul-de-sac; B. Roadbed width
20 feet;
C. Shoulder width, two feet;
D. Base width, 18 feet:
F. Pavement width, 16 feet;
F. Minimum radius at cul-de-sac transition and intersections. 20 feet;
G. Pavement type:
1. Plant mix, one and one half (1.5 ) inch thick over graded aggregate four
inches thick (except within the public right-of-way, graded aggregate shall be six
inches thick):
2. Concrete, four inches thick (except within the public right-of-way, which
shall be six inches thick);
H. If a common access driveway terminates in a dead end, the termination shall be either a cul-de-sac with
a paved radius of 25 feet, a 50' hammerhead or another termination method that allows for vehicles to turn
around safely and is acceptable to Dawson County Public Works;
I. If a common access driveway is a dead end. The maximum length of the drive shall be 1,000 feet;
J. Individual driveways joining the common driveway must be placed entirely on the property that they
serve;
K. Individual driveways joining the common driveway may only serve one lot;
L. Ditches: Front slope, maximum 2:1 ratio; rear slope, maximum 2:1 ratio; 1 1/2 foot minimum depth;
M. Maximum finished driveway grade, 15 percent;
N. Pavement crown, 1/4-inch per foot;
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O. All slopes and shoulders to be grassed;
P. Minimum pipe size, 18 inches;
Q. The driveway must intersect the public road at an angle of 65 degrees or greater;
R. The driveway must enter the public road at least 65 feet from any intersection of another common
access driveway as measured from centerline to centerline. The driveway must enter the public road at
least 65 feet from another public road intersection as measured from the centerline of the common access
driveway to the closest point of right-of-way intersection;
S. Intersections shall be designed with adequate sight distance. Where necessary, backslopes shall be
flattened and horizontal or vertical curves lengthened to provide the minimum required sight distance. Also,
backslopes may be flattened along existing roadways to provide the minimum required sight distance. Sight
distance design will be relative to 85th percentile speeds.
SIGHT DISTANCE TABLE
Design Speed (MPH) Required Sight Distance (feet)
25 150
30 200
35 225
40 275
45 325
50 400
55 450
Note: The height of eye and the height of object are 3.5 feet and 0.5 feet respectively for stopping sight
distance.
8. GENERAL CONDITIONS OF APPROVAL; RIGHTS OF [MUNICIPALITY].
The following conditions shall apply to all approvals for driveway construction on public right-of-way:
A. The applicant shall represent all parties with a property interest in the proposed
driveway and shall certify that any driveway or approach constructed by him is for the
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bona fide purpose of securing access to his property and not for the purpose of parking or
servicing vehicles, or for advertising, storage, or merchandising of goods on the county
right-of-way.
B. The applicant shall furnish all materials, do all work, and pay all costs in
connection with the construction and maintenance of the driveway and its appurtenances on the right-of-
way unless the county agrees otherwise. The applicant shall arrange for and bear the entire cost of moving
poles, trees, signs, hydrants, catch basins, and other existing installations which may interfere with the
proposed driveway. Materials used and type and character of work shall be suitable and appropriate for its
intended purpose, and the type of construction shall be as designated by and subject to approval of the
public works director. The timetable for installation shall be approved by the public works director. The
applicant shall make the installation without jeopardy to or interference with vehicular traffic using the
highway or pedestrian traffic using the adjacent sidewalk.
Street surfaces, shoulders, ditches and vegetation disturbed shall be restored to equivalent or original
condition by the applicant.
C. No revisions or additions shall be made to the driveway or its appurtenances on the
right-of-way without the written permission of the Public Works Director.
D. The county reserves the right to make such changes, additions, repairs and
relocations within statutory limits to the driveway or its appurtenances on the right-of-
way as may at any time be considered necessary to permit the relocation, reconstruction,
widening and maintaining of the highway or to provide proper protection to life and
property [on] or adjacent to the street. The county shall make all reasonable attempts to
comply with all provisions of this resolution chapter.
H. The applicant, his successors or assignees agree to hold harmless the county and its duly appointed
agents and employees against any action for personal injury or property damage sustained by reason of
the exercise of the permit issued pursuant to this chapter.
F. Whenever an existing road is improved by reconstruction or maintenance work, existing entrances to
the road may be altered by the county to conform to the spirit and intent of the policy and standards set
forth in this chapter.
G. Whenever the public works director determines that inadequate or indiscriminate access or long
stretches of paved or unpaved accesses result in an undue hazard to the motoring public on the
thoroughfare, existing entrances may be required to be altered or reduced in extent to conform with the
spirit and intent of this policy and upon approval of the governing authority.
9. CONFLICT WITH OTHER LAWS.
Should any requirement or design standard conflict in any manner with any other law, rule or regulation of
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any local, state or federal governmental body or administrative agency, then the stricter law, rule, or
regulation shall be applied. It is not intended by this chapter to interfere with or abrogate or annul any
easements, covenants, or other agreements between parties; provided, however, that, where this chapter
imposes a greater restriction upon the use of property or premises than is imposed or required by other
resolutions, rules or regulations, or by easements, covenants, or agreements, the provisions of this chapter
shall govern.
10. SEVERABILITY; PENALTY; ADDITIONAL REMEDIES.
A. Validity. Should any article, clause or provision of this chapter be declared by a court of competent
jurisdiction to be invalid, such action shall not affect the validity of the chapter as a whole or any part
hereof being declared severable.
B. Remedies. In case any driveway is (or is proposed to be) constructed, reconstructed, altered,
converted, or maintained, or any driveway is (or is proposed to be) used, in violation of any provision of this
chapter, a county representative may in addition to other remedies, institute injunction, mandamus, or other
appropriate action or proceeding to prevent such unlawful construction, reconstruction, alteration,
conversion, maintenance, or use or to correct or abate such violation. Where a violation of these
regulations exists, the Public Works Director may, in addition to other remedies, notify all public utilities
and county service departments of such violation and request that service be withheld there from until such
time as there is no longer a violation of these regulations.
C. Penalties for violations. Any firm, person, or corporation who shall do anything prohibited by this
chapter as the same exists or as it may hereafter be amended, or who shall fail to do anything required by
this chapter now existing or as it may hereafter be amended, shall be guilty of a misdemeanor, amenable to
the process of the superior court of the county or the state court of the county, and, upon conviction, shall
be punished by a fine not exceeding $1,000.00. Each and every day that such violation exists shall be
deemed a separate offense.
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APPENDIX A
The following figures may be used in conjunction with the standards and definitions set forth in this
chapter as examples of typical driveway types:
Figure 1. Single Driveway—Diagrammatic for Illustrating Definitions
Figure 2. Double Driveway—Diagrammatic
Figure 3. Driveways for Corner Installations—Diagrammatic
Figure 4. Driveways to a Corner Commercial Establishment
Figure 5A. Visibility Clearance (Non-Residential)
Figure 5B. Visibility Clearance (Residential)
Figure 6. Construction Requirement Common Access Driveway
Figure 7. Construction Requirement Valley Gutter, Residential Driveway
Figure 8. Driveway Cross-section
Model Road Use Agreements (RUAs)
Tioga Investigates Natural Gas (TING) is in the process of developing a RUA that will be made available
to the municipalities when it is completed.
Voluntary agreements are beneficial to communities where ordinance adoption is controversial or difficult
to achieve. Voluntary agreements can also allow for more flexibility than ordinances. Detailing technical
rights and responsibilities of each party saves time and money and decreases the chance of litigation.
Unless municipalities have ordinances requiring heavy road users to enter into an RUA firms have no
legal obligation to do so. If a RUA cannot be agreed upon between the operator and the municipality, the
operator may continue using the roads until such an ordinance is passed, or until roads are posted to
restrict traffic. Therefore RUAs should not be used in isolation.
RUAs are stronger when combined with rigorous road assessments, highway department cost schedules,
and road protection ordinances. Steuben County Highway Engineer Peter Messmer recognized this fact in
a memorandum issued to Town Supervisors and Town Highway Superintendents in March, 2010:
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―It is crucial to get a technically sound RUA and local law process implemented if municipal officials are
going to be able to protect their roads and the interests of their tax payers. An effective RUA document
will recoup full damages to gravel and paved roads…and will be based on a sound engineering method
that will stand up to scrutiny…Anything less than a thorough agreement puts a town at serious risk of
losing significant money in road damages and litigation.‖
Mr. Messmer went on to write that without professional legal and engineering support, RUAs will face
implementation difficulties (Messmer 2010).
Of the RUAs found, the one below offers some of the most stringent standards and requirements. Again, it
is intended as a resource, template, or basis of comparison. Because this RUA is from Michigan it is not
meant to be used as-is. This RUA came from Michigan Technological University
(http://ferm.mtu.edu/resources/roaduse.pdf). Another model RUA can be found in Appendix F.
MODEL ROAD USE AGREEMENT
This agreement made this _____ day of_____________________ , 20___
Between:
Town of ___________________
(hereinafter referred to as ―Grantor‖)
-and-
______________________________________________________________
______________________________________________________________
(hereinafter referred to as ―Grantee‖)
The Grantor hereby extends without warranty of any nature to the Grantee the nonexclusive right to use that
portion of the Grantor’s road as indicated on Schedule ―B‖ (hereinafter referred to as the ―Road‖) for the
purpose described in Schedule ―A‖ on the below terms. Grantee’s use shall be limited to those uses set forth
in Schedule A and for no other purpose.
In consideration of the mutual covenants and conditions contained in this Agreement, the parties agree as
follows:
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1.0 Terms and Conditions
1.1 This Agreement, including any attached Addenda of the following Schedules which are incorporated
herein and made part hereof, shall be the terms and conditions as agreed to by Grantor and Grantee:
Schedule ―A‖ - Purpose and Rates
Schedule ―B‖ - Field Contacts and Additional Terms
2.0 Consideration
2.1 The Grantee agrees to pay the Grantor the sums as set forth under the heading ―Consideration‖ in
Schedule ―A‖.
3.0 Billings
3.1 The Grantor shall invoice the Grantee at monthly intervals or as the Grantor may desire (in advance,
quarterly, annually, etc.) and the Grantee shall submit payment in the manner described on the invoice(s).
3.2 The Grantor shall be entitled to charge interest on any amounts that remain outstanding for more than
thirty (30) days after the Grantee’s receipt of the invoice. Interest shall be paid at the rate of five (5) percent
per annum on the outstanding balance from the date of the invoice until the day it is paid and shall be due
immediately on the 31st day.
4.0 Road Restrictions
4.1 The Grantor reserves to itself the exclusive control and operation of the Road and the Grantee shall
observe all load limits, speed limits, road bans, closures and restrictions on use imposed by the Grantor.
4.2 The Grantor shall endeavor to notify the Grantee when anticipated closures or restrictions are to be
imposed but failure to notify shall not excuse Grantee from complying with the same.
4.3 The Grantor shall not be liable for any loss or damage occurring to the Grantee as a result of the
imposition of the said limits, bans, closures and restrictions or of the failure to give reasonable notice thereof
to the Grantee.
4.4 The Grantor reserves the right to control all entrances to and all use of said Road and to control the
location of signs and culvert installations. If Grantor places gates Grantee will be provided a key and shall
keep all gates closed and locked immediately after passage.
5.0 Maintenance
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5.1 Notwithstanding anything herein contained the Grantor does not make any representation or warranty as
to the suitability or fitness of the Road for Grantee’s intended use nor does the Grantor assume any
obligation to maintain the Road in useable condition.
5.2 Upon written approval from the Grantor, the Grantee may upgrade the Road. All improvements and
upgrades shall be performed only in accordance with Grantor’s approval and upon terms acceptable to
Grantor. The entire cost of such upgrades, together with any incremental costs of maintaining the Road in its
upgraded state or abandoning and reclaiming the Road, shall be borne solely by the Grantee. The Grantor
shall have the right to enter upon the Road at its discretion to affect such maintenance and repairs as it deems
appropriate for its use, and to unlimited use, and the Grantor shall not be responsible or liable to compensate
the Grantee for any loss, injury, damage, inconvenience or annoyance suffered therefrom.
5.3 Where the Grantor has no need to maintain roads the Grantee undertakes and agrees that maintenance of
the Road shall be the responsibility of the Grantee.
6.0 Damages
6.1 The Grantee agrees that if any damage or destruction to the Road results from the exercise by the Grantee
or its servants, agents, employees, contractors and subcontractors of the rights herein granted the Grantee
shall, at the Grantor’s request, restore the Road to its previous or better condition. If the Grantee fails to
comply with such instruction within a reasonable time to be determined by the Grantor, the Grantor may
restore the Road to its previous condition at the expense of the Grantee. In such event, the Grantee will
reimburse the Grantor the Grantor’s costs of the restoration within thirty (30) days of receiving the Grantor’s
invoice.
Grantee _____ Grantor _______
[page]
7.0 Liability and Indemnity
7.1 The Grantee shall use the Road entirely at its own risk and shall be liable for and assumes the risk of any
loss, damage or expense suffered by the Grantor, the Grantee or any third person as a result of the use of the
Road by the Grantee, its employees, agents, contractors or subcontractors.
7.2 The Grantee shall hold harmless and indemnify the Grantor against all liability, actions, proceedings,
claims, demands, judgments and costs (including actual attorneys fees incurred in defending against the
same) suffered by the Grantor resulting from or arising out of the use of the Road by the Grantee, its
employees, agents, contractors or subcontractors, including all claims for bodily injury or death to any
person or persons resulting from or arising out of Grantee’s use of or activity on the road unless such injury
or damage is a direct result of the willful misconduct of the Grantor, its employees, agents, servants,
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contractors or subcontractors.
8.0 Default
8.1 If the Grantee is in default of any provisions herein, and such default continues for a period of thirty (30)
days after receipt of notice from the Grantor to remedy such default, the Grantor may without limiting any
other remedies it may have terminate this Agreement and the Grantee shall be deemed to have forfeited any
and all rights hereunder.
9.0 Insurance
9.1 It shall be the responsibility of the Grantee to maintain and keep in force during the term of this
Agreement (and if on a claims made basis for three years after termination) liability insurance protecting
against any liability for bodily injury or property damage occurring on the Road or as a result of Grantees use
thereof in the following policy limits with insurers acceptable to Grantor:
(a) Bodily injury: $250,000 single limit or $100,000 per person and $250,000 per occurrence
(b) Property damage: $100,000.
9.2 The Grantor shall be named as an additional insured on such policy with respect to any claim arising out
of or in connection with Grantee’s use of the road. Grantor will be provided proof of such insurance
annually.
9.3 Grantee shall also maintain in force workers disability compensation and employees liability insurance
coverage as required by Michigan law.
9.4 The Grantee shall assure that any of its contractors and agents using the Road maintenance insurance as
required above.
10.0 Arbitration
10.1 If the Grantor and the Grantee cannot agree on the resolution of any dispute pertaining to this
Agreement the resolution shall be made in the first instance by a reputable person to be mutually agreed
upon by the parties to this Contract. If either party is unwilling to accept the decision of such chosen person
an arbitration board of three persons, one to be selected by each party to this Contract, and the third to be
selected by the first two members of said board will render a final decision. All costs of arbitration shall be
shared equally by the parties.
Grantee _____ Grantor ______
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[page]
11.0 Notices
11.1 Notices and invoices to be given under this Agreement shall be in writing and may be mailed or
electronically transmitted, addressed to the parties as follows:
GRANTOR:_____________________
Bus: ( )
Fax: ( )
e-mail:
Attention:
GRANTEE: _____________________
Bus: ( )
Fax: ( )
e-mail:
Attention:
11.2 Either party may, from time to time, change its address for service by giving written notice to the other
party.
11.3 Any notice, invoice or other communication shall be deemed to be received by the addressee for all
purposes hereunder if delivered personally, or electronically transmitted, on the first business day following
delivery or transmission and, if mailed, on the fourth business day following the day on which it was mailed
if such mailing is not returned as undeliverable.
11.4 In the case of a postal disruption, or an anticipated postal disruption, all notices or
other communications to be given under this Agreement shall be electronically transmitted or delivered by
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hand.
12.0 Assignment
12.1 This Agreement is not assignable in whole or in part by Grantee but Grantor may convey or assign its
rights in the property or the roadway at any time without the consent of Grantee.
13.0 Termination
13.1 Notwithstanding any provision to the contrary herein contained, this Agreement may be terminated
upon thirty (30) days written notice given by either party to the other. Upon termination all applicable rights
and obligations as between the Grantor and the Grantee shall terminate except for those rights acquired or
obligations incurred prior to the effective date of termination.
13.2 Grantor shall inspect the Road upon termination of this Agreement and shall notify Grantee of any
damage to the Road, excluding normal wear and tear, which shall be repaired in accordance with Clause 6.0.
13.3 Upon termination the Grantee shall, if Grantor so requests, remove all culverts, installations and fixtures
on the Road placed for Grantee’s purposes. If they are not removed within thirty (30) days of such a request,
the Grantor shall have the right to remove the same and the Grantor shall invoice the Grantee the actual cost
thereof plus a reasonable administration charge which amounts will be paid by Grantee immediately.
14.0 Miscellaneous
14.1 No waiver of any breach of a covenant or provision of this Agreement shall take effect or be binding
upon a party unless it is in writing. A waiver by a party of any breach shall not limit or affect that party*s
rights with respect to any other or future breach. This agreement does not create any agency, joint venture or
other relationship between Grantor and Grantee nor is it intended to benefit any third party or third party
beneficiary. Grantee does not by reason of this agreement obtain any interest in the roadway or underlying
property but merely the terminable right to use the road.
14.2 This Agreement, as amended from time to time by agreement in writing of the parties, shall be the entire
agreement between the Grantor and the Grantee as to the matters herein and all previous promises,
representations or agreements between the parties, whether oral or written, shall be deemed to have been
replaced by this Agreement.
Grantor: Signature: _____________________________
Date:________________________
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Grantee: Signature: _____________________________
Date:________________________
SCHEDULE “A”
PURPOSE AND RATES
Addendum #
Attached to and forming part of a MASTER ROAD USE AGREEMENT dated and made between
, as Grantor and , as Grantee.
Effective Date ____________________________
PURPOSE OF USE:
Hauling Equipment Associated With Natural Gas Drilling
Timber hauling
Mining
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Wind Turbine Installation
Other
(describe)
CONSIDERATION:
Grantor: Signature: _____________________________
Date:________________________
Grantee: Signature: _____________________________
Date:________________________
SCHEDULE “B”
FIELD CONTACTS AND ADDITIONAL TERMS
Addendum #
Attached to and forming part of a MASTER ROAD USE AGREEMENT dated and made between
,as Grantor and ,as Grantee.
Effective Date ____________________________
Grantee shall provide Grantor with 48 hours notice prior to commencement of the intended activity.
Grantee shall comply with any reasonable conditions imposed by Grantor’s field representative.
GRANTOR’S FIELD REPRESENTATIVE ADDRESS:
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Town of ___________________________________
Address ___________________________________
___________________________________
Phone:
Fax:
Attention:
GRANTEES FIELD REPRESENTATIVE ADDRESS:
Address ___________________________________
___________________________________
Phone:
Fax:
Attention:
ADDITIONAL TERMS:
Grantee _____ Grantor _____
CERTIFICATE OF COMPLIANCE
(Grantee’s name & address)
Master Road Use Agreement No.: dated ____________20______
Addendum No.: __________________________
_____________________________ certifies that the conditions set forth in the above agreement have been
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fulfilled as of ___________________________.
Status:
D&A as of:
Producer as of:
Shut in as of:
Other:
Maintenance billings, if applicable, shall be in accordance with subject Addendum Schedule ―A‖.
Signature: ___________________________________
Title: ___________________________________
Further Points of Consideration
Gas and wind energy companies generally welcome consistent ordinances and agreements among
towns. If this is important to a municipality/region it may be worth the added effort to coordinate
with neighboring towns.
Increased road traffic by heavy trucks will bring with it significant noise visual impacts along
haul routes (dSGEIS, 2009, p. 6-139). The noise ordinance offered in Chapter 4 offers good
foundation for preventative action. Additionally, it may be worth designating haul routes and
times (pursuant to NYS Vehicle and Traffic Law, Title 8, Article 39, §1641; Article 40, §1650;
and Article 41, §1660). This may be of particular importance around sensitive areas (e.g.
schools).
Well pad access roads will increase accessibility, and potentially human activity, in remote areas
(dSGEIS, 2009, p. 6-140). For more information on designating culturally or ecologically
sensitive areas, see ―Description of Critical Environmental Areas‖ in Chapter 4.
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Chapter 7: Workforce
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Chapter 7: Workforce
Introduction
The purpose of this chapter is to briefly describe the expected workforce impacts of the natural gas
industry in Tioga County and the Southern Tier Region of New York and to provide insight into the
education and training needs required for this workforce with special focus on the local labor force.
A workforce survey was also conducted in Tioga County, New York and Bradford County, Pennsylvania
to provide comparative data for Tioga workforce projections affecting county and municipal agencies.
This survey is included as Appendix G. Though the results are incomplete, the survey can be re-
administered or completed to produce results that allow for cross-county comparisons. Bradford County
is directly south of Tioga County and was selected for its similarities in economy, size, and anticipated
drilling intensity. Bradford has been experiencing natural gas development for over two years and
provides valuable observations for this chapter.
Workforce can be broken down into three labor forces: direct, indirect, and induced. In the natural gas
industry, direct labor refers to the energy companies and contractors that are directly involved in the
drilling phase and the production phase. The occupation in this force can range from surveying,
permitting, engineering, site clearing, drilling, finishing, trucking, cementing, fracturing, as well as
construction of pipelines and compressor stations. Indirect labor refers to supply-chain industries, such as
quarries or machine manufacturers. Induced labor is the furthest removed from natural gas development,
and refers to the housing, food and drink, and higher education services required for gas development
(MSETC, 2009, 4). This chapter focuses mostly on direct labor and municipal agencies’ workforces.
When communities are planning for natural gas impacts to their workforce it is wise to have three
working scenarios that describe workforce impacts: low, likely, and high. These scenarios give
municipalities some flexibility in preparing their agencies and training their workforces as gas
development progresses. This approach is especially important to take because it acknowledges the high
unpredictability that surrounds this industry, particularly in regards to workforce needs. These estimates
will also help estimate the exact education and training levels needed for the industry.
Contained within this chapter:
Workforce Anticipation
Comparison between Southern Tier NY and Northern Tier PA
Education and Training
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Workforce Anticipation
Political and environmental concerns have temporarily halted gas development in the Marcellus Shale in
New York State. These concerns are likely to only be temporary holdups as new standards and procedures
are established for the industry. Energy companies already working in the Marcellus Shale have expressed
interest in the Southern Tier Region, including Tioga County. The anticipated presence of the natural gas
industry in this region will have significant effects over the next five years as gas exploration and
development increase.
The unpredictability mentioned earlier complicates forecasts of the location of workforce impacts. When
locations are forecasted, commuter sheds should be considered. Currently there are three major industry
offices and supply-chain centers located near Tioga County: Williamsport, PA; Horseheads, NY; and
Towanda, PA. These areas will be the source of major activity, transportation, and job creation for the
natural gas industry.
Drilling Phase Workforce
A recent needs assessment study done in 2009 by Marcellus Shale Education and Training Center
(MSETC), estimated direct workforce requirements on a per well drilled basis in the Marcellus Shale
region. Drilling one well requires ―410 individuals working within nearly 150 different occupations‖
(MSETC, 2009, 5). To put these numbers into perspective and increase their usability, the study breaks
down the array of individuals involved into full-time jobs per year. Each well creates 11.53 full-time
direct jobs per year. This is only a rough estimate because the gas industry is so mutable. Further
complicating this estimate is the fact that the industry definition of full-time is based on working 260 days
(or 2,080 hours per year) even though a very large majority of jobs involved in the drilling phase are not
worked regular hours and employees normally work in multiple locations over the span of a year. The
study also mentions that ―98% of these jobs are required only while wells are being drilled‖ (MSETC,
2009, 5). This and the transient nature of the workforce make satisfying their needs and predicting their
location very difficult.
Direct Workforce at Production Phase
The production phase involves a significantly smaller full-time workforce that is less prone to sudden
changes. The needs assessment study estimates that 0.17 long-term, full-time ―permanent‖ jobs are
required per-well in the production phase. The location of these workers is easier to predict, as production
phase workers are generally located at company offices near well locations.
Pre-Drilling and Reclamation Workforce
The labor requirements during the pre-drilling and reclamation phases are negligible. Most natural gas
studies do not consider the workforce aspects of these phases.
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Comparison between Southern Tier NY and Northern Tier PA
Predicting different ranges of workforce requirements is difficult, but becomes much easier once the
industry begins to develop in a region. Because Marcellus Shale gas development has not begun in New
York, Pennsylvania’s Northern Tier is used to estimate potential impacts for Tioga County. Though
Pennsylvania has different jurisdictional regulations and procedures, the Northern Tier is geographically
similar to New York’s Southern Tier, the regions have similar demographics, and are both underlain with
the Marcellus Shale.
Figure 7.1: Map of Twin Tiers of New York and Pennsylvania. Created by Meghan Jacquet (CUGIR
Data).
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Northern Tier Direct Workforce Requirements
2009 1,292 – 2,153
2011 2,107 – 3,511
2013 3,281 – 5,468
Figure 7.2: Projected Northern Tier direct workforce requirements during drilling and production phases
(MSETC, 2009).
Figure 7.2 summarizes the MSETC’s estimates for direct workforce requirements in Pennsylvania’s
Northern Tier Region. In order for New York’s Southern Tier Region to perform a similar direct
workforce study the number of expected wells to be drilled would have to be known. Direct workforce
estimates can be used to estimate indirect and induced jobs throughout the economy. In Pennsylvania, an
economic league created a multiplier to calculate indirect and induced jobs through the economy.
Creating a multiplier requires very specific information about a community or region to input different
variables to make the multiplier more accurate. New York would have to do a similar economic study to
determine its multiplier.
Education and training
Unlike many industries, natural gas industry requires little formal post-secondary education and trade
certifications. Seventy-five percent of the direct workforce involved in the industry has little formal
education (e.g. college, trades or technical school, or university) and depends instead on experience-
driven skills and knowledge unique to the industry. The MSETC study found ―company respondents
indicated that finding workers with the unique skill sets, knowledge, and work ethic gains from
experience in the gas industry remains a significant barrier to finding adequate local workforces‖
(MSETC, 2009, 6). Understanding the workforce an industry wants will help communities plan for
appropriate education and training programs.
When the gas industry moves into a region non-local workers will fill most industry jobs. This situation
usually changes over time as local workers are hired in greater numbers, but the workforce will always be
majority non-local workers.
The workforce requirements of each phase should be considered. Drilling phase employment is
ephemeral, whereas the production phase employment is more long-term and permanent. A community
should focus its energy on understanding how to prepare its workforce accordingly. Developing and
establishing education and training centers takes time, money, and energy. A county like Tioga needs to
decide where the greatest benefit lies. It makes sense for a community to develop education and training
programs that address not only temporary positions during the drilling phase, but long-term local jobs
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with more lasting benefits and opportunities. Therefore, local education and training centers need to
develop appropriate programs for the local labor force that teach skills associated with the production
phase of gas drilling. Training opportunities are currently offered at established centers like the Marcellus
Shale Education and Training Center at the Pennsylvania College of Technology.
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Chapter 8: Public Safety
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Chapter 8: Public Safety
Introduction
This chapter provides information to local public safety departments about the risks of gas drilling. The
chapter also examines the experiences of other communities to provide insight into the challenges that
public safety officials might face in Tioga County.
Gas drilling in the Marcellus Shale represents a new challenge to public safety officials largely due to the
hazardous chemicals and heavy machinery required for fracturing and lateral drilling. Pennsylvania
counties have seen numerous accidents on gas pads and on county and local roads. State and federal
officials can assist local officials by providing ways to report spills.
Contained within this chapter:
Public Safety Survey
Chemical Risks for Responding Officers
Fire and Police Coverage in Tioga County
Hydro-fracturing Accidents in the News
Reporting Spills
Public Safety Survey
Survey A
In order to assess the current situation and potential needs of emergency response crews, the Workshop
drafted a survey that was issued March 13, 2010. The survey asked the fire departments, sheriff's offices,
and emergency medical services (EMS) serving Tioga County questions about what facilities and crews
the departments currently have, and where gaps exist in their ability to respond to gas-related
emergencies. TING may administer this survey to collect useful data. This survey is included as Appendix
G.
Survey B
Another survey was drafted to collect information on Bradford, Lycoming, and Susquehanna Counties in
Pennsylvania. Fire, sheriff, and EMS departments were asked to identify where they needed the most
assistance to respond to gas-related emergencies. This Resource Binder also includes a form asking the
departments for current statistics on crime. The data will allow TING to calculate real and percent
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increases in crime from the time before Marcellus drilling occurred and to current time period. This
survey is included as Appendix H.
Unfortunately, only two responses to the surveys were received as of May 2010. Nonetheless, the surveys
are valuable as a model for Tioga Investigates Natural Gas (TING) to gather information on the County’s
public safety sector and crime rates. Administering the survey as an interview will probably yield higher
response rates (and more accurate responses) than administration by mail.
Chemical Risks for Responding Officers
Despite the risks associated with the hazardous chemicals, drilling operations are exempt from
environmental reporting requirements, and their use of chemicals is not controlled as of spring 2010. The
drilling industries are exempt from numerous federal environmental regulations — and the accompanying
reporting requirements and public scrutiny — authorized by such federal laws as the Clean Water Act, the
Clean Air Act, the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), and the Safe Drinking Water Act (SDWA). Reps.
Diana DeGette (D-CO), John Salazar (D-CO), and Maurice Hinchey (D-NY) introduced legislation, H.R.
7231, on Sept. 29, 2008 to remove the SDWA exemption originally created by the 2005 Energy Policy
Act (www.ombwatch.org, 2008). This bill would require the chemicals used on the hydro-fracturing to be
publicly disclosed; many of which have been found as a hazard to human and environmental health. The
bill is currently in committee.
Many chemicals traditionally used in hydro-fracturing are dangerous to humans and have the potential to
complicate the work of Tioga County's emergency management officials. Because gas companies
currently have no legal obligation to disclose what chemicals they use, it is difficult to prepare for the
possible public safety concerns. "It is like Coke protecting its syrup formula for many of these service
companies," said Scott Rotruck, vice president of corporate development at Chesapeake Energy, the
nation’s largest gas driller, responding to New York State regulators' requests to disclose the chemicals it
uses (ProPublica.org, 2008).
Many companies have threatened to cease drilling operations in the state if regulations are written that
require them to disclose the "recipes" of chemicals used for hydro-fracturing. The gas-service provider
Halliburton told the state of Colorado, "If lawmakers forced the company to disclose its recipes,
[Halliburton] will have little choice but to pull its proprietary products out of Colorado." The company’s
attorneys warned that if the three big hydro-fracturing companies left, they would take some $29 billion
in future gas-related tax and royalty revenue with them over the next decade (ProPublica.org, 2008).
Though the exact nature of the chemical risk is unknown, the risk does exist. The testimony of Theo
Colborn, PhD, President of TEDX, of Paonia, Colorado before the House Committee on Oversight and
Government Reform highlights the potential danger of the chemicals used and calls for disclosure.
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"We had been unable to find any information on the chemical content of waste pits until
we were sent results of a chemical analysis of the residues from six waste pits in New
Mexico. The 51 chemicals that were detected in those pits produced a health pattern even
more toxic than anything we found in the past. Most important is that 43 of the 51
chemicals detected in the pits were not on our list of chemicals being used during natural
gas operations. And 13 of the chemicals were at concentrations above state and federal
safety levels. We found out later that except for those eight chemicals, their study design
did not include testing for the chemicals on our list of what is used during production and
delivery. We also discovered that 84% of the chemicals detected in the pits are on the
CERCLA superfund list. A finding such as this raises a number of questions that only
adequately designed testing requirements and protocols can address – and points out the
need for full disclosure. Data such as this also suggests that eventually, as each pit and
well pad is closed down, it has the potential to become a new superfund site" (Colborn,
2007).
The testimony suggests that increased levels of hazardous materials training for public safety departments
may benefit communities experiencing hydro-fracturing gas development.
Hydro-Fracturing Accidents in the News
This section surveys accidents and spills in communities where hydro-fracturing is occurring. This section
will reveal the types of hazards that first response crews will be exposed to. Making comparisons between
Tioga and other locations must be done carefully for a number of reasons. Tioga County Emergency
Management Officer John Scott cautions that operations in the western United States can differ from
operations in the Marcellus formation. "This is a different risk factor than what is portrayed in the west,‖
Scott said. ―Most western drilling pads have pits for storing used hydro-fracturing water, while many of
the wells in this region place the wastewater in tanks. However, those tanks need to be transported to
disposal facilities, and the Southern Tier is hilly terrain‖ (Smith-Heavenrich, 2009).
Below are gas-related accidents and other public safety issues covered in popular news outlets and press
releases. These stories are meant to help prepare emergency management officials and assist Tioga
County governments in building a case for grant monies for new hires in the public safety sector. This
section is also intended to be a place where new stories on gas drilling accidents in the region can be
added to the Resource Binder to supplement the knowledge of public safety officials.
- In Bradford County more than 800 gallons of a hydrochloric acid spilled in 2009 (Syracuse Examiner).
http://www.examiner.com/x-28020-Natural-Gas-Policy-Examiner~y2009m12d14-In-Bradford-County-
more-than-800-gallons-of-a-hydrochloric-acid-spilled-in-2009
- W.Va. demands details on gas drillers' water use (Elmira Star-Gazette).
http://www.stargazette.com/article/20100311/NEWS11/100311024/W.Va.-demands-details-on-gas-
drillers-water-use
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- County [Bradford] creates public safety director position (Towanda Daily Review)
http://thedailyreview.com/news/gary-wilcox-hired-as-bradford-county-public-safety-director-1.642853
- Questions remain in gas well accident (Towanda Daily Review)
http://thedailyreview.com/news/questions-remain-in-gas-well-accident-1.580356
- Texas mayor offers warning about natural gas drilling (The Ithaca Journal)
http://www.theithacajournal.com/article/20100218/NEWS01/2180426/-
1/news11/Texas+mayor+offers+warning+about+natural+gas+drilling
- Chesapeake, Schlumberger fined for acid spill during fracking (The Ithaca Journal)
http://www.theithacajournal.com/article/20091207/NEWS01/912070353/-
1/news11/Chesapeake++Schlumberger+fined+for+acid+spill+during+fracking
-Man killed by fall off Towanda drilling rig (Pittsburgh Post Gazette)
http://www.stargazette.com/article/20100312/NEWS01/100312003/Man-killed-by-fall-off-Towanda-
drilling-rig
- Natural gas fire under control (Pittsburgh Post Gazette)
http://www.post-gazette.com/pg/10090/1046952-100.stm
NOTE: These articles can be found in Appendix I of the binder.
Fire and Police Coverage in Tioga County
Tioga County emergency management officials and municipal leaders will want to be prepared to
effectively respond to an emergency at a gas pad or on the many public roads used to access the gas pads
that wind through the County. Figures 8.1 and 8.2 display the distances to fire stations and police stations,
respectively, in the County, and illustrate the service coverage based on a 3-mile radius from the stations.
The utility of these types of coverage maps include:
Understanding the location of all stations in relation to municipal boundaries and other stations.
Highlighting and potential gaps in service coverage in areas that may be located outside the
multiple 3-mile radii.
Planning for emergencies by overlaying the location of the new gas pads (when they are
eventually drilled) in relation to the location of the fire and police stations. The emergency
management officer will then be able to recognize which gas pads or other related facilities are at
the highest risk based on their distance from emergency response services.
Facilitating conversation between emergency response departments about ways to close potential
coverage gaps, and between local government officials about the coordination of services across
the County.
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The maps in Figures 8.1 and 8.2 should be used as models of the types of maps that can be created by
Tioga GIS and shared with the emergency management officers once gas pads and the supportive
infrastructure are installed.
Figure 8.1: Distances to Fire Stations in Tioga County (Tioga GIS).
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Figure 8.2: Distances to law enforcement agencies in Tioga County (Tioga GIS).
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Reporting Spills
What to do:
Accidental releases of petroleum, toxic chemicals, gases, and other hazardous materials, even in relatively
small amounts, have the potential to endanger public health and contaminate groundwater, surface water,
and soils. Two federal hotlines provide a means of reporting spills.
A spill should be reported if any of the following criteria are met:
The quantity is known to be more than 5 gallons; and
The spill is uncontained and not under the control of the spiller; and
The spill has or will reach the State's water or any land; and
The spill is not cleaned up within 2 hours of discovery.
When reporting a spill the following information is the most important to describe:
The location of the event
The date of the event
The time of the event
Who, if anyone, you interacted with during the event
Photos and videos are effective ways to document observations when accompanied with the date and time
the photo or video was taken. EPA will accept digital copies as well as prints, cassettes, and CD-ROM
disks.
Observations should also include:
Information about the activity taking place, including description of equipment and materials
involved
A description of vehicles (color, type of vehicle, company name or logo, license plate number)
Where material was discharged (physical location and stream name, if known)
Any environmental impacts you see: discoloration, dying vegetation, dead fish or other wildlife
Hotlines
Federal Environmental Protection Agency
EPA ―Eyes on Drilling‖ is designed for citizens to report non-emergency suspicious activity related to oil
and natural gas development. The toll free tip line number is (877) 919-4372. Citizens may also send
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Chapter 8: Public Safety
reports by email to [email protected], or send written notes to EPA Region 3, 1650 Arch Street
(3CEOO), Philadelphia, PA 19103-2029. Tips may be provided anonymously.
National Response Center is designed for reports of spills or releases of hazardous material, including oil,
that present an emergency. The toll free number is (800) 424-8802.
New York State Department of Environmental Conservation
New York State Spill Hotline's toll free number is (800) 457-7362.
This hotline connects to the office of the NYSDEC.
Tioga County Soil and Water Conservation District
In addition, the Tioga County Soil and Water Conservation District should also be notified:
183 Corporate Drive
Owego, New York 13827
Telephone: (607) 687-3553 or (607) 687-2240
Fax: (607) 687-9440
Office Hours: 8:00 AM to 4:30 PM
Email: [email protected]
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CHAPTER 9
INFORMATION FOR GAS
COMPANIES
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Chapter 9: Information for Gas Companies
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Chapter 9: Information for Gas Companies
Chapter 9: Information for Gas Companies
Introduction
This chapter provides the natural gas industry, and other heavy industries, with information that can
increase the safety of their employees and the citizens of Tioga County. The chapter currently includes
information on hunting in Tioga County that may help workers in remote parts of the County protect
themselves during hunting season. As natural gas and other industrial development progresses in Tioga
County, this chapter will expand as new relevant concerns are made apparent.
Contained in this chapter:
Hunting
o Turkey
o Big Game
o Small Game
Template for Handout to Gas Companies Regarding Safety During Hunting Season
Hunting
Tioga County is famous for its recreational hunting. Many natural gas industry related sites may be near
hunting areas. Providing gas companies with information on local hunting seasons can prevent hunting-
related accidents. This section includes the general dates and rules for hunting seasons in New York State,
followed by a template for a handout that can be distributed to gas companies about the safety of their
personnel during hunting season.
Turkey
The turkey-hunting season in New York is divided into spring and fall. The dates for fall turkey season
vary by region. Check (http://www.dec.ny.gov/outdoor/29461.html) for specific dates. The spring turkey
season is from May 1 to May 31 for all of New York State.
Hunting hours depend on the season. In the spring, hunting hours are one-half-hour before sunrise to
noon. In the fall, hunting hours are from sunrise to sunset.
Big Game
Game: Deer & Bear
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Chapter 9: Information for Gas Companies
Bowhunting Season: Deer and Bear - The Saturday following the
second Monday in October (Columbus Day)
through the day prior to the opening of the
regular Southern Zone deer season, and 9 days
immediately following the close of the regular
deer season.
Regular Season: Deer - 23 days beginning the third Saturday of
November
Bear, Central-Western - The first Saturday
after the opening of the Southern Zone regular
deer season through the end of the Southern
Zone regular deer season (directly above).
Muzzleloading Season: Muzzleloading season for deer and bear is
―[t]he 9 days immediately following the close
of the regular deer season‖
(NOTE: For deer there may be additional
muzzleloading hunting opportunity at other
times, but the timing and other factors may
vary. Additional information will be available
when licenses go on sale in August.)
Hours: Sunrise-Sunset
(http://www.dec.ny.gov/outdoor/10002.html).
Small Game
Small game includes rabbits, squirrels, and game birds (such as pheasant, grouse, and quail). Seasons vary
depending on animal. Rabbit season is from October to February, and squirrel season is September to
February.
(http://www.dec.ny.gov/outdoor/28634.html)
Template for Handout to Gas Companies Regarding Safety during
Hunting Season
Background:
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Chapter 9: Information for Gas Companies
Tioga County boasts some of the ―top whitetail deer, wild turkey and small game in New York State‖
(www.visittioga.com). Because the county has numerous wildlife hunting preserves for recreational
hunters, it is important to take the necessary safety precautions when working near hunting grounds
during hunting season.
Hunting Season Periods:
[Each year's dates would be retrieved from the DEC website.]
Turkey: From [insert date] to [insert date]
Big Game (black bear, deer):
1) Bowhunting Season: From [insert date] to [insert date]
2) Regular Season: From [insert date] to [insert date]
3) Muzzleloading Season: From [insert date] to [insert date]
Small Game:
1) Cottontail rabbit: From [insert date] to [insert date]
2) Frogs: From June 15 to September 30
3) Turtles: From July 15 to September 30
4) Pheasant: From [insert date] to [insert date]
5) Ruffed grouse: From [insert date] to [insert date]
6) Squirrel: From [insert date] to [insert date]
Safety Procedures and precautions when working near hunting grounds:
- Wear brightly colored clothing: Make yourself visible by wearing bright colors, such as blaze orange.
Avoid wearing earth-tones.
- Make noise: Alert hunters to your presence by talking, singing or whistling.
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Chapter 9: Information for Gas Companies
- Make your presence known: If you hear someone shooting, let the hunters know you are in the area by
raising your voice.
- The last two procedures are of little importance to an operating drill pad, as sufficient noise is being
generated 24 hours a day. It is important for surveyors, pipeline inspectors, loggers, and any other
individuals operating by themselves or in very small teams to know the dates of hunting seasons for the
states in which they are operating in and apply proper safety procedures to their given situation.
Hunting Grounds by Municipality:
[To be identified on a municipality-by-municipality basis.]
Important:
Even if a location is not listed as a "hunting ground," it is suggested that you follow the safety procedures
when working in remote locations
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Chapter 10: Conclusion
Chapter 10: Conclusion
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Chapter 10: Conclusion
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Chapter 10: Conclusion
Chapter 10: Conclusion
This binder is not comprehensive in its coverage. More aspects of gas drilling in the Marcellus Shale need
to be researched. Because of rapidly changing technology, geologic differences across the region, and
changes in energy policy and regulation, natural gas drilling will require constant monitoring by local
governments. There are aspects that may never be understood in their entirety. This chapter identifies the
areas which still need to be examined in order to grasp the potential impact of gas drilling for
communities.
Economic Impacts
The economic impacts associated with drilling in the Marcellus Shale still require analysis. Communities
in economically disadvantaged areas frequently expect drilling to be a great economic boom; however,
the economics of the effects of natural gas exploration on communities is very complex. An economic
analysis must include not only the impact of gas-related investments, but the costs and benefits associated
with the impacts on schools, public health, transportation systems, agriculture, and tourism. As the
development of gas drilling in the Marcellus Shale region continues to grow, it will be pivotal to take into
account, not only the environmental impacts, but also the economic impacts associated with gas drilling, a
summation of both positive and negative factors.
Land Value
The effect of gas drilling on houses and land values in the communities needs to be examined. The
complexities and nuances of lease agreements regarding land use, mineral rights, royalties, and property
owner rights can greatly impact land values. Large scale gas development can raise or lower land values;
a likely outcome is that gas development could both raise and lower land values on a case by case basis.
Securing favorable lease agreements and staying informed about local gas development is important to
protecting and maximizing the value of homes and land in an uncertain future.
Housing
As the gas industry and its workers come into municipalities, housing will become an issue. Most
immediately, the question of where the temporary employees would reside needs to be answered. Rent
may increase as gas workers compete for the limited existing rental units. This may eventually displace
long-term renters (residents) of Tioga. The permitting and construction of accessory dwelling units (in
attics or above garages) may create the necessary temporary housing Tioga will need and create some
income for existing residents. In addition, the location and regulation of man camps (temporary/semi-
permanent worker housing) will need to be considered.
Taxation
More research will be required on how drilling-related activities will be taxed. Increased tax revenue from
new industrial activity is a potential boon for schools, roads, and other public services and infrastructure.
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Chapter 10: Conclusion
A thorough study of taxation and the Marcellus Shale should examine state and county tax policies that
will affect municipal powers of taxation. A major potential issue is whether gas should be taxed under
severance taxes, which accrue to the state, or property taxes, which accrue to municipalities.
Public Sector Capacity
The demands placed upon the public sector by gas drilling will likely exceed the current capacity of local
governments in terms of both staffing and funding. Municipalities may need to seek an increase in
budgets. They can apply for outside grant funding or request assistance from drilling companies.
Communities may not be prepared to deal with the pace of development. They will likely need more staff
to improve communications between departments, listen to citizens’ concerns, provide information for the
industry, fulfill state requests, respond to emergencies, and develop plans.
Fees Charged by Municipality
This Binder contains a number of ordinances and suggested fees. Fee amounts need to be reviewed and
revised by each municipality when ordinance adoption is considered. To determine more appropriate fees,
municipalities should do further research for proposed and existing ordinances. Additionally, existing fees
for services currently provided should be examined. Gas industry researchers may stress municipalities
with requests for copies and GIS data. The County and municipalities should examine what fees are
currently charged and determine – before drilling begins – whether they cover the costs of the effort
associated with photocopying, assembling the data, etc. Usually, municipalities don’t ―revisit‖ fees on a
regular basis, even though salaries, printing costs, postage, etc., rise on an annual basis.
Regional Impacts
Drilling is already affecting Tioga County indirectly, and the impact of development external to the
County will only increase. Tioga County may develop certain contracts with companies that deal with
road usage, but local governments should be aware that these roads may be accessible and used by
companies that are drilling outside of Tioga. Multilateral, cross-county/municipality agreements for road
and other uses should be researched.
Roads
Municipalities and counties throughout the Southern Tier and the Northern Tier of Pennsylvania are
currently in the process of planning for and reacting to the costs associated with road damages from wind
and natural gas industry activities. It is therefore strongly recommended that municipal officials and
highway superintendents continually seek out developments that will help them better prepare for
increased road use and repair costs. This could be as simple as performing searches on the Internet for
such key phrases such as ―road ordinances New York‖ or ―road use agreements New York‖, etc. Using the
results of such searches, local public officials and industry professionals can be identified and contacted
for further information.
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Chapter 11: Resources and References
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Chapter 11: Resources and References
Chapter 11: Resources and References
This chapter highlights useful resources on the Marcellus Shale and cites works referred to in the
Resource Binder. The first half of this chapter describes websites that can be useful to municipalities and
landowners. These websites contain general and specific information related to gas drilling. Resources
that are mentioned throughout the text, such as the dSGEIS, are also included here.
The second half of the chapter lists works referred to in the Binder. These references are drawn from a
variety of sources including websites, reports, interviews, etc. References are organized by Binder
chapters. Some internal citations refer to interviews. These interviews are listed in Appendix A.
Useful resources on the Marcellus Shale and gas drilling
a. New York State Department of Environmental Conservation
a. http://www.dec.ny.gov/energy/205.html
a. Information about oil and gas drilling in NY
a. Oil and gas production data
b. Well owner information center
c. Environmental protection during drilling
d. Geographic information on NYS wells and mines
b. http://www.dec.ny.gov/energy/46288.html
a. Map of Marcellus Shale Formation
b. General information on Marcellus Shale and gas development
c. Updates on Federal Safe Drinking Water Act, Emergency Planning, and Community
Right-to-Know Act
d. Draft Supplemental Generic Environmental Impact Statement (dSGEIS) for horizontal
drilling and hydraulic fracturing
b. Pennsylvania State Department of Environmental Protection
a. http://www.dep.state.pa.us/dep/deputate/minres/oilgas/new_forms/marcellus/marcellus.htm
a. Information on the Marcellus Shale for landowners and oil & gas industry
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Chapter 11: Resources and References
c. Cornell Cooperative Extension Natural Gas Development Resource Center
a. http://cce.cornell.edu/Community/NaturalGasDev/Pages/default.aspx
a. Information on the Marcellus Shale from a variety of sources, including academic
research, industry analysis, local government officials and citizens
a. About the Marcellus Shale
b. Community task forces
c. Landowner information
d. Business and industry resources
e. The Marcellus Shale and the environment
f. The Marcellus Shale and the economy
g. Cornell Marcellus Shale team
d. Penn State Cooperative Extension- Natural Gas and Marcellus Shale
a. http://naturalgas.extension.psu.edu/
a. Natural gas impacts
a. Penn State Cooperative Extension's educational and research materials about
Marcellus Shale, natural gas, and how it may affect the Commonwealth
e. Pennsylvania College of Technology- Marcellus Education and Training Center
a. http://www.pct.edu/msetc/
a. Central resource for workforce development and community education needs related to
Marcellus Shale gas
a. Needs assessment on Marcellus Shale
f. New York State Energy Plan
a. http://www.nysenergyplan.com/stateenergyplan.html
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Chapter 11: Resources and References
a. Objectives, strategies, assessments, briefs, and supporting documents on NYS energy
plan
g. Tioga Investigate Natural Gas (TING)
a. http://tiogacountyny.com/ting/
a. Information regarding natural gas drilling:
a. Potential issues and opportunities
b. TING press release
c. NY state legislative updates
d. Maps
e. County task forces overview
h. Tioga County Landowners Group
a. http://www.tiogagaslease.org/
a. A landowner’s coalition for residents of Tioga County. Emphasis on lease strengthening
and protection of private resources while drilling for natural gas in the Marcellus Shale
i. Oil and Gas Journal
a. http://www.ogj.com/index.html
a. Contains industry specific, data intensive publication on oil and gas related subjects
j. Shaleshock Alliance
a. http://www.shaleshock.org/
a. Shaleshock Action Alliance is a movement that works toward protecting local
communities and their environment from exploitative gas drilling in the Marcellus Shale
region. Shaleshock is an alliance of working groups that include people who have signed
leases, not signed leases, who have been compulsorily integrated, and people who don’t
own land.
k. Geology.com
a. http://geology.com/articles/marcellus-leases-royalties.shtml
a. Provides dozens of links to relevant sites such as gas leasing forums, job opportunities,
drilling company web sites, and video presentations.
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Chapter 11: Resources and References
l. CNY Land Coalition
a. http://www.cnylandcoalition.org/drupal/
a. The Coalition represents 3 central New York Counties.
m. Marcellus Shale Coalition
a. http://www.pamarcellus.com/
a. Describes Marcellus Shale in development through 4 stages
a. Process
a. Discusses the production process, leasing, exploration, drilling, casting a well,
fracture stimulations, and information on well pad restoration.
b. Protection
a. Overviews on common environmental concerns.
c. Opportunity
a. Describes the economic development and opportunities that follows the industry.
d. Community
a. Overviews the Marcellus Shale Coalition and its commitment to community, land
owners, and targeting local needs.
n. Twin Tiers Help Wanted
a. http://regionalhelpwanted.com/twin-tiers-jobs/
a. Provides employment opportunities in the Twin Tiers area of New York and
Pennsylvania.
References
Drilling Process Overview
1. Jacquet, Jeffery (2009) Boomtowns and Natural Gas: Implications for the Marcellus
Shale, Local Governments, and Rural Communities. NERCRD Rural Development Paper
#43. Penn. State University
Intergovernmental Communications
1. Department of Environmental Conservation. (2009). DEC Proposes New Safety
Measures, Mitigation Strategies to Govern Potential Marcellus Shale Drilling.
Retrieved on April 15, 2010 from http://www.dec.ny.gov/press/58472.html
2. Department of Environmental Conservation. (2010). Effect of Federal Safe Drinking
Water Act, Clean Water Act and Emergency Planning and Community Right-to-
Know Act. Retrieved on April 14, 2010 from
http://www.dec.ny.gov/energy/46445.html
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Chapter 11: Resources and References
3. Howell, K. (2010). EPA begins study of fracturing’s effects on water supplies. New
York Times. Retrieved on April 15, 2010 from
http://www.nytimes.com/gwire/2010/03/18/18greenwire-epa-begins-study-of-
fracturings-effects-on-wat-76992.html?scp=3&sq=hydraulic%20fracturing&st=csell
Environment
1. New York State Department of Environmental Conservation. (2010). Critical
Environmental Areas. Retrieved February 2010, from New York State Department of
Environmental Conservation: http://www.dec.ny.gov/permits/45500.html
Defines Critical Environmental Areas (CEAs) and the 4 criteria for CEA
designations. Provides background information regarding animals, plants, aquatic
life and environmental policies in New York State.
2. Weaver, J. (April 8, 2009). Planning Commision. Retrieved January 25, 2010, from Tioga
County, Pennsylvania: http://www.seda-cog.org/tioga/cwp/view.asp?A=903&Q=431441
Contains the goals of zoning in Tioga County in PA. Lists important factors that
are considered when implementing county-wide zoning and ordinances, which is
part of the Tioga County Comprehensive Plan. Tioga County Planning
Commission plans to introduce zoning to towns and villages that do not currently
have zoning. Discusses the pre-emption clause in the Oil & Gas Act of 1984 that
prevents the county from implementing ordinances that specifically address the
natural gas industry.
3. City of Fort Worth, Texas
Zoning guidelines for industrial districts- City of Fort Worth, Texas. (n.d.). Fort
Worth Zoning Ordinance. Retrieved February 10, 2010, from Fort Worth:
http://www.fortworthgov.org/zoning/section_243016655453.html
Regulation on distribution line and natural gas compressor stations in Fort Worth,
Texas- City of Fort Worth, Texas. (n.d.). Development Regulations. Retrieved
March 1, 2010, from Fort Worth:
http://www.fortworthgov.org/planninganddevelopment/misc.aspx?id=57932
Contains Fort Worth's ordinances on noise, tree preservation, and zoning- City of
Fort Worth, Texas. (n.d.). Ordinances. Retrieved February 20, 2010, from Fort
Worth: http://www.fortworthgov.org/zoning/section_243017041859.html
4. Chalk, J. A. (2009). Light, Noise, Vibration- Nuisance? Retrieved February 20, 2010,
from Basin Oil & Gas: http://www.fwbog.com/index.php?page=article&article=15
Describes how a Texas court defined drilling as a nuisance. In Texas complaints
of interference or invasion must be found by an appropriate court to be (1)
negligent, or (2) intentional or unreasonable, or (3) abnormal and out of place in
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Chapter 11: Resources and References
its surroundings. It takes one of these three kinds of conduct - negligent or
intentional or abnormal - for a nuisance to be found. This kind of interference or
invasion must also substantially interfere with the complainant’s private use and
enjoyment of the property in question and must cause injury to the complainant.
5. General Code. (2009). E-Codes - Municipal Codes on the Internet. Retrieved February
20, 2010, from General Code: http://www.generalcode.com/Webcode2.html
An online database of municipal codes. Ordinances can be searched by county or
municipality.
6. Tompkins County Council of Governments. (n.d.). Gas Drilling Information. Retrieved
February 20, 2010, from Tompkins County Council of Governments:
http://www.tompkins-co.org/legislature/TCCOG/
Tompkins County Council of Governments' minutes from meetings. Links to
resources and presentations on gas drilling.
7. US Government. (n.d.). US Law. Retrieved February 20, 2010, from Justia.com:
http://law.justia.com/index.html
Site on New York State codes.
8. New England Light Pollution Advisory Group. (n.d.). The New England Light Pollution
Advisory Group. Retrieved February 20, 2010, from NELPAG:
http://www.cfa.harvard.edu/nelpag/nelpag.html
This is the new website of NELPAG
9. Memtech: http://www.memtechacoustical.com/facts.asp
10. Unger Technologies Inc.: http://www.enoisecontrol.com/default.asp
11. Noise Pollution Clearinghouse : http://www.nonoise.org/
- A national non-profit organization with extensive online noise related resources
Noise Ordinances: http://www.nonoise.org/lawlib/cities/cities.htm
12. DEC Report: http://www.dec.ny.gov/docs/permits_ej_operations_pdf/noise2000.pdf
13. EPA Definition of Noise Pollution: http://www.epa.gov/air/noise.html
14. The Right to Quiet Society: http://www.quiet.org/index.htm
15. US Department of Transportation:
http://www.fhwa.dot.gov/environment/visql/visql02.htm
16. http://www.fhwa.dot.gov/environment/visql/visql04.htm
17. http://www.fhwa.dot.gov/environment/noise/handbook/09.htm
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Chapter 11: Resources and References
18. Source: http://www.fhwa.dot.gov/environment/noise/handbook/05a.htm
19. http://www.fhwa.dot.gov/environment/noise/design/4.htm
.
Water Quality
1. Arthur, D. (2008). Hydraulic Fracturing Considerations for Natural Gas Wells of the
Marcellus Shale. 2008: ALL Consulting
Examines history and evolution of hydraulic fracturing, including environmental
and regulatory considerations.
2. Augenstern, R. (2008). Observations concerning the role of local government in relation
to natural gas exploration and production in the Marcellus Shale in the southern tier east
region of New York State. Binghamton: Southern Tier East Regional Planning
Development Board
Explores the various roles which local government may play in responding to
issues that may emerge in the exploration for and development of the natural gas
resources of the Marcellus Shale formation.
3. Environmental Protection Agency. (2007). Data sondes. Retrieved April 10, 2010 from
http://www.epa.gov/region1/lab/reportsdocuments/wadeable/equipment/sondes.html
4. Environmental Protection Agency. (2010). Clinton Street Ballpark Aquifer System.
Retrieved April 10, 2010 from
http://www.epa.gov/region02/water/aquifer/clinton/fr_clint.htm
5. Johnson, D. (2000). A Template for Preparing Wellhead Protection Plans for Municipal
Wells. Wisconsin Dept of Natural Resources.
Describes the steps involved in creating a wellhead protection plan.
6. William Kappel, personal communication, February 17, 2010
7. Murphy, S. (2007). BASIN water quality terminology. Retrieved April 10, 2010 from
http://bcn.boulder.co.us/basin/natural/wqterms.html.
8. NOAA, Office of Ocean Exploration and Research. (February 24, 2006). NOAA.
Retrieved April 28, 2010, from Ocean Explorer:
http://oceanexplorer.noaa.gov/technology/tools/sonde_ctd/sondectd.html
Explains the use of different water monitoring systems such as sondes and CTD.
9. Penningroth, S. (2009). Documenting Contamination of Private Water Supplies by Gas
Well Drilling in New York State. Retrieved on April 15, 2010 from
http://www.communityscience.org/gaswells.html
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Chapter 11: Resources and References
10. Reynolds, R. (2003). USGS. Retrieved April 28, 2010, from Hydrogeology of the
Waverly-Sayre area in Tioga and Chemung Counties, New York and Bradford County,
Pennsylvania: http://ny.water.usgs.gov/pubs/of/of02284
Summarizes the hydro-geology of a 135 sq. mi. area in Waverly in a set of 5
maps and geologic sections.
11. Ritter, M. (2006). The Physical Environment: an Introduction to Physical Geography.
Retrieved April 28, 2010, from
http://www.uwsp.edu/geo/faculty/ritter/geog101/textbook/title_page.html
Contains extensive information of physical geology through the use of text,
image, audio, and video.
12. USEPA. (August 28, 2009). Retrieved April 28, 2010 from Region 2 Water: Sole Source
Aquifers: http://www.epa.gov/region02/water/aquifer/
Explains the purpose of sole source aquifers.
13. USEPA. (August 8, 2007). USEPA: New England Wadeable Streams (NEWS). Retrieved
April 28, 2010. from Data Sondes:
http://www.epa.gov/region1/lab/reportsdocuments/wadeable/equipment/sondes.html
Explains the usage of data sondes and their significance to biological ecosystems.
14. USEPA.gov. Retrieved April 2, 2010, from
http://www.epa.gov/owow/nps/ordinance/mol7.htm
Includes the EPA Model Groundwater Overlay District Ordinance. This provides
the language for establishing overlay zones.
15. U.S. Geological Survey. (2010). Common water measurements. Retrieved from
http://ga.water.usgs.gov/edu/characteristics.html.
Roads
1. Armendariz, A., & Alvarez, R. (2009). Emissions from a natural gas production in the
Barnett Shale Area and opportunities for cost effective improvements. Austin, Texas:
Environmental Defense Fund.
The objectives of this study were to: (1) estimate emissions of volatile organic
compounds, nitrogen oxides, hazardous air pollutants, methane, carbon dioxide,
and nitrous oxide [from drilling activities in the Barnett Shale region; (2)
evaluate the current state of regulatory controls and engineering techniques used
to control emissions from the oil and gas sector in the Barnett Shale; (3) identify
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new approaches that can be taken to reduce emissions from Barnett Shale
activities; and (4) estimate the emissions reductions and cost effectiveness of
implementation of new emission reduction methods
2. Bruno, L. (March 18, 2010). Schoharie County Planning and Development. Retrieved
April 3, 2010, from Scoharie County Web Site: http://www.schohariecounty-
ny.gov/CountyWebSite/Planning/ModelRoadPreservationLaw.pdf
This is a model road preservation ordinance drafted by Scoharie County Senior
Planner Lillian Bruno.
3. Messmer, S. (March 29, 2010). Engineer. (M. Roberts, Interviewer)
This was a non-formal interview of Steve Messmer and his associate Robert
Harner. Both are engineers for Delta Engineers of Endicott, NY, and have worked
extensively with drafting road use agreements and road protection ordinances for
municipalities and counties
4. Messmer, P. (March 26, 2010). Marcellus Shale Drilling and Protecting Your Roads.
5. Michigan Technological University. (n.d.). School of Forest Resources and
Environmental Science: Class Forms and Documents. Retrieved March 20, 2010, from
Michigan Technological University: School of Forest Resources and Environmental
Science Home: http://ferm.mtu.edu/resources.php#f
This is a model road use agreement drafted by Michigan Technological
University's School of Forest Resources and Environmental Science.
6. Orr, D. (March 3, 2010). Senior Engineer of Cornell Local Roads Program. (M. Roberts,
Interviewer)
Interview about the services provided by the Cornell Local Roads Program.
7. Orr, D. (January 20, 2010). Municipal Officials' Information: Preserving Municipal
Roads: What are Your Options? Retrieved February 19, 2010, from Cornell Cooperative
Extension: Community and Economic Vitality:
http://cce.cornell.edu/Community/NaturalGasDev/Pages/MunicipalOfficials'Information.
aspx
This is a PDF version of a power point presentation that David Orr gave at New
York State's County Highway Superintendents Association winter meeting
8. Town of Poulteney Building Department. Retrieved February 21, 2010, from Town of
Poulteney: http://www.poulteneyny.com/downloads/building/Zoning%20Regulations.pdf
A complete listing of ordinances and codes for the Town of Poulteney.
Public Safety
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Chapter 11: Resources and References
1. Colborn, T. (October 31, 2007). Written testimony of Theo Colborn, PhD, President of
TEDX, Paonia, Colorado before the House Committee on Oversight and Government
Reform, hearing on The Applicability of Federal Requirements to Protect Public Health
and the Environment from Oil and Gas D. Retrieved March 10, 2010, from
www.ombwatch.org:
http://s3.amazonaws.com/propublica/assets/natural_gas/colburn_testimony_071025.pdf
2. Crompton, J. (March 31, 2010). Natural gas fire under control . Retrieved April 4, 2010,
from Pittsburgh Post-Gazette: http://www.post-gazette.com/pg/10090/1046952-100.stm
News article on how Washington County handled a natural gas fire.
3. Loewenstein, J. (February 26, 2010). Gary Wilcox hired as Bradford County public safety
director. Retrieved March 10, 2010, from Towanda Daily Review:
http://thedailyreview.com/news/questions-remain-in-gas-well-accident-1.580356
News article stating the frequency of gas well related accidents.
4. Lustgarten, A. (November 13, 2008). Buried Secrets: Is Natural Gas Drilling
Endangering U.S. Water Supplies? Retrieved March 10, 2010, from ProPublica.org:
http://www.propublica.org/feature/buried-secrets-is-natural-gas-drilling-endangering-us-
water-supplies-1113
Comprehensive report outlining the established underground dangers of natural
gas drilling
5. Noell, N. (December 14, 2009). In Bradford County more than 800 gallons of a
hydrochloric acid spilled in 2009. Retrieved March 10, 2010, from Natural Gas Policy
Examiner: http://www.examiner.com/x-28020-Natural-Gas-Policy-
Examiner~y2009m12d14-In-Bradford-County-more-than-800-gallons-of-a-hydrochloric-
acid-spilled-in-2009
News article showing statistics of hydrochloric acid spills in Bradford County.
6. Smith-Heavenrich, S. (April 9, 2009). Tioga County EMS and Fire Prepare for Gas
Drilling. Retrieved March 10, 2010, from Tiogagaslease.org:
http://www.tiogagaslease.org/images/BVW_09_04_09.pdf
News article describing how Tioga County is preparing for EMS and fire
emergency that can arise from gas drilling.
7. Stargazette. (December 3, 2010). Man killed by fall off Towanda drilling rig . Retrieved
March 15, 2010, from The Elmira Star Gazette:
http://www.stargazette.com/article/20100312/NEWS01/100312003/Man-killed-by-fall-
off-Towanda-drilling-rig
News article describing an accident that occurred in a drilling rig.
8. Wilber, T. (February 18, 2010). Texas mayor offers warning about natural gas drilling.
Retrieved March 12, 2010, from The Ithaca Journal:
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Chapter 11: Resources and References
http://www.theithacajournal.com/article/20100218/NEWS01/2180426/-
1/news11/Texas+mayor+offers+warning+about+natural+gas+drilling
News article on Calvin Tillman, Mayor of Dish, Texas, talking about the town’s
experiences with gas drilling.
Workforce
1. Marcellus Shale Education & Training Center (MSETC). (2009). Marcellus Shale Workforce
Needs Assessment. Williamsport: Pennsylvania College of Technology.
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Chapter 11: Resources and References
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Appendix
Appendix
R
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Appendix A: Interviewees and Speakers
Appendix A: Interviewees and Speakers
Below is a list of interviews conducted by the Workshop and speakers who came to the class.
Interviewee/ Speaker Date Phone Email Organization
Andy Fagan1/28/2010
2/13/[email protected]
TING Steering Committee/ Cornell
Cooperative Extension
Elaine Jardine 2/11/2010 [email protected] Tioga County Planning Department
Brian Davis 2/13/2010 [email protected], PA County Planning
Department
Kevin Millar 2/13/2010 [email protected] TING Environmental Subcommittee
George Franz 2/13/2010 [email protected] City and Regional Planning
Department
Anthony Ingraffea2/18/2010
3/11/2010(607) 255-3336 [email protected] Cornell School of Engineering
Susan Christopherson 2/23/2010 [email protected] City and Regional Planning
Department
Mike Atchie 3/4/2010 (607) 846-3143 [email protected] energy, former
Binghamton planner
Brad Gill 3/4/2010 (716) 627-4250 [email protected] IOGA NY: Executive Director
CCE Regional Task
Force Meeting 3/4/[email protected] Cornell Cooperative Extension
Gary Howard 3/8/2010 (607) 687-1010 Tioga County Sheriff
Richard LeCount 3/8/2010 (607) 687-2023 [email protected] Emergency Management
Director
John Scott 3/8/2010 (607) 687-8467 [email protected] Fire Coordinator
David Orr 3/8/2010 [email protected] Cornell Local Roads Program
Helen Slottje 3/11/2010 (270) 677-5935 Attorney
Rod Howe 3/12/2010 (607) 255-2170 [email protected] Cornell Cooperative Extension
Wendy Walsh and
Brooke Eiche3/24/2010
[email protected] Environmental Subcommittee
Dan Trantham 4/1/2010 (479) 785-3524 Eagle One Transportation
Debra Nelson 4/1/2010 (518) 485-5479 NYS Department of Transportation
John Martin 4/5/2010(518) 862-1090
[email protected] NYSERDA
Robert Harner and
Steven Messmer4/5/2010 [email protected]
Delta Engineers, Architects, and Land
Surveyors
TING Steering
Committee4/16/2010
[email protected] Steering Committee
Ron Dougherty 4/19/2010 [email protected] TING Steering Committee
Berkshire Town Board
Meeting 4/19/2010 (207) 657-8678Berkshire Town Board
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Appendix B: New York State Water Quality Standards
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Appendix B: New York State Water Quality Standards
Appendix B: New York State Water Quality Standards
OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW
YORK
TITLE 10.DEPARTMENT OF HEALTH
CHAPTER III.PUBLIC WATER SUPPLIES
SUBCHAPTER C. WATER SUPPLY SOURCES
PART 170. SOURCES OF WATER SUPPLY
Current through February 15, 2010.
* Section 170.4.* Standards of raw water quality.
Every source of water supply to which this Part is applicable shall meet the standards of quality
hereinafter set forth and shall be protected from and free of contamination.
Items & Specifications
1. Floating solids: None attributable to sewage, industrial wastes or other settleable solids, wastes, oil,
sludge deposits, or tastes or odor producing substances
2. Sewage or waste: None which are not effectively disinfected.
3. pH: Range between 6.5 and 8.5.
4. Dissolved oxygen: For trout waters, greater than 5.0 parts per million; for nontrout waters greater than
4.0 parts per million.
5. Toxic wastes, oil: None alone or in combination with other substances or deleterious wastes in
sufficient amounts or at such temperatures substances, colored as to make the waters unsafe or unsuitable
as a source or other wastes or of water supply for drinking, culinary or food heated liquids processing
purposes. Provided further, that the concentration or quantity of the constituents or characteristics
hereinafter set forth shall not exceed the allowable limits established therefore.
Constituent or characteristic Allowable Units
Turbidity 5 units
Microbiological
Coliform organism 50 per 100 ml.
Inorganic chemicals (Concentration in mg/1)
Ammonia (NH2) <2.0
Arsenic (As) 0.05
Barium (Ba) 1.0
Boron (B) 1.0
CCE 0.2
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Appendix B: New York State Water Quality Standards
Cadmium (Cd) 0.01
Chloride (Cl) 250.
Chromium (Hexavalent) (Cr+6) 0.05
Copper (Cu) <0.2
Cyanide (CN) <0.1
Flouride (F) <1.5
Lead (Pb) 0.05
Mercury (Hg) 0.005
Nitrates (NO3) + Nitrates (NO2) 10.
Selenium (Se) 0.01
Silver (Ag) 0.05
Sodium (Na) <20.
Sulfate (SO4) 250.
Total dissolved solids 500.
Uranyl ion <5.0
Zinc (Zn) <0.3
Organic Chemicals (Concentration in mg/1)
Organic nitrogen 0.5
Oxygen consumed 2.0
Phenols 0.001
Pesticides
Aldrin 0.007
Chlordane 0.003
DDT 0.042
Dieldrin 0.017
Endrin 0.001
Heptachlor 0.013
Heptachlor epoxide 0.013
Herbicides 0.1
Lindane 0.053
Methoxychlor 0.065
Organic phosphates + carbamates 0.1
Toxaphene 0.005
Radioactivity (Concentration in pc/1)
Gross beta 1000.
Radium-226 3.
Strontium-90 10.
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Appendix C: USGS Baseline Testing Constituents
Appendix C: USGS Baseline Testing Constituents
(William Kappel, USGS, Email exchange on Feb 17, 2010)
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Appendix C: USGS Baseline Testing Constituents
[Abbreviations: NWQL, U.S. Geological Survey National Water Quality Laboratory; RDGL, Reston
Dissolved Gas Laboratory; GC, Gas chromatography; FID, Flame Ionization Detector; TCD, Thermal
Conductivity Detector; RSIL, Reston Stable Isotope Laboratory; TDS, total dissolved solids; DIC,
dissolved inorganic carbon.]
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Appendix D: Costs of baseline testing at Community Science Institute, Inc. in Ithaca, NY
Appendix D: Costs of baseline testing at Community Science
Institute, Inc. in Ithaca, NY
Tests for acid:
pH $10
Alkalinity $16
Tests for brine:
Total dissolved solids $15
Chloride $18
Conductivity $10
Ammonia-nitrogen $14
Tests for bulk chemicals in drilling mud:
Chemical oxygen demand (COD) $20
Total suspended solids $15
Turbidity $10
Biological oxygen demand (BOD) Redundant
Test for oil and grease:
Oil and grease optional
Tests for fracking fluid additives:
Methylene Blue Active Substances (MBAS)
(surfactants) $25
Chemical oxygen demand (COD) $20
Volatile Organic Compounds (VOCs) Optional
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Appendix D: Costs of baseline testing at Community Science Institute, Inc. in Ithaca, NY
Tests for underground chemicals released by drilling and hydraulic fracturing:
Total hardness $16
Calcium hardness $16
Barium, iron, manganese, arsenic (subcontract) $52
Gross alpha and beta radioactive particles (NORMs) (subcontract) $50
Methane (natural gas) and ethane (subcontract) $90
Chloride, conductivity (from underground pockets of brine) $18
Tests for contamination due to inadequate aquifer protection while drilling:
Total coliform and E. coli bacteria Optional
Total suspended solids, turbidity $15
Sample processing and shipping
Flat rate to process samples for subcontracting
to three other labs $25
Cost to ship samples to subcontracted labs for
analyses $25
Cost of Tests Performed by Community Science Institute, Inc Lab: $185
(Volume discounts are available)
Cost of tests sub-contracted by CSI to other labs: $242
Total Cost of Baseline Tests: $427
(Source: Community Science Institute fact sheet)
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Appendix E: Example Road Preservation Law
Appendix E: Example Road Preservation Law
This road preservation law came from the Town of Berkshire and was implemented in April of 2005.
MODEL ROAD PRESERVATION LAW
TOWN OF ______________
ROAD PRESERVATION LOCAL LAW
[DATE]
Section I – Purpose
Section II – Applicability
Section III – Definitions
Section IV – General Provisions
Section V – Fees
Section VI – Appeals
Section VII – Request for Variance
Section VIII – Invalid Segment
Section IX – Effective Date
Attachment A – Road Preservation Local Law Worksheet
1. PURPOSE
The purpose of this law is to maintain the safety and general welfare of Town residents by
regulating commercial activities that have the potential to adversely affect road right-of-ways.
Well maintained roads are important to the economic well being of the Town. Commercial
endeavors, such as timber harvesting and mining, are also economically beneficial. This law is not
intended to regulate such business: the intent is to protect the public right-of-ways from damage.
The Town Board of the Town of Berkshire hereby enacts the following Road Preservation Local
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Appendix E: Example Road Preservation Law
Law pursuant to the provisions of the Municipal Home Rule Law‖.
2. APPLICABILITY
The Berkshire Town Board delegates to the Berkshire Highway Superintendent the oversight of
assuring commercial activities do not have an adverse impact on public right-of-ways.
3. DEFINITIONS
1. Specific Contracted Activity: Commercially contracted activities between Town landowners
and commercial contractors that could impact Town road right-of- ways.
2. Bond: A commercial bond to ensure that the condition of the town roads impacted by the job is
left in as good or better condition at the completion of the job as they were at the start of the job.
3. Road Preservation Local Law Worksheet (Appendix A): Worksheet is to be completed by the
owner or contractor, summarizing the job, site location, start and completion dates, expected max
gross vehicle weight used for the contract, and any other items that the Town Highway
Superintendent deems necessary.
4. Preliminary Bond Release: A bond release given by the Town Highway
Superintendent based on satisfactory job site status at job completion.
5. Final Bond Release: Final release of the Bond by the Berkshire Town Board.
4. GENERAL PROVISIONS
1. Prior to the start of any contracted activity that could have an impact on Town right-of-ways, a
permit must be obtained. A bond amount shall be determined by the Town Board and will be
listed on the fee schedule on file with the Berkshire Town Clerk. The amount of the bond may be
changed by the Town Board by Resolution. A completed Road Preservation Local Law (RPLL)
Worksheet (Attachment A), available from the Town Clerk or Town Highway Superintendent,
must be submitted to the Highway Superintendent.
2. The Highway Superintendent will decide if the scope of work is such that a Bond is required. If
no Bond is needed, the RPLL worksheet is approved by the Superintendent and becomes the
Work Permit.
3. If the Highway Superintendent determines that a Bond is required, the bond must be paid to the
Town of Berkshire and remitted to the Town Supervisor. The Worksheet will then be approved by
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Appendix E: Example Road Preservation Law
the Highway Superintendent and becomes the Work Permit.
4. Upon completion of the contract, the contractor will apply to the Highway Superintendent for a
Preliminary Bond Release. Upon inspection of the work site, as necessary, the Highway
Superintendent may approve the release of the Bond. If the release is not approved, the
Superintendent will specifically document the tasks that must be accomplished in order for the
Bond to be released. In this case, the Contractor will remedy the specified problem(s) items and
then reapply for a Bond Release. Final Bond Release must be approved by the Town Board for re-
payment of the Bond funds.
5. If contractor does not comply and operates outside the parameters as specified on the
worksheet, any law enforcement officer or Code Enforcement Officer has the authority to shut
down the operation.
6. The landowner will be responsible for the repair of any damages that occur to the Town of
Berkshire road right-of- ways, when a project proceeds without a proper permit.
5. FEE
A non-refundable processing fee as depicted in the Town of Berkshire Fee Schedule, payable to
the Town of Berkshire, must accompany each Worksheet submitted to the Highway
Superintendent.
6. APPEALS
Contractor has the right to appeal to Berkshire Town Board.
7. REQUEST FOR VARIANCE
Request for a variance from the standards set forth in this Local Law shall be made to the
Berkshire Town Board in writing and shall contain the grounds on which the appellant relies for
requesting the variance, including allegations on any facts on which the appellant will rely. Where
the Berkshire Town Board finds that due to special circumstances of the particular case a waiver
of certain requirements as stated in Section IV is justified, then a variance may be granted. No
variance shall be granted, however, unless the town Board finds and records in its minutes that:
(a) granting the variance would be keeping the intent and spirit of this Local Law and is in the
best interests of the community,
(b) there are special circumstances involved in the particular case;
(c) denying the variance would result in undue hardship to the applicant,
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Appendix E: Example Road Preservation Law
provided that such hardship has not been self-imposed; (d) the variance is the minimum necessary
to accomplish the purpose.
8. INVALID SEGMENT
Should any section or provision of this Local Law contained herein or as amended hereafter be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
validity of the Local Law as a Whole or any part thereof-other than the part declared to be invalid.
9. EFFECTIVE DATE
This Local Law shall take effect upon filing with the State of New York.
ATTACHMENT A
ROAD PRESERVATION LAW WORKSHEET
1-Landowner: ___________________________
Address: _________________________________________________________________
Phone: ____________________
2-Work Description (logging, gravel mining, etc.): ______________________________
________________________________________________________________________
________________________________________________________________________
Work Location: ________________________________________
3-Contractor: _______________________________
Address: ________________________________________________________________
Phone: _____________________
4-Start Date: ________________
Completion Date: _____________
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Appendix E: Example Road Preservation Law
Expect maximum gross vehicle weight :__________
5-Bond Amount: _____________ Date Paid: ___________
Approval: _________________________ Date: __________
Berkshire Hwy Superintendent
6-Preliminary Bond Release Application Date: __________
7-Defincies to be repaired: ___________________________________________________
________________________________________________
8-Final Bond Release Application Date: _________________
9-Final Bond Release: ____________________ Date:____________
Berkshire Town Supervisor
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Appendix F: Example Road Use Agreement
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Appendix F: Example Road Use Agreement
Appendix F: Example Road Use Agreement
The following Road Use Agreement (RUA) came from SYD Road Limited Partnership of British
Columbia, Canada. This agreement was between Ledcor Projects Inc. (a private firm) and the British
Columbia Ministry of Energy, Mines and Petroleum Resources (a public agency). Because this is a
Canadian RUA, it is not meant to be used as-is, but instead as a resource for municipalities to construct
their own RUAs.
MODEL ROAD USE AGREEMENT
Reference Number:
THIS AGREEMENT made this __________ day of _________________, 20__
BETWEEN:
Municipality of ______________________
(hereinafter referred to as ―__________________‖ or ―________________’s‖)
-and-
_____________________ _________________________
(hereinafter referred to the ―Road User‖) Subject to the terms and conditions of this Agreement,
_____________________, insofar as it has the right to do so, grants to the Road User, its
successors, employees, agents, servants, contractors and sub-contractors, a non-exclusive license
to use _________________’s roads and bridges. In consideration of the mutual covenants and
conditions contained in this Agreement, the parties agree as follows:
1.0 Terms & Conditions
1.1 This Agreement including any attached schedules (the ―Schedules‖) and addendums (the
―Addendums‖) which are attached hereto and made part hereof, shall be the terms and conditions
as agreed to by _____________________ and Road User for the use of the Road during such
restricted period:
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Appendix F: Example Road Use Agreement
Schedules:
Schedule ―A‖ – Purpose and Rates
Addendums: [Enter other addendums here]
2.0 Consideration
2.1 The Road User agrees to pay _____________________ any sum as set forth under the
heading Fee in Schedule ―A‖ for the use of the Road. Fees shall be calculated effective from the
date specified in each Addendum.
3.0 Fees
3.1 The Road User shall pay an administrative fee of $1000 plus appropriate taxes plus 115% of
all costs incurred for monitoring traffic, carrying our bridge assessments and analyzing conditions
along the Road. The administrative fee covers all movement by the road user for a 72 hour period
as described in Schedule ―A‖. The said costs may include the costs of undertaking an independent
analysis of the proposal by the _____________________’s consulting engineers.
3.2 The _____________________ shall be entitled to charge interest on any amounts that remain
outstanding after thirty (30) days from the Road User’s receipt of any invoice at the rate of two
(2) percent per annum higher than the rate designated as the prevailing prime rate for commercial
loans as dictated by the U.S. Federal Reserve used by the _____________________, from the day
that payment is due until the day it is paid compounded monthly including interest on interest.
3.3 In the event that the _____________________ is required to collect any taxes, assessments,
fees or charges on behalf of any governmental authority including, without limitation from the
Road User with respect to any transaction occurring as a result of this Agreement, then the Road
User shall pay the amount of such taxes, assessments, fees of charges to the
_____________________, and the _____________________ shall remit those amounts to the
relevant taxing authority as required by law.
4.0 Road Restriction
4.1 The _____________________ reserves to itself the exclusive control and operation of the
Road and the Road User shall observe all load limits, speed limits, road bans, closures and
restrictions whether imposed by governmental authority or by the _____________________ if it
reasonably deems the Road conditions warrant such restrictions. To be clear,
_____________________ reserves the right to postpone or cancel the movement if conditions of
the Road change.
4.2 The _____________________ shall not be held liable for any loss or damage occurring to the
Road User as a result of the imposition of the said load limits, speed limits, road bans, closures
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Appendix F: Example Road Use Agreement
and restrictions or of the failure to give reasonable notice thereof to the Road User.
4.3 The _____________________, acting reasonably, will grant permission for travel during road
bans, closures and restrictions for emergency travel.
4.4 The Road User shall not do any act or thing or omit to do any act or thing, when using the
Road, which would in any way interfere with, interrupt or inconvenience
_____________________ or its operations or, any other persons or corporation using the Road.
4.5 If _____________________ determines that undue damage or destruction of the Road has
resulted from use of the Road by the Road User. _____________________ may:
(a) require the Road User, at its sole risk, cost and expense, to immediately restore the Road to its
previous condition; or
(b) restore the Road to its previous conditions and, immediately after receiving and invoice from
_____________________ the Road User shall reimburse _____________________ for all direct
and indirect cost incurred by _____________________ in so restoring the Road, plus and
additional 15%.
5.0 Liability & Indemnity
5.1 The _____________________ shall not be liable in any way for, and the Road User hereby
releases _____________________ from liability for any loss, expense, or damage of any nature
whatsoever, or injury or death suffered or sustained by the Road User, its affiliates its successors,
employees, agents, servants, contractors and sub-contractors arising out of or by reason of their
use of the Road including, without limiting the generality of the foregoing, any damage or injury
that may arise as a result of _____________________ failure to maintain the Road, the condition
or state of the Road.
5.2 The Road User shall use the Road entirely at his own risk and shall:
(a) be liable to _____________________ for any loss, damage and legal and other expense of any
nature whatsoever suffered, sustain or incur by the _____________________ its affiliates,
successors, employees, agents, servants, contractors and sub-contractors; and by reason of any
matter or thing arising, in contract or tort, out of or in any way directly attributable to the use of
the Road, by the Road User and its servants, agents, employees, contractors and subcontractors or
any of them, pursuant to this agreement, including without limitation any matter or thing resulting
from environmental damage or breach of any environmental legislation except when the
foregoing is a direct result of the gross negligence or willful or wanton misconduct of the
_____________________, its employees, agents, servants contractor or subcontractors. .
6.0 Arbitration
Where any controversy, dispute or disagreement between the Parties arising out of this
Agreement, other than those that are a matter of law (―Dispute‖) cannot be resolved by
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Appendix F: Example Road Use Agreement
discussions between the Parties, the Dispute will be submitted to arbitration if the Parties have not
agreed to a resolution of such Dispute on or before the expiration of thirty (30) days from the date
upon which _____________________ or the Road User has given notice to the other Party that a
Dispute has occurred.
(a) At the time notice of the Dispute is given in accordance with the immediately above, the
Chair of the Road Users Group, or an agreed uninterested executive Road User Group member, as
defined by The Road Use Agreement, executed [DATE], holding office or an executive member at
the time of the Dispute will be the arbitrator (―Arbitrator‖) to decide any Disputes. The Arbitrator
may not be a servant, agent, employee, contractor or subcontractor to any Party involved in the
Dispute, If the Chair of the Road Users Group is unable or unwilling to act as the Arbitrator and if
the Parties cannot agree on the appointment of an uninterested executive Road User Group
member within 10 days after the expiration of the 30 day period described immediately above,
either party will be entitled to make application pursuant to the Commercial Arbitration Act of
B.C. to appoint an Arbitrator.
(b) The Arbitrator will determine all of the rules and procedures of the arbitration, after hearing
presentations from the parties, keeping in mind that the parties are seeking a summary process for
the resolution of Disputes in as short a period of time as is reasonable.
(c) The Arbitrator will proceed immediately to hear and determine the question or questions in
dispute. The decision of the Arbitrator will be made within forty-five (45) days after their
appointment, subject to any reasonable delay due to unforeseen circumstances. The decisions of
the Arbitrator will be made within forty-five (45) days of the date of the notice described in the
first paragraph of this section 6.0, subject to any reasonable delay due to unforeseen
circumstances.
(d) The Arbitrator will have the power to make orders as to costs including actual reasonable legal
fees.
(e) The decision of the Arbitrator will be in writing and will be final and binding upon the Parties
as to any question or questions so submitted to Arbitration, and the Parties will be bound by such
decision and perform the terms and conditions thereof.
7.0 Traffic Control
7.1 The Road User shall have a traffic counter on the road ensuring all permitted vehicles are
accounted for. Any overweight vehicles identified that are not included in the Road Users party
should be reported to _____________________ (type of vehicle, description of load, license plate
number, trucking company and any further information that can be collected).
8.0 Insurance
8.1 It shall be the responsibility of the Road User to maintain and keep in force during the term of
this Agreement, for the benefit of the Road User, the following insurance:
a) Automobile Liability insurance covering bodily injury (including passenger hazard) and
property damage arising from the operation of owned or non-owned vehicles used on the Road in
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Appendix F: Example Road Use Agreement
the course of the Road User’s proposed operations, with inclusive limits of not less than two
million ($2,000,000) for any one incident.
b) Comprehensive General Liability Insurance covering the liability of the Road User for bodily
injury, death and property damage arising from the operations of the Road User in connection
with this Agreement (other than the operation of vehicles). The limits of this insurance shall not
be less than ten million ($10,000,000) for any one occurrence. The insurance policy will
indemnify the named insureds and the additional named insureds under the policy for any sum or
sums which the insured may become liable to pay or shall pay for bodily injury, death or property
damage or for loss of use thereof, arising out of or resulting from the operations of the Road User.
In addition to the above limits, such liability insurance will also pay all costs, charges, and
expenses in connection with any claims that may require to be contested by the insureds anywhere
within Canada.
8.2 Upon demand by the _____________________, The Road User shall provide the
_____________________ a Certificate of Insurance as evidence of the insurance required by the
preceding clause. Insurance policies referred to in para 9.1(b) above shall include a waiver of
subrogation clause in favour of the _____________________ and its agents and employees.
8.3 The Road User shall ensure that any of its agent, contractors and subcontractors that are not
covered by the insurance policies set forth in paras 9.1(a) and 9.1(b) possess insurance in
accordance with the provisions of paras 9.1(a) and 9.1(b) during those agents, contractors and
subcontractors use of the Road.
8.4 The insurance policies shall be endorsed to provide that in the event of any change that could
affect the interests of the _____________________, or in the event of their cancellation, the
insurers shall notify the _____________________ thirty (30) days prior to the effective date of
such change or cancellation.
9.0 Notices
9.1 Notices and invoices to be given under this Agreement shall be in writing and will be personal
delivered, mailed or transmitted facsimile, addressed to the parties as follows:
_____________________
[TOWN CONTACT INFORMATION]
ROAD USER:
Bus#:
Fax#:
Attention:
9.2 Either party may from time to time, change its address for service by giving notice to the other
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Appendix F: Example Road Use Agreement
party.
9.3 Any notice, invoice or other communication shall be deemed to be received by the addressee,
if delivered personally, or transmitted by facsimile, on the first business day following delivery or
transmission, or if delivered by overland mail service, on the fourth day following the day it was
mailed.
9.4 In the case of a postal disruption or an anticipated postal disruption, all notices or other
communications to be issued under this Agreement shall be either electronically transmitted or
delivered by hand.
10.0 Assignment
10.1 This Agreement is not assignable either in whole or in part.
11.0 Termination
11.1 Notwithstanding any provision to the contrary herein contained, this Agreement may be
terminated upon one (1) day written notice given by either party to the other. Upon termination of
this Agreement, all applicable rights and obligations as between the _____________________
and Road User shall terminate except for those rights acquired prior to the commencement of the
Agreement or those obligations incurred prior to the effective date of termination.
11.2 If road bans, closures and restrictions, as set out in Schedule A, are removed and remain
removed for the entire duration of the period required to move the equipment identified in
Schedule A, then the movement of this equipment during this period will not be subject to the
provisions of this Agreement.
11.2 The _____________________ shall inspect the Road prior to the termination of this
Agreement and shall notify the Road User of any damage or destruction to the Road, excluding
reasonable wear and tear, which shall be repaired in compliance with Clause 5.2.
12.0 Miscellaneous
12.1 No waiver of any breach of a covenant or provision of this Agreement shall take effect or be
binding upon a party unless it is in writing. A waiver by a party of any breach shall not limit or
affect that party’s rights with respect to any other future breach.
12.2 This Agreement as amended from time to time by agreement in writing of the parties, shall
be the entire agreement between the _____________________ and the Road User as to the
matters herein and all previous promises, representations or agreements between the parties
whether oral or written shall be deemed to have been replaced by this Agreement.
12.3 If any provision of this agreement or the application thereof to any person or circumstances
is held invalid, such invalidity shall not affect any other provisions or applications of this
agreement which can be given effect without the invalid provision or application, and to this end
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Appendix F: Example Road Use Agreement
the provisions of this agreement are severable. In lieu thereof there shall be added a provision as
similar in terms to such illegal, invalid and unenforceable provision as may be possible and be
legal, valid and enforceable.
13.0 Choice of Law
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of
New York State and laws of applicable therein. Each party irrevocably submits to the exclusive
jurisdiction of the courts of New York State The parties have executed this Agreement as of the
day and year first above written:
Per:_________________________ Per:_________________________
[HIGHWAY SUPERINTENDENT AND TOWN HERE]
SCHEDULE ‖A‖
PURPOSE & RATES
Attached to and forming part of the Road Use Agreement dated:
Effective Date:
Ledcor Reference Number:
Company Requesting:
Contact Name & Number:
Date
Equipment
Type (# of Axles)
Axle Loading
Number of Vehicles
Start Time
Finish Time
FIELD CONTACTS
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Appendix F: Example Road Use Agreement
Road Users shall comply with any reasonable conditions imposed by _____________________’s
field staff.
Shipper Contact
Name:
Phone:
Fax:
Email:
FEES:
$1000 administrative fee + applicable taxes
cost + 15% for Bridge Assessments
cost + 15% for Road monitoring services
cost + 15% for any road repair or reinstatement
_____________________’s
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Appendix G: Workforce Survey and responses for Tioga County
Appendix G: Workforce Survey and responses for Tioga County
Tioga Workforce/ EMS/ Public Safety Survey
The following survey is designed to gather information about the impacts or potential impacts from
natural gas drilling on your agency or local department’s workforce. The information gathered here will
be used by community natural gas taskforces and may be used to help determine changes over time.
Thank you very much for your participation. If you have any questions about this survey please contact
Meghan Jacquet at [email protected], or call 607-351-5896.
What is your name? John Scott
What is your email and telephone number (in case of follow up questions only, NO SPAM)?
[email protected] 607-687-8467
What is your local department agency/ department name? Tioga Bureau of Fire
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Appendix G: Workforce Survey and responses for Tioga County
In the chart below, please list the different facilities
EMS WORKFORCE
Number Voln. Full-time Part-time
Overaching
Deputy Fire Coordinator 6 6
Advanced Cardiac Life Support (ACLS) (people
hired for daytime coverage in Berkshire, Candor,
Owego, and Spencer) 55 34 21
Emergency Medical Technician (EMT) 187 128 59
Certified First Responders (CFR) 24 24
Drivers (req. certifed CFR) 223 223
Emergency Medical Services (EMS) units (fire
based or tax supported):
Apalachin 19 19
workforce breakdown
Campville 18 14 4
Salsey Valley 5 5
Lockwood 6 6
Nichols 7 7
Owego 35 33 2
South Side 7 7
Tigoa Center 10 10
Welton 7 7
Emergency Medical Services (EMS) units
(independent non-profit or not tax supported):
Berkshire (also Neward Valley and Richford) 25 24 1
Candor 23 22 1
Spancer 17 16 1
Waverly/ Greater Valley 80 0 80
Workforce
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Appendix G: Workforce Survey and responses for Tioga County
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Appendix G: Workforce Survey and responses for Tioga County
In the chart below, please list the different employee positions available in your agency, and note
the number of persons employed in that position to date:
EMS WORKFORCE
Number Voln. Full-time
Overaching
Deputy Fire Coordinator 6
Advanced Cardiac Life Support (ACLS) (people
hired for daytime coverage in Berkshire, Candor,
Owego, and Spencer)
Emergency Medical Technician (EMT)
Certified First Responders (CFR)
Drivers (req. certifed CFR)
Emergency Medical Services (EMS) units (fire
based or tax supported):
Apalachin 19 19
workforce breakdown
Campville 19 15 4
Salsey Valley 5 5
Lockwood 6 6
Nichols 7 7
Owego 35 33 2
South Side 7 7
Tigoa Center 10 10
Welton 7 7
Emergency Medical Services (EMS) units
(independent non-profit or not tax supported):
Berkshire (also Neward Valley and Richford) 16 15 1
Candor 26 25 1
Spancer 12 11 1
Waverly/ Greater Valley 80 0 80
Workforce
(*Please be as complete as possible, e.g. drivers, coordinators, office staff, technicians, etc)
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Appendix G: Workforce Survey and responses for Tioga County
Have you recently added new positions or increased the number of employees to your agency or
do you plan to do so in the future? If so, please describe below:
In the chart below please fill the total number of emergency calls for your agency before and
after natural gas development began, as well as estimate the percentage of gas-related calls?
EMS WORKFORCE
Number Voln. Full-time Part-time
Overaching
Deputy Fire Coordinator
Advanced Cardiac Life Support (ACLS) (people
hired for daytime coverage in Berkshire, Candor,
Owego, and Spencer)
Emergency Medical Technician (EMT)
Certified First Responders (CFR)
Drivers (req. certifed CFR)
Emergency Medical Services (EMS) units (fire
based or tax supported):
Apalachin * *
workforce breakdown * *
Campville * *
Salsey Valley * *
Lockwood * *
Nichols * *
Owego * *
South Side * *
Tigoa Center * *
Welton * *
Emergency Medical Services (EMS) units
(independent non-profit or not tax supported):
Berkshire (also Neward Valley and Richford) 604 604
Candor 503 503
Spancer 248 248
Waverly/ Greater Valley 1457 1457
Workforce
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Appendix G: Workforce Survey and responses for Tioga County
In the chart below please fill the total number of emergency calls/ responses/ violations for your
agency before and after natural gas development began, as well as estimate the percentage of
gas-related calls?
Fire Department
Voln. Paid
Fire Districts (13):
Apalachin Fire District 677
Berkshire Fire District 151
Candor Fire District (includes Candor and Weltonville Fire) 208
Halsey Valley Fire District 48
Lockwood Fire District 50
Lounsberry Fire District 0
Newark Valley Fire District 127
Nichols Fire District 295
Richford Fire District 48
Spencer Fire District 266
Tioga Center Fire District 448
Town of Owego Fire District (includes Campville and Southside Fire Departments) 2582
Waverly Barton Join Fire District 174
Workforce
Do you anticipate any new demands on your workforce due to the Marcellus Shale natural gas
drilling? If so, please describe below:
Yes, a slight increase in industrial type fire and EMS calls.
An increase in motor vehicle accidents involving trucks.
An increase in Haz-Mat incidents both at well sites and at motor vehicle accidents.
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Appendix G: Workforce Survey and responses for Tioga County
Tioga Workforce/ EMS/ Public Safety Survey
The following survey is designed to gather information about the impacts or potential impacts from
natural gas drilling on your agency or local department’s workforce. The information gathered here will
be used by community natural gas taskforces and may be used to help determine changes over time.
Thank you very much for your participation. If you have any questions about this survey please contact
Meghan Jacquet at [email protected], or call 607-351-5896.
What is your name?
Sheriff Gary W. Howard
What is your email and telephone number (in case of follow up questions only, NO SPAM)?
[email protected] 607-687-1010
What is your local department agency/ department name?
Tioga County Sheriff’s Office
In the chart below, please list the different facilities operated by your agency and their locations:
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Appendix G: Workforce Survey and responses for Tioga County
Facility Location (address if possible)
Pre-Natural Gas Drilling (today)
Tioga County Sheriff’s Office 103 Corporate Drive Owego, NY 13827
In the chart below, please list the different employee positions available in your agency, and note
the number of persons employed in that position to date:
Position
Volunteer Full-time Part-time
Road Patrol Deputies 0 30 2
911-Dispathers 0 13 0
Criminal Investigators 0 6 0
Correction Officers 0 44 13
Records 0 2 0
Civil Office 0 2 0
Number of Employees
Pre-Natural Gas Drilling (today)
(*Please be as complete as possible, e.g. drivers, coordinators, office staff, technicians, etc)
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Appendix G: Workforce Survey and responses for Tioga County
Have you recently added new positions or increased the number of employees to your agency or
do you plan to do so in the future? If so, please describe below:
No addition positions, in 2010 four deputy positions went unfunded.
In the chart below please fill the total number of emergency calls for your agency before and
after natural gas development began, as well as estimate the percentage of gas-related calls?
In the chart below please fill the total number of emergency calls/ responses/ violations for your
agency before and after natural gas development began, as well as estimate the percentage of
gas-related calls?
Public Safety Today
Quarterly
or
Annually
Number calls/ responses/ violations:
Estimated number of gas-related calls/ violations:
Do you anticipate any new demands on your workforce due to the Marcellus Shale natural gas
drilling? If so, please describe below:
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/
Increased traffic which will increase Motor Vehicle accidents, traffic tickets etc.
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/
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Appendix H: Workforce Surveys for Pennsylvania Counties/
Appendix H: Workforce Surveys for Pennsylvania Counties
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Appendix H: Workforce Surveys for Pennsylvania Counties/
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Appendix H: Workforce Surveys for Pennsylvania Counties/
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Appendix H: Workforce Surveys for Pennsylvania Counties/
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Appendix H: Workforce Surveys for Pennsylvania Counties/
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Appendix H: Workforce Surveys for Pennsylvania Counties/
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Appendix H: Workforce Surveys for Pennsylvania Counties/
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Appendix I: Hydro-fracturing Accidents in the News/
Appendix I: Hydro-fracturing Accidents in the News
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Appendix I: Hydro-fracturing Accidents in the News/
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Appendix I: Hydro-fracturing Accidents in the News/
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Appendix I: Hydro-fracturing Accidents in the News/
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Appendix I: Hydro-fracturing Accidents in the News/
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Appendix I: Hydro-fracturing Accidents in the News/
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Appendix I: Hydro-fracturing Accidents in the News/
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Appendix I: Hydro-fracturing Accidents in the News/
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Appendix I: Hydro-fracturing Accidents in the News/
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Appendix I: Hydro-fracturing Accidents in the News/
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Appendix I: Hydro-fracturing Accidents in the News/
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Appendix I: Hydro-fracturing Accidents in the News/
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Appendix I: Hydro-fracturing Accidents in the News/
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