Local gas study urges swift action

Multi-municipal effort completed with UDC grant

By SANDY LONG

NARROWSBURG, NY — The clock is ticking in terms of adequate time to protect towns against some impacts of natural gas extraction. That’s what members of the Upper Delaware Council’s (UDC) Project Committee learned last week when they heard the results of a new study partially funded by the UDC and coordinated by the Sullivan County Division of Planning and Environmental Management.

“Your funds were well used and you’re going to see some very tangible benefits from this study,” said Dr. William J. Pammer, former Sullivan County planning commissioner, who facilitated the year-long project in partnership with the Multi-Municipal Gas Drilling Task Force comprised of representatives from six river towns that are members of the UDC.

In September, 2008, the UDC awarded a $12,000 Technical Assistance Grant to the Towns of Tusten, Cochecton, Delaware and Highland to undertake the study, “Managing Natural Gas Development Impacts: Strategies to Protect Town Infrastructure and Land Use.” The UDC member towns of Lumberland, Fremont and Callicoon subsequently joined in the $31,800 project.

With thousands of gas leases signed throughout the Upper Delaware region, and the release of the New York Department of Environmental Conservation’s (DEC) draft Supplemental Generic Environmental Impact Statement (GEIS), Pammer noted “time is of the essence” for local municipalities to put protective measures into place.

Natural gas companies have targeted the region for its abundance of Marcellus Shale formations that underlie 36 percent of the Delaware River Basin, enhancements to gas extraction technologies including horizontal drilling and hydraulic fracturing, proximity to the Millennium Pipeline to transport the gas, the number of large land parcels with low density development and the potential use of the Upper Delaware Scenic and Recreational River as a water source.

The study recognizes that “while gas development offers potential economic gains for property owners and local governments, municipalities need to plan for expected impacts to their land uses and capital assets.” It recommends specific actions to implement before the end of 2009 and beyond.

The DEC has authority over the issuance and monitoring of gas drilling permits, while the Delaware River Basin Commission (DRBC) has jurisdiction over water withdrawal requests. That leaves local municipalities with limited authority.

The study cites two major areas in which towns can exert influence. The first is to actively participate in the DEC’s update of the 1992 Generic Environmental Impact Statement (GEIS) for the Gas, Oil and Solution Mining Regulatory Program under the State Environmental Quality Review (SEQR) Act.

The draft Supplemental GEIS was scheduled for release earlier this week.

“This event is an important opportunity for towns throughout the state to propose, articulate, and influence new regulations needed to address environmental impacts of the hydro-fracking process,” the report states.

Pammer told the committee, “It is key that municipalities participate in the comments period. The more municipalities respond, the more the state needs to respond to our input. You can have an impact on the regulations and it will have positive benefits to the community.”

The report also recommends preparing for impacts to local roadways, bridges and culverts by establishing a Road Use Agreement (RUA) framework. As experienced in other areas where natural gas extraction is occurring, traffic associated with the construction and operation of gas well sites could overwhelm local roads not designed to handle a large volume of industrial trucks carrying heavy loads of materials and water.

The task force contracted with C&S Companies of Syracuse, NY, which conducted an assessment of existing road conditions for the towns in the study group and analyzed this data to develop a model RUA using standards recognized by the Association of State Highway Transportation Officials. Technical and procedural advice on implementing an RUA, as well as a model template, are included in the report, which concludes with a three-page “tool box for action.”

The study is believed to be the largest inter-municipal project undertaken in Sullivan County. “As a group, we’re stronger than we are as individuals,” said Town of Cochecton Acting Supervisor and UDC representative Larry H. Richardson.

The task force welcomes sharing and the joining in of additional communities facing the prospect of natural gas drilling. One expected outgrowth is the development of an accredited course for planning and zoning board members on this topic.

Currently an associate professor with the Department of Public Management at John Jay College in New York City, Pammer has offered to remain involved by volunteering his planning consultant services to support the consortium’s ongoing work. “I’m a resident of Sullivan County,” said Pammer. “My heart is committed to this. I love this place and I’ll be available to assist.”

To obtain more information about this project, contact Town of Tusten Supervisor Ben Johnson at PO Box 195, Narrowsburg, NY 12764, phone 845/252-7146 or e-mail bjohnson@tusten.org. For information on the UDC, visit www.upperdelawarecouncil.org or call 845/252-3022.