UDC takes more heat on gas

By SANDY LONG

NARROWSBURG, NY — An overflow crowd spilled into the hallway outside the stuffy room where the Upper Delaware Council (UDC) held its September 2 meeting in Narrowsburg. Inside, empty chairs marked the absence of representatives from the New York State Department of Environmental Conservation (DEC), Pennsylvania Department of Conservation and Natural Resources (DCNR) and the Delaware River Basin Commission (DRBC).

The council pressed ahead to pass a flurry of letters, one of which triggered a debate among the UDC members and a response from Damascus Township Supervisor Jeff Dexter.

The letter pertains to the township’s proposed zoning ordinance amendment on gas and oil well pads and the need for clarification of how much of the designated river corridor is in the township’s River District (estimated at 75%) and Rural Residential (RR) District (estimated at 24%). The township is proposing a zoning change for the RR district that would affect that part of the designated river corridor.

“We’re concerned that the township would be allowing gas drilling as a principal permitted use in the RR district within the designated river corridor,” said senior resource specialist David Soete. “We’re hoping the township, Wayne County and the National Park Service (NPS) will work together using GIS mapping technology to clarify the designated river corridor and zoning district boundaries. We’re trying to make sure the entire designated river corridor is protected.”

Dexter objected to the need for the letter. “If this was an issue, why didn’t you come to us before this? If you knew 24% was out of the special protection district, it was out a long time ago,” he said. “We could have put in for a Technical Assistance Grant (TAG) to correct this.”

“The township did know about it,” said Soete, who added that the letter was triggered by the township’s recent proposed amendments affecting the RR district. (Visit www.co.wayne.pa.us/files/planning/damascus_zoning.pdf to see the Damascus Township Zoning Map and Schedule of Uses. A public hearing on the proposed amendment is scheduled for 7 p.m. on September 20 at the Damascus Township Municipal Building, 60 Conklin Hill Road, Damascus, PA 18415).

Roeder suggested that UDC staff meet with Dexter to continue discussions. Westfall township representative Peter Kenny moved to send the letter, but Town of Highland representative Andy Boyar suggested tabling it to allow for possible resolution of the issue. With eight in favor and five opposed, the motion was tabled.

Damascus Township officials also came under fire from Damascus resident Ramona Jan, who asked, “How will the UDC handle future voting if there are members on the council who have leased? I’m very concerned about this, because all of our supervisors in Damascus Township and members of our planning commission have leased. When you receive money, you have a conflict of interest and you will vote toward it going forward.”

Kenny responded, “She’s entitled to an answer. If any of us have such an interest, we should be recused from voting on any question that affects the subject.”

Boyar said disclosure is important regarding possible conflicts. “I have done a financial disclosure and conflict certification that I want to have on file here so that anybody who wants to know where I stand, what financial interests I have either within or outside the industry, they can look it up.”

River Management Plan

Discussion regarding the River Management Plan (RMP) ensued. “The RMP charges us with protecting the corridor and the river, as well as the rights of the people who live in the corridor and have rights to their land,” said UDC chairman and Town of Delaware representative Harold Roeder. “This business of drilling and private property rights can work hand in hand. This board has to work with the NPS to preserve the river corridor.”

A debate ensued about who wrote the RMP. Callicoon Center resident Bruce Ferguson said, “It doesn’t matter who wrote it, or if it came down from the heavens, these are the rules that must be abided by.”

Farmer and executive director of the Northern Wayne Property Owners Alliance Marian Schweighofer said she believes that the RMP is still serving its purpose and protecting the resource.

Organic farmer Greg Swartz, who has decided against leasing, told the UDC, “Most of the laws of our land are based on our rights, but they’re also based on our responsibilities. So with private property rights, we also have private property responsibilities. In your deliberations of all issues and specifically on gas drilling, you have to not only balance the environmental aspect and the private property aspect, but also the private property rights of people who are going to be affected by the decisions of those people who choose to allow gas exploration on their land.”

Virginia Kennedy, a resident of Pike County, added, “There are landowners who will not profit in any way, who will pay the consequences of having the noise, the extra truck traffic, the added policing and the increased burden on schools and services. They also have to figure into this discussion. We want to maintain the values of our small properties, and if there’s any chance at all that those properties are going to be damaged by this process, we should not be considered less in the discussion.”

Town of Tusten representative Susan Sullivan said the RMP calls for protection of the health and safety of the residents. “Every town has a mission to protect that and the environment. If the UDC is asked to comment, and it’s about health and safety, then we have to stand up.”

Boyar applauded the at-times contentious dialogue. “I think the discussion here tonight is very important, that we hear the pros and the cons, because how else are we going to learn the issues?”

Other letters passed by the UDC included: comment on the U.S. EPA’s proposed plans for the Cortese Landfill Superfund Site;” comment on the U.S. EPA’s Proposed Hydraulic Fracturing Research Study; a letter to NYS Governor David Paterson regarding the ongoing absence of a representative of the DEC at UDC meetings due to budget constraints; and a letter to DRBC executive director Carol Collier regarding the Montague flow target 100cfs excess release credit.

Copies of the letters can be obtained through the UDC. Visit www.upperdelawarecouncil.org for more information or call 845/252-3022.