MVCAC

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Community Environmental Legal Defense Fund (CELDF)
by Duane330＠aol.com 02 Jun '11

02 Jun '11

The Concerned Citizens for Safe Air and Water were formed by Kathy Cash, Sandra Fallon, Alice Meehan, Ann Payne, Catherine Tall out of concern for the Marcellus shale drilling permits at the Morgantown Industrial Park. They organized a large meeting at the Morgantown High School on Friday night, May 20th. The attendees divided up into 5 committees – one of which was the legal committee chaired by Kitty Lozier and Duane Nichols. I was unable to attend the meeting at MHS. The legal committee was interested in finding out how the cities of Pittsburgh, Buffalo and other locations had adopted their bans against shale gas extraction. They learned that the technical assistance had been provided to each of these city councils by the Community Environmental Legal Defense Fund. The program director responsible for the ban ordinances was Ben Price. Price was familiar with the Wellsburg ordinance and has been working with the Pocahontas County citizens in WV as well. Kitty and Duane were able to set up a conference call with Ben Price and with the some of the rest of the committee members at 2 p.m. on Thursday, May 26. The legal committee asked Jenny Selin and me to join them because of our council activity in support of the resolutions that I drafted before the previous City Council Meeting on May 17. During the first conference call Price offered to draft an ordinance and to come to Morgantown to speak in its support. The committee members on the call were pleased with his offer. Nichols offered to coordinate the arrangements. A second call was set up for May 27 at 4 p.m. in which I was unable to participate. Late Thursday afternoon I did, however, call the City Manager and asked him to place the consideration of an ordinance “protecting public health, public safety and public welfare” on the agenda for the May 31 Committee Of The Whole Meeting – even though at that time (because Chambersburg services being disabled by the violent storm earlier Thursday), we had not yet received a copy of the draft. The first draft became available for the 4 p.m. Friday call. I received my draft about 8 p.m. that evening when I returned home (May 27). On Saturday a.m. I made several calls (which were difficult to complete due to the holiday weekend), and then called Price back on Monday (May 30) noon with some recommended changes and corrections that had been suggested by different persons. I received a copy of the revised draft that would be presented at the meeting by Councilor Selin late Monday evening. All of this push was deemed necessary because of the state of the drilling plans and preparation on the drill site across the Mon river. Waiting a month until the June COW made no sense at all to anyone on the committee. I was unable to contact Mayor Byrne throughout the weekend and finally after consultations with Councilor Selin did sent out the copy of the proposed ordinance to the full Council at 9:00 a.m. on Tuesday morning. I did not consult with the City Manager before sending out the material to the Council. But copies of the email and the ordinance were sent to Terrance Moore and Jeff Mikorski simultaneously with the 9 a.m. Council mailing. The names of the persons on the original conference call on May 26 were as follows: Kitty Lozier, League of Women Voters Jenny Selin, City Council Member Don Spencer, City Council Member and Deputy Mayor until June 30 Linda Shuster, Mon Valley Clean Air Coalition Robert Bastress, Professor, WVU College of Law Evan Hansen, Environmental Consultant, Downstream Technologies Duane Nichols, Monongahela Area Watersheds Compact Members of the legal committee of the Concerned Citizens for Safe Air and Water hosted Price and paid for his travel and lodging from Chambersburg, PA. Don Spencer, Morgantown City Council >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> THE DRAFT ORDINANCE, ATTACHED, WAS INTRODUCED TO CITY COUNCIL IN THE "COMMITTEE OF THE WHOLE" THIS PAST TUESDAY. AFTER EXTENDED DISCUSSION IT WAS "FORWARDED TO RESEARCH" RATHER THAN BEING "FORWARDED TO THE AGENDA FOR THE UPCOMING COUNCIL MEETING ON JUNE 7TH. THREE OTHER RESOLUTIONS HAVING TO DO WITH THE MARCELLUS DRILLING WERE "FORWARDED TO THE AGENDA" FOR THE JUNE 7TH MEETING, ONE OF WHICH WAS A BAN ON DRILLING WITHIN THE CITY LIMITS AND EXTENDING OUT ONE MILE PATTERNED AFTER THE WELLSBURG (wv) BAN ON SUCH DRILLING. Mayor Bill Byrne says that the CELDF ordinance (attached) has a very weak legal foundation, and is no consistent with State law. Ben Price of the CELDF says that the Wellsburg ban has a weak foundation and can be easily overturned in the future. We shall see if anything gets done in future City Council meetings.

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Re: [MVCAC] Marcellus Shale Drilling at Morgantown Industrial Park
by James Kotcon 31 May '11

31 May '11

I support asking City Council to seek an injunction. I am cautious about having MVCAC file such a legal action without more detailed information. I have heard of the legal basis for the CITY to intervene, but am unaware of how an independent entity such as ourselves could demonstrate standing. The air rules do not offer a lot of legal leverage for intervening in gas wells, thus, we would need to appeal of the adequacy of the WV State Implementation Plan under the Clean Air Act. Thus, such a suit would need to go all the way to federal Court, and perhaps the 4th Circuit Court of Appeals as well. This process would take months, and we would need significant legal resources to carry this out. Winning such a case would not be cheap, and filing one, then losing, would set a disastrous precedent. If someone has those answers, I would be supportive. Jim Kotcon >>> Linda Shuster 05/29/11 4:28 PM >>> To: Participants of the Mon Valley Clean Air Coalition From: Linda Shuster, Secretary RE: Injunction to Stop Marcellus Shale Drilling at Morgantown Industrial Park It has been proposed that the Mon Valley Clean Air Coalition take the following actions: 1. Ask the Morgantown City Council to seek an injunction to stop the Marcellus Shale drilling at the Morgantown Industrial Park as soon as possible. 2. Obtain legal representation so that MVCAC can seek an injunction to stop the Marcellus Shale drilling at the Morgantown Industrial Park as soon as possible. PLEASE REPLY AS SOON AS POSSIBLE, either to the list or to Duane at Duane330(a)aol.com. Linda Shuster, Secretary, MVCAC

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FW: Gas Well Development
by Peggy Filios 30 May '11

30 May '11

i do not know the author of this message. it came through the suncrest neighborhood assoc. email dist. list. peggy ----Forwarded Message---- From: wvredsoxfan(a)yahoo.com To: suncrestna(a)gmail.com Sent: Mon May 30th, 2011 9:39 PM EDT Subject: Gas Well Development I worked earlier in my career in the oil and gas drilling industry in Roswell, New Mexico; and Meeker, Colorado with the U.S. Bureau of Land Management. I share the following with you; At the council meeting there were a lot of sincere "environmental" advocates who spoke with great emotional concern for our town. They missed covering some big technical issue associated with drilling in a narrow river valley town like Morgantown. There is no where for polluted air or noise from well operations to go in a small steep river valley town like Morgantown, it becomes trapped. I have worked around drill pads and drill rigs. There is all kinds of machinery operating on a drill pad, and it is loud and goes 24/7 for economic and engineering reasons. Drill site operations are totally insensitive/non-responsive to impacts on the "local human environment." NOISE is a big factor when it is all bundled up and has nowhere to go, except right into neighborhoods and homes in the bottom of a little river valley like Morgantown. Someone better do a noise impact study in this river valley before the well operations commence. There are serious air pollution issues involved in gas well operations. When we have our routine weather inversions the effluents from the well operations will not be going up into the sky. The effluents will end up being concentrated and stagnant/trapped in our small steep walled river valley. The effluents can't go up, they will just move side ways, up and down the river valley through Morgantown. The noise and air pollution issues are not rocket science, and these factors/impacts are real, I know I worked in oil and gas fields. Last there is the air, noise, and visual impacts generated when the wells have to "flared" to control well head pressure, and purify the well. The noise sounds like a jet engine, you can see the fireball for miles. Flaring wells in a river valley residential community will not be accepted gracefully. Pls look at attachments thx jg

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Marcellus Shale Drilling at Morgantown Industrial Park
by Linda Shuster 30 May '11

30 May '11

To: Participants of the Mon Valley Clean Air Coalition From: Linda Shuster, Secretary RE: Injunction to Stop Marcellus Shale Drilling at Morgantown Industrial Park It has been proposed that the Mon Valley Clean Air Coalition take the following actions: 1. Ask the Morgantown City Council to seek an injunction to stop the Marcellus Shale drilling at the Morgantown Industrial Park as soon as possible. 2. Obtain legal representation so that MVCAC can seek an injunction to stop the Marcellus Shale drilling at the Morgantown Industrial Park as soon as possible. PLEASE REPLY AS SOON AS POSSIBLE, either to the list or to Duane at Duane330(a)aol.com. Linda Shuster, Secretary, MVCAC

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"DON'T FRY DAY" TOMORROW
by Duane330＠aol.com 26 May '11

26 May '11

FRIDAY, MAY 27 DESIGNATED AS "DON'T FRY DAY" The Friday before Memorial Day is "Don't Fry Day" to remind the public about the dangers from exposure to the sun's ultra-violet rays and that melanoma is now a serious form of skin cancer among young adults aged 25 to 29. EPA's SunWise program and the National Council on Skin Cancer Prevention have partnered to provide simple protective tips that could save lives, including using sunscreen, sunglasses or wearing a hat while enjoying the great outdoors. For more information, go to _http://www.epa.gov/sunwise/dfd.html_ (http://www.epa.gov/sunwise/dfd.html) Actualities (sound bites): _http://www.epa.gov/adminweb/multimedia/newscontent/2011-5-23-oa/index.html_ (http://www.epa.gov/adminweb/multimedia/newscontent/2011-5-23-oa/index.html) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> KEEP COOL THIS SUMMER WHILE SAVING MONEY, REDUCING POLLUTION On May 19, EPA's Energy Star program issued its summer list of ideas to help cut cooling costs and protect public health. The list includes using more efficient light bulbs, setting thermostats a few degrees higher when not at home, using ceiling fans, maximizing shade, reducing oven use, using air conditioner filters, and plugging duct system leaks. Last year Energy Star saved Americans approximately $18 billion on energy bills while preventing greenhouse gas emissions equivalent to the annual emission of 33 million vehicles. To reduce your energy costs this summer, go to _http://www.energystar.gov/cooltips_ (http://www.energystar.gov/cooltips) Help protect the environment through "Energy Stars Across America": _http://www.energystar.gov/starsmap_ (http://www.energystar.gov/starsmap)

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Statement on Monongalia County Courthouse, May 25, 2011.
by Duane330＠aol.com 26 May '11

26 May '11

REGARDING: Two Marcellus Shale Gas Well Drilling Permits at the Morgantown Industrial Park So far as I know, the permitting process continues in Charleston. State employees in Charleston are at work granting new permits for Marcellus wells across our state. The Office of Oil and Gas is currently doing a regulatory review to determine what changes can be made. But, they seem to think that the needed changes will require the Legislature to pass proposed regulations and the Governor to approve them. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Now let me talk about the legal situation here locally. I believe that legal action would be useful to try to stop or limit the activities already underway here in the Mon Valley. And, I am working hard with a number of other concerned citizens to provide information for the evaluation of such actions. I am concerned about the location of the two permits that have already been granted, because of their proximity to public schools, to residences in Westover and Morgantown, and to the other businesses in the Morgantown Industrial Park. As you know, legal activities involve detailed and comprehensive analyses of the facts and of the existing laws. And, there are expenses or costs to consider that must be covered in some way or another. That being said, a couple of different legal options are currently being evaluated to limit the impacts of the Marcellus well now being drilled and/or other similar wells in the same vicinity. While these activities are moving along fairly rapidly, it would be premature to describe further details at this time. I will be in touch with those who have provided me with contact information within about a weeks time. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> I do think that we all are doing something extremely important in protesting these two wells. And, I wonder just how much more protesting it is going to take before the Mayor of Morgantown gets the message, before the Monongalia County Commission gets the message, before the Cabinet Secretary of the West Virginia DEP gets the message, and before the Governor gets the message. The local newspaper, the Dominion Post gets the message, as printed in their editorial this past Sunday. That editorial said …….. “We the people finally showed up last week. More than 100 people rallied at the Monongalia County Courthouse against several Marcellus shale wells near the Monongahela River. By all accounts it was the first significant public protest against the booming Marcellus shale drilling operations spreading across northern West Virginia. Another protest at Morgantown’s City Hall preceded the courthouse rally. At least 20 people spoke out against the wells at a recent city council meeting. The wells are located about 1,500 feet from the greater Morgantown area’s drinking water intake site, near the treatment plant.” “We have no evidence that Northeast Natural Energy isn’t up to the job of operating these wells safely. However, aside from the protesters, many members of this community — including this newspaper — are shocked that a site so near our community’s water intake was even considered by this company, let alone approved by state regulators. The process in which this happened is unacceptable.” “We call on all West Virginians to not forget legislators who, earlier this year, impeded attempts to pass a bill to alter this process. If the only recourse the public has to protect its drinking water is to stand upon our First Amendment rights — to assemble, to petition, to speak out and report on these wells — then so be it. We urge the public — students, property owners, environmentalists and everyone else — to keep protesting these wells and this industry until regulations are on the books and inspectors are in the field to enforce them.” ______________________________________________________________ I, for one, believe that both the Governor and the Cabinet Secretary of the WV Department of Environmental Protection have the authority, indeed the responsibility, to listen to recommendations regarding this current situation, to evaluate and make changes to their procedures within the existing laws, to see that risk assessments are performed, to stop activities that are a real risk to human health and the environment, and to warn the public about environmental conditions that threaten the public welfare. I believe that the WV-DEP could immediately start new procedures of public notice for new well applications and a thirty day comment period. A new set of criteria could be put into place by the WV Office of Oil and Gas to establish better conditions under which permits should not be granted, as in the case of the two permits here. In that respect, two mistakes were made when these two permits were granted because adequate consideration of all the important factors did not happen, in my opinion. The Governor has a responsibility to provide leadership more generally on environmental issues, to help the Legislature address State-wide problems (and this is one such), to help the Departments of government under his jurisdiction to regulate the industries that pollute our land, water, and air, and to help the people out in the rural areas, in the suburbs, and in the cities in a cooperative approach to preserve our quality of life. Thank you. Duane Nichols, Courthouse Square, May 25, 2011.

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CONCERN FOR MARCELLUS WELLS IN OUR AREA
by Duane 24 May '11

24 May '11

COMMUNITY COALITION FOR SOCIAL JUSTICE May 25 We are growing! Keep up the momentum! Let's Hear YOUR Voice Again and Again!! Together we can STOP Marcellus Gas Drilling at Morgantown Industrial Park Upstream of Morgantown's Drinking Water Plant Near County Schools! PLEASE COME to a Community-side Rally to Express YOUR Concerns and Questions WHERE: Mon County Courthouse Square, High Street, Downtown Morgantown WHEN: Wednesday, May 25, Noon to 1:00 pm Bring Your Kids, Bring Your Friends, Bring a Sign (g-rated) Please forward this announcement to your friends, family and neighbors. Rally contact: frackinquestions(a)gmail.com June 2 PUBLIC MEETING ON THE ADVERSE IMPACTS OF MARCELLUS NATURAL GAS ACTIVITIES: WHERE ARE WE, WHERE ARE WE GOING Date: Thursday, June 2, 2011. Time: 6:15 PM SHARP. [Doors Open at 6:00 PM]. Location: Skyview Elementary School (near Marcellus well site) [Off River Road just South of DuPont Road, South of Westover] SPONSORS: WV/PA Monongahela Area Watersheds Compact (Barry Pallay & Duane Nichols) and the League of Women Voters (Kitty Lozier, Phyllis Marshall, Janice Gunel, Jonathan Rosenbaum) Welcome and Introductions (Identification of Groups Present). Barry Pallay, Co-Chair Watersheds Compact, VP UMRA Overview of Permitted Wells near Morgantown Industrial Park In Relation to MUB Water Intake, Local Schools and Other Facilities. Evan Hansen, President, Downstream Strategies The AES Sweetwater Facility for Recycling Marcellus Frackwater Being Installed at theMorgantown Industrial Park. Duane Nichols, Co-Chair Watersheds Compact The Proposed Preston County Landfill for Marcellus Wastes Under Consideration in the Cheat Watershed. Amanda Pitzer, Friends of the Cheat. Review of Marcellus Natural Gas Development Activities in Pennsylvania. Martin Niverth, UMRA. Update on Wetzel County Marcellus Developments. Bill Hughes, Wetzel County Action Group Status Report on Activities to Ban Marcellus Drilling in and around Morgantown and the Watershed that Provides Drinking Water to Morgantown. Speaker TBA Update on the Citizens Stream Monitoring Program of the Isaac Walton League. John Butler West Virginia Source Water Protection, Certification & Training Program. How Does It Relate toMorgantown Needs. Bill Toomey, DHHR, Bureau of Public Health WVU Source Water Protection Resource Program. How Does It Relate to Morgantown Needs. Gerald Iwan, WVU National Environmental Services Center WV-DEP Division of Water & Waste Management Programs Related to Source Water Protection, How Does It Relate To Morgantown Needs. Invited. WV-DEP Division of Air Quality Programs Related to Air Quality Protection. How Does It Relate to Morgantown Needs. Invited. The Land Protection Program of the WV-DEP Office of Oil and Gas Land/Mineral Protection Programs. How Does It Relate To Morgantown Needs. Invited. Army Corps of Engineer Water Resources and Management Programs, How Does It Relate ToMorgantown Needs. TBA Morgantown Utility Board (MUB) Programs, How Does It Relate To Morgantown Needs. Tim Ball, Director, MUB Update on Activities of the Morgantown Area Concerned Citizens. Kathy Cash, Sandra Fallon, Ann Payne, Alice Meehan, Catherine Tall Listing of the Concerns of the Groups Present. Barry Pallay, Facilitator Resolutions on Water, Air and Land Protections Programs. Barry Pallay, Facilitator Concluding Remarks and Announcements Duane Nichols, Home- 304-599-8040, Cell- 304-216-5535.

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RSVP: Two Direct Action Workshops This Weekend in Morgantown
by Joe Gorman 19 May '11

19 May '11

Direct Action Training and Strategy Meeting http://www.facebook.com/event.php?eid=218085798221625 Time: Saturday, May 21 · 9:00am - 12:00pm Location: Morgantown Church of the Brethren/Mennonite Church USA, 464 Virginia Avenue, Morgantown, WV This workshop prepares participants to engage in direct action. The training includes an introduction to different forms of civil disobedience, discussion of which types of action are strategic in Morgantown, an overview of rights and legal procedure, and media training. A meeting to plan a direct action or actions will follow from 1pm to 3pm, location to be announced at the training. Facilitators are Laura Steepleton of the West Virginia mountaintop removal abolition movement and Pennsylvania anti-fracking activist Alex Lotorto. Coffee and tea will be provided. Note: If you will be attending this training, it is highly recommended that you attend the community meeting Friday night at 7:00 pm in the Morgantown High School Cafeteria! For more information contact Joe Gorman, joe(a)seac.org Introduction to Nonviolent Action http://www.facebook.com/event.php?eid=131386800270292 Time: Sunday, May 22 · 7:00pm - 9:00pm Location: Morgantown Church of The Brethren/Mennonite Church USA 464 Virginia Ave., Morgantown, WV Created By: Carrie Weller Eikler This workshop is an introduction to nonviolence as a method of social change. It is geared as a forum for those new to exploring nonviolent action. A background in the theory of nonviolence, role playing and response rehearsal will make up the majority of this workshop. Bob Gross, facilitator, is a nonviolence educator and Executive Director of On Earth Peace. There will be no official direct action planned for this meeting, although ideas are welcomed and formal or informal connections to pursue direct actions may likely form. If you are part of direct action planning prior to this workshop, our facilitator can help. For those who are interested in planning direct action, consider attending the Direct Action and Strategy Meeting on Saturday from 9-11 at Morgantown Church of the Brethren. For more information about this event contact Carrie at 304-292-0711, ceikler(a)morgantowncob.org Please RSVP so we can adequately prepare our facilitator!

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Please Forward Widely: Morgantown Frack Permits
by Joe Gorman 18 May '11

18 May '11

Use these to keep Northeast Natural Energy accountable to their plans! http://www.archive.org/details/Api47-6101622 http://www.archive.org/details/Api47-6101624 -joe

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Re: [MVCAC] <DRAFT> Marcellus Wells in Morgantown: Propose additions or corrections?
by Paula Hunt 18 May '11

18 May '11

I have to agree with Bob Shumaker. The first sentence is too simplified and broad; I don't believe it is what MVCAC really wants to say. The vast majority of gas wells (both vertical and horizontal in any formation) are fracked, so it sounds as if we want all gas-well drilling to cease immediately. I know the Council meeting was last night and time is of the essence, but I feel if we make a statement it needs to be carefully crafted. Dr. Shumaker has the expertise to help, if he has the rime (sorry to volunteer you Bob). - paula --- rcshumaker(a)mail.wvu.edu wrote: From: "Robert Shumaker" <rcshumaker(a)mail.wvu.edu> To: <Duane330(a)aol.com>,<mvcac(a)cheat.org> Subject: Re: [MVCAC] <DRAFT> Marcellus Wells in Morgantown: Propose additions or corrections? Date: Tue, 17 May 2011 16:43:56 -0400 The first two sentences make it sound as if MVCAC is against all wells into gelogic formations. I presume that your mean the two wells up-stream from our water supply. To be against all gas wells is a very radical position whcih places MVCAC at the extreme end of the spectrum. I hope that people understand that there are perhaps 100,000 wells in the Huron shale (near the Marcellus) across the Appalachian basin that currently supply relatively clean natural gas for many of us in our homes. We use it every day. <Duane330(a)aol.com> 5/17/2011 10:25 AM >>> MON VALLEY CLEAN AIR COALITION (MVCAC) Marcellus Gas Well In Morgantown Industrial Park The MVCAC opposes the drilling of natural gas wells into the Marcellus or other geologic formations involving hydro-fracking or other pressurized methods of breaking the formation. Pressurized fracturing methods result in hazardous and dangerous conditions for the local workers, for the local residents, and for the public and private facilities nearby. The two Marcellus wells recently sited at or near the Morgantown Industrial Park are too close to the other facilities of the Industrial Park, too close to the Skyview Elementary School, too close to the Westwood Middle School, too close to the County Athletic Field between these schools, and too close to the City of Morgantown. Air emissions are known to occur from such Marcellus wells during the drilling process, during the fracking process, during the completion process, and during the long period of their continuous operation (perhaps 30 years or more). These emissions include diesel fumes, sour gases, vapors from the fracking fluids, silica dust from the fracking sand, controlled and uncontrolled off-gases, vent gases, flare gases and possible blow-outs or explosions. Atmospheric conditions as temperature inversions can spread and retain these gases over the extended Monongahela River valley. Therefore, the MVCAC calls for an immediate secession of drilling activities at these sites and no further work on them. _______________________________________________ MVCAC mailing list MVCAC(a)cheat.org http://cheat.org/mailman/listinfo/mvcac

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