We encourage members and the public to come and learn about the activities of our legislators and their priorities. Anthony Barill, Charlene Marshall, Amanda Pasdon, Bob Beach, Roman Prezioso, and Barbara Fleischauer are expected to be in attendance. After a question answer period, we will have time to talk individually [...]]]> In this edition:

Legislator’s Forum – December 7th!

We encourage members and the public to come and learn about the activities of our legislators and their priorities. Anthony Barill, Charlene Marshall, Amanda Pasdon, Bob Beach, Roman Prezioso, and Barbara Fleischauer are expected to be in attendance. After a question answer period, we will have time to talk individually with them (also lots of goodies). See you there! 7:30 pm, at Suncrest United Methodist Church, 479 Van Voorhis Road.

Board Meeting

The next Board Meeting for the Morgantown LWV will be held Wednesday, January 4. We will meet at Panera’s at 5:30 p.m. to plan our Spring Calendar.

LWV National Study and Consensus Results: The Role of the Federal Government in Public Education

We had an excellent turnout for our Education Consensus on November 16th, and the informal format of enjoying Pizza/snacks while discussing the questions worked well. Everyone was intent on understanding the issues, and we were able to reach agreement on most of the 15 questions. We really appreciate Jonathan projecting the information and the questions on Power Point slides. Now it will be up to the National Board of the LWV to put together the responses from the Leagues all over the US, and come up with a Consensus that can be used to lobby Legislators when it comes time to reauthorize the Elementary and Secondary Education Act.

Natural Resources Report

Special session. Will it happen? Legislative aid of Tomblin said “I would bet all the money I have in my pocket that you’ll see a special session in a few weeks.” In the meantime sign this petition: http://www.change.org/petitions/petition-to-demand-a-special-session-on-marcellus

Coming soon to this website! An article about the November 22nd meeting with Heather Dingman, Principal Planner for Morgantown. She discussed how the City hopes to handle Shale Gas drilling now that the City cannot enforce the Horizontal Hydraulic drilling ban.

Get Your Updated Guide to Government Officials

Find out how in our attached newsletter.

November-December-2011-newsletter final.pdf

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Membership Meeting – October 5th!

We encourage members and their guests to come and learn about the League’s activities. Now is the time for members to bring guests who may be interested in joining the League. We will have lots of goodies and time to talk with one another at this [...]]]> In this edition (a must read):

Membership Meeting – October 5th!

We encourage members and their guests to come and learn about the League’s activities. Now is the time for members to bring guests who may be interested in joining the League. We will have lots of goodies and time to talk with one another at this special time at the Aull Center in the Garlow House. See you soon!

Updated Guide to Government Officials is now available.

Calendar

Every month, 1st Wednesday – Board Meeting at 7 pm. Please join us!

October 4, Tuesday – Special Election for Governor. Early voting from Sept. 21 – Oct. 1 at Mountaineer Mall.

October 5, Wednesday – Membership meeting at 7pm at the Garlow House next to the Morgantown Public Library. Encourage members and their guests to come and learn about the League’s activities. Now is the time for members to bring guests who may be interested in joining the League. Thanks!

October 11, Tuesday – Natural Resources Meeting 7 pm at 345 Virginia Avenue (NR report in newsletter)

November 16, Wednesday – Discussion and Consensus at 6:30 pm at Suncrest United Methodist Church. All members are invited! (Complete story in newsletter)

Links from NR report

Sign this online petition

https://www.change.org/petitions/encourage-mayor-manilla-and-the-city-council-to-appeal-judge-tuckers-ruling

Good sites to visit

http://wv4mom.org (WV for Moratorium on Marcellus)

http://marcellus-wv.com (educational)

http://news.marcellus-wv.com (news from the media)

Social Sites

http://www.facebook.com/groups/marcelluswv

http://www.facebook.com/groups/stopthefracking

All about our website!

http://www.lwvwv.org/category/league-of-women-votes-of-wv/morgantown/

FB site: http://www.facebook.com/pages/League-of-Women-Voters-of-West-Virginia/131217533602616

How to pay your membership dues!

September-2011-newsletter-w.pdf

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Meeting Agenda and Minutes — June 2, [...]]]> On June 2 a meeting cosponsored by the Morgantown LWV was held at Skyview Elementary in Morgatown, WV.  Guests included Randy Huffman.  This is a recap of the presentations, conversations, ordinances and the resolutions.

Public Meeting on the Adverse Impacts of the Marcellus Natural Gas Activities:
Where Are We, Where Are We Going?

Meeting Agenda and Minutes — June 2, 2011 — 6:15 PM

Skyview Elementary School, Westover, WV

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)

AGENDA:

Welcome and Introductions (Identification of Groups Present). Barry Pallay, Co-Chair Watersheds Compact.

Review of Marcellus Natural Gas Development Activities in PA. Martin Niverth, Isaac Walton League.

Update on the Citizens Stream Monitoring Program of the Isaac Walton League. Jim Butler.

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 the Morgantown Industrial Park. How Does It Relate to Morgantown. Duane Nichols, Co-Chair Watersheds Compact.

Update on Wetzel County Marcellus Developments and Experiences. How Does It Relate to Morgantown. Bill Hughes, Wetzel County Action Group.

The Proposed Preston County Landfill for Marcellus Wastes Under Consideration in the Cheat Watershed. How Does it Relate to Morgantown. Amanda Pitzer, Friends of the Cheat.

Status Report on Activities to Ban Marcellus Drilling in and around Morgantown and the Watershed that Provides Drinking Water to Morgantown. Don Spencer, Deputy Mayor, Morgantown.

West Virginia Source Water Protection, Certification & Training Program. How Does It Relate to Morgantown Needs. Bill Toomey, DHHR, Bureau of Public Health.

WVU Source Water Protection Resource Program. How Does It Relate to Morgantown Needs. Gerald Iwan, WVU Natural Environmental Services Center.

WV-DEP Division of Air Quality Programs Related to Air Quality Protection. How Does It Relate to Morgantown Needs. Randy Huffman, Cabinet Secretary, West Virginia Department of Environmental Protection (WVDEP) and Staff.

WV-DEP Office of Oil and Gas including Permitting, Inspections, Regulations, Enforcement. How Does It Relate To Morgantown Needs. Randy Huffman, Cabinet Secretary, and James Martin WV-DEP.

WV-DEP Division of Water & Waste Management Programs Related to Source Water Protection, How Does It Relate To Morgantown Needs. Randy Huffman, Cabinet Secretary, and Scott Mandirola WV-DEP.

Army Corps of Engineer Water Resources and Management Programs, How Does It Relate To Morgantown Needs. Curt Meeder, Chief, Planning and Environment, USACOE.

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

Attendees present:
 Counts of 250-300 people at 6:30 pm; 150-200 people at 9:00 pm; 216 people signed in
Elected officials present:
 Mike Manypenny, WV State Delegate
 Charlene Marshall, WV State Delegate
 Anthony Barill, WV State Delegate
 Representative for Barbara Evans Fleischauer, WV State Delegate
 Bob Beach, WV State Senator
City of Morgantown
 Don Spencer, Deputy Mayor
 Jenny Selin, City Council
 Wes Nugent, City Council (member elect)
 Linda Herbst, City Council (member elect)
West Virginia Department of Environmental Protection (WVDEP) representatives
 Randy Huffman, Cabinet Secretary
 Scott Mandirola, Director, Division of Water and Waste Management
 James Martin, Chief, Office of Oil and Gas
 Brad Swiger, Environmental Enforcement
 John King, Office of Environmental Advocate

Other agency representatives:
 Curt Meeder, Chief, Planning and Environment, US Army Corps of Engineers
 Bill Toomey, DHHR, Bureau of Public Health
 Tim Ball, Director, Morgantown Utility Board (MUB)
 West Virginia Division of Natural Resources
 Office of Surface Mining
Specific groups in attendance (not mentioned above):
 Center for Coalfield Justice
 Citizens Stream Monitoring Program of the Izaak Walton League
 Dominion Post
 Downstream Strategies
 Evansdale Neighborhood Association
 Friends of Decker’s Creek
 Friends of the Cheat
 Green County Conservation District
 Guardians of the West Fork
 Javins Corporation
 League of Women Voters
 LWU Press
 Morgantown Area Concerned Citizens
 Morgantown Tea Party
 Mon Friends (Quakers)
 Mon Valley Clean Air Coalition
 Skyview parents
 Sierra Club
 Sierra Student Coalition
 Suncrest Neighborhood Association
 Times West Virginian
 Today’s Youth
 Waynesburg University
 WBOY
 White Day Creek Watershed
 WV/PA Monongahela Area Watersheds Compact
 West Virginia Rural Water Association
 West Virginia University
 Wetzel County Action Group
 UMRA
 E & E Publishing, (Environment & Energy Daily, E & E News etc.), Washington DC

Item 1. Issues: Marcellus Shale Natural Gas Drilling At Morgantown Industrial Park:

 Protect Drinking Water Supplies
 Protect Breathing Air & Health
 Protect Quality Of Life
 Greater Morgantown Area 90,000 People

 Water, Air, Land
 Public Health
 Public Safety
 Public Welfare
 Quality of Life

 MUB Water Intake Nearby
 Toxic Fracking Chemicals
 Toxic Flowback Water & Gases
 Hazardous Hydrocarbons (BTEX)
 High Brine Water Concentrations

 Hazardous Drilling Tailings
 Methane & Chemical Releases
 Extreme Wellhead Pressures
 Faults With Casing & Cement
 Leaks, Fires and Explosions

 Extended Offgas Flaring
 Noise, Odors & Bright Lights
 Pipeline Construction Issues
 Equipment Failure, Blowouts
 Drilling Under Superfund Site

 Toxic Waste Dump Nearby
 Many Heavy Trucks on Roads
 Traffic Congestion & Accidents
 Damaged Roads & Bridges
 River Road Landslides

 Public Schools (3) Nearby
 Residential Areas Nearby
 Mountaineer Mall Nearby
 Student & Resident Anxiety
 Limited # State Inspectors

Item 2. Update on the citizens stream monitoring program of the Izaak Walton League. Jim Butler
 Citizen Monitoring Program status
o 26 identified sampling sites
o 20 primary sampling sites
o 23 volunteers trained and certified
o 16 currently deployed and sending data weekly
o 2 “hot spots” confirmed and action taken to Companies, DEP, EPA
o Third “hot spot” confirmed data sent to the EPA & WV Agency
 Message: It works!

Item 3. Overview of permitted wells near Morgantown Industrial Park in relation to MUB water intake, local schools and other facilities. Evan Hansen, President, Downstream Strategies

 Discussed with audience diagram explaining drilling depth and process (Appendix A)
 Discussed map showing location of well in relation to key points in Morgantown
o Morgantown drinking water intake
o Mountaineer Mall
o White park
o Skyview Elementary
o Portion of Chancery Hill neighborhood
o Portion of Westover residences
 Discussed fact sheet that he had prepared that lists known facts organized by well number (Appendix B)
o Well 4H
 Royalties: 18.5% to Enrout Properties
o Well 6H
 Royalties: 18.5% each to Enrout Properties, LLC and MIPA, LP

Item 4. Resolution I
RESOLUTION ON AIR MONITORING AT 3 SCHOOLS NEAR MARCELLUS WELL SITES
BE IT RESOLVED BY THE PEOPLE ASSEMBLED HEREIN INCLUDING THE WV/PA MON AREA WATERSHED COMPACT AND LEAGUE OF WOMEN VOTERS PARTICIPANTS, THAT THE WV DEPARTMENT OF ENVIRONMENTAL PROTECTION IS REQUESTED TO PERFORM AN AIR QUALITY STUDY TO DOCUMENT BOTH CURRENT AND LONG TERM AIRBORNE EXPOSURES TO THE CHILDREN IN SKYVIEW ELEMENTARY, WESTWOOD MIDDLE AND SOUTH MIDDLE SCHOOLS (MORE THAN 1500 STUDENTS, TEACHERS AND STAFF), SINCE THEY ARE IN CLOSE PROXIMITY TO THE MARCELLUS WELL PADS AND RELATED TRUCK AND ENGINE EMISSIONS, AT AND NEAR THE MORGANTOWN INDUSTRIAL PARK. IT IS FURTHER REQUESTED THAT THE WV-DEP INSTALL AND OPERATE CONTINUOUS AIR MONITORS AT THESE 3 SCHOOLS TO MEASURE AND RECORD BASELINE AND ONGOING AIR QUALITY TO PREVENT UNHEALTHY EXPOSURES. IF SUCH EXPOSURES OCCUR IT IS REQUESTED THE WV-DEP INSTITUTE EMERGENCY MEASURES TO PROTECT THE SCHOOL CHILDREN AND WORKERS. A DEP WRITTEN RESPONSE IS REQUESTED BEFORE JUNE 30, 2011 IN LIGHT OF THIS SERIOUS THREAT.
Passed with one opposed.
Background
 Potential air pollution: Migration pathway has already been identified; three years ago when area where well pad is now situated was cleared of brush by burning. Smoke from this burning entered the school in concentrations to force evacuation.
 Air Pollution Associated with Hydraulic Fracturing
o Radiation
o Carbon Monoxide
o Fine PM
 Variable during various stages of drilling process
o VOCs
o Natural Gases
o Formaldehyde
o Diesel Fuel Emissions
 210,000 gallons/day capacity for hydraulic fracturing treatment facility in MIP (Sweetwater) will equate to significantly increased local diesel emissions from truck traffic
 Also on-site diesel equipment

Item 5. Resolution II

PUBLIC NOTICE AND COMPREHENSIVE EVALUATION
BE IT RESOLVED BY THE PEOPLE ASSEMBLED HEREIN INCLUDING THE WV/PA MON AREA WATERSHED COMPACT AND LEAGUE OF WOMEN VOTERS PARTICIPANTS, THAT THE WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION IS REQUESTED TO GIVE PUBLIC NOTICE AND PROVIDE FOR A PUBLIC COMMENT PERIOD OF AT LEAST 30 DAYS BEFORE OIL AND GAS PERMITS ARE CONSIDERED FOR APPROVAL. IT IS ALSO REQUESTED THAT PUBLIC HEALTH, PUBLIC SAFETY, PUBLIC WELFARE AND DRINKING WATER SUPPLIES ARE CONSIDERED IN THE EVALUATION PROCESS AS PART OF THE PERMIT REVIEW.

Passed, two opposed

Item 6. Resolution III
MORATORIUM ON NEW PERMITS
IT RESOLVED BY THE PEOPLE ASSEMBLED HEREIN INCLUDING THE WV/PA MON AREA WATERSHED COMPACT AND LEAGUE OF WOMEN VOTERS PARTICIPANTS, AND IN VIEW OF THE UNSETTLED SCIENCE OF MARCELLUS GAS EXTRACTION, AND IN THE BEST INTERESTS OF THE CITIZENS OF THE STATE OF WEST VIRGINIA, IT IS REQUESTED THAT THE WV DEPARTMENT OF ENVIRONMENTAL PROTECTION DECLARE A MORATORIUM ON NEW MARCELLUS DRILLING PERMITS UNTIL SUCH TIME AS THE ENVIRONMENTAL ASSESSMENTS ARE COMPLETED BY THE USEPA AND THE STATE OF NEW YORK TO PROVIDE THE TECHNICAL BASIS ON WHICH TO CONTINUE ISSUING PERMITS. THIS IS NOT INTENDED TO INTERFERE WITH THE INTENSIONS OF MUNICIPALITIES TO BAN MARCELLUS GAS DRILLING.
Passed unanimously

Item 7. The AES Sweetwater Facility for Recycling Marcellus Frackwater Being Installed at the Morgantown Industrial park. How Does It Relate to Morgantown. Duane Nichols, Co-Chair of Watersheds Compact
Background
 Flowback water: Water used in hydraulic fracturing process is recaptured and has some potential for reuse.
 Facility has been proposed for MIP. 100 large trucks’ worth of flowback water. The company is hoping that it will serve the MIP wells, but no agreement currently. Regardless, it intends to be a long-term business processing flowback water from off-site wells. Water will be filtered. Solids will be disposed off-site. Water will be sent for reuse in other hydraulically fractured wells.
 Facility is going to be required to have Groundwater Protection Plan, and to not discharge to the River.

Item 8. Update on Wetzel County Marcellus Developments and Experiences. How Does It Relate to Morgantown. Bill Hughes, Wetzel County Action Group.
 Truck traffic
o “Victory Field”: 140 permitted wells in 28 mi2, located mostly in Wetzel, but partly in Marshall County.
o Area contains all narrow roads with limited alternate routes
 Water pollution from surface disturbance and runoff
 Air pollution
o Silica dust from sand cans
o Diesel fumes: diesel trucks and diesel motors on drill site
o Raw gas releases during “picking the line”
 Case study, 1200 PSI in 10” pipe
o Pipeline releases
 No one in the state of WV monitors, inventories, regulates or permits any air pollution from any gas well site at any time
 No consideration of cumulative effect of all Marcellus activities including compressor stations

Item 9. Resolution IV
BEST AVAILABLE CONTROL TECHNOLOGY FOR AIR EMISSIONS
GIVEN THE SIGNIFICANT ACTUAL AND POTENTIAL HEALTH HAZARDS DUE TO AIR POLLUTION CAUSED BY THE WIDESPREAD PROLIFERATION OF GAS WELLS AND RELATED ACTIVITIES IN WEST VIRGINIA, BE IT RESOLVED BY THE PEOPLE ASSEMBLED HEREIN INCLUDING THE WV/PA MON AREA WATERSHED COMPACT AND THE LEAGUE OF WOMEN VOTERS PARTICIPANTS, THE WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION IS REQUESTED TO IMMEDIATELY IMPLEMENT REGULATIONS TO REQUIRE THE BEST AVAILABLE CONTROL TECHNOLOGY (BACT ) FOR ALL AIR EMISSIONS DURING ALL ASPECTS OF WELL DRILLING AND PRODUCTION OPERATIONS.
Passed unanimously

Item 10. The Proposed Preston County landfill for Marcellus wastes under consideration in the Cheat River Watershed. How Does It Relate to Morgantown. Amanda Pitzer, Executive Director, Friends of the Cheat
Background
 CCS Midstream, a Canadian company
 Companies 1st and area’s 1st (WV-PA-OH) Marcellus waste landfill
 120 acre oil field waste landfill + additional acres for processing facility
 25-30 year “life expectancy”
 Process “exploration & production” waste from new natural gas production; not frack water
 Will send water to OH where underground injection of hazardous waste is still legal
 Solids
o Dried by-product of flowback water
o BTEX, radionuclides, barium, chlorides, and others
 “record exempt” by law, so not legally “Hazardous Waste”
 Why is it a bad location
o Restored watersheds : Big Sandy and Little Sandy
o Morgantown’s playground :

Item 11. Resolution V
OIL FIELD WASTE LANDFILL
BE IT RESOLVED BY THE PEOPLE ASSEMBLED HEREIN INCLUDING THE WV/PA MON AREA WATERSHED COMPACT AND LEAGUE OF WOMEN VOTERS PARTICIPANTS, WE OPPOSE THE SITING OF AN OIL FIELD WASTE LANDFILL ADJACENT TO BIG SANDY CREEK IN NORTHERN PRESTON COUNTY. WE URGE THE PRESTON COUNTY SOLID WASTE AUTHORITY NOT TO AMEND THEIR SITING PLANNING RULES AND NOT TO ALLOW AN EXCEPTION FOR THE PROPOSED LANDFILL. SUCH A LANDFILL WOULD POSE SERIOUS RISKS TO DRINKING WATER SUPPLIES, GROUND WATER SUPPLIES, THE ENVIRONMENT, AQUATIC LIFE, AND TO DOWNSTREAM RESIDENTS INCLUDING THOSE ON CHEAT LAKE.
Passed unanimously

Item 12. Status report on activities to ban Marcellus drilling in and around Morgantown and the watershed that provides drinking water to Morgantown. Don Spencer, Deputy Mayor, Morgantown.
 Two Resolutions:

o Resolution advocating for means for incorporated municipalities to protect their drinking water supplies and to prevent risk to public health, public safety and public welfare from Marcellus shale drilling. (Appendix C)
o Resolution requesting a WVDEP stop work order on the drilling in Marcellus shale within one mile of the Morgantown water supply intake until secure protection of municipal drinking water supplies as well as public health, public safety, and public welfare can be assured. (Appendix D)

o A motion of support was made and passed unanimously by those in attendance for the above two resolutions

 Two ordinances
o An ordinance of the Council of the City of Morgantown enacting Article 550 of the code of the city
 A motion of support was passed by those in attendance with two opposed.

o An ordinance of the Council of the City of Morgantown banning natural gas extraction in the city limits, and within one mile of city limits. Based on state code 8:12.19
 A motion of support was passed unanimously by those in attendance

Item 13. Resolution VI. This resolution was in support of the passing of a city ordinance by the Morgantown City Council, which would be a fusion of the Wellsburg and Pittsburgh Marcellus Fracking bans.
Passed unanimously

Item 14. West Virginia’s Source Water Assessment and Protection Program, Certification & Training program. How does it relate to Morgantown Needs?
Bill Toomey, DHHR, Bureau of Public Health.
Background
 A public water system is defined as any facility that provides water to 25 or more persons, or 15 or more service connections, at least 60 days of the year.
 SWAP is part of federal Safe Drinking Water Act
 Source water is the untreated raw water from surface waters and underground aquifers that serve as sources of a community’s drinking water

Item 15. WVDEP Division of Air Quality programs related to air quality protection. How does it relate to Morgantown needs? Randy Huffman, Cabinet Secretary, WVDEP and Staff
 Question posed to Randy by facilitator, Barry Pallay: What can the DEP do in the absence of new legislation?
o Regulatory framework for gas drilling is not set up to handle scope of hydraulic fracturing.
o 2010 legislative session did not pass any legislation. Mr. Huffman is fairly confident that legislation will be passed in the next session.
o DEP can’t go it alone; there are some emergency powers which they are investigating.
 Mr. Huffman was in D.C. today discussing potential federal legislation.
 The DEP has not, nor has anyone else according to Mr. Huffman, considered the cumulative impacts of Marcellus drilling as an aggregate. To do this would be a major shift in their thinking. This was discussed during their meetings in D.C.
 Question: Can permits be denied based on laws that require them to be?
o Mr. Huffman: If the permits violate the law, they need to be revised to be in compliance.
 Question: Can the criteria be changed by the DEP to affect the decisions.
o Mr. Huffman: DEP does not have the power; criteria are set by legislation
 Can you hold a permit until it be can fully evaluated by adequate personnel?
o Mr. Huffman: Yes
 Question from Jim Kotcon
o I’m concerned by the air pollution because of our topography and pre-disposition to thermal inversions. If you have the authority to regulate air quality, but the Division of Air Quality says it can’t, who can?
o Mr. Huffman: This is an issue of aggregate/individual contribution to air pollution. Issue is going to be researched more thoroughly by the Division of Air Quality.
 Question: Disinfection by-products have impacted public water supplies in Doddridge County, Monongahela River and Ohio River. Can you require companies to institute continuous monitoring of conductivity upstream and downstream of Marcellus well pads? Can you also require applicant to find out what public water supply intakes are downstream, to contact that public supply informing them of their plans to site the well, as a requirement of permits?
o While there was a response by Mr. Huffman, nothing was really said.
 Question: How would we know if there is contamination, since there is no requirement for on-site monitoring groundwater?
o Mr. Huffman: There would have to be a complaint, then investigation
 Question from Amanda Pitzer, Executive Director of the Friends of Cheat, Regarding casing inspections, has anyone inspected the casing of the well in the industrial park when it was installed?
o Jim Martin, Director of WVDEP Oil & Gas department: No
 Question: When the companies who have been asked to adopt the same precautions as the MIP wells call your office to ask if that’s what the WVDEP wants, will you say it is?
o Mr. Huffman: Yes
 Will you require BACT on all aspects of all Marcellus operations?
o Mr. Huffman: We will revisit in the sense of cumulative impact.
 How can you issue permits for Marcellus wells if they’re not the same as shallow wells?
o Mr. Huffman: no response
 Can we not learn from lessons learned in other states?
o Mr. Huffman: We are examining data and studies from other states.
 Regarding fate and transport of fracking chemicals, what does the state of WV know about the fate and transport of these chemicals?
o Mr. Huffman: Not allowing surface discharges of flowback water.
o Mr. Huffman: We know nothing regarding geologic escape.

Item 16. Army Corps of Engineer Water Resources and Management Programs, How Does It Relate To Morgantown Needs? Curt Meeder, Chief, Planning and Environment, US Army Corps of Engineers
 Corps Program & Project Authorities (Flood Risk Reduction, Water Quality, Water Supply, Navigation, Low Flow Augmentation, Environmental Restoration, Fish & Wildlife Enhancement, Regulatory, Recreation)
 Corps Natural Resources Responsibilities (Reservoir operations include downstream water quality and low flow augmentation, water quality data collection, water storage agreements with public entities, regulatory reviews & permits (wetlands, stream crossings), stewartship of natural resources at projects)
 Potential Impacts from Shale Gas Extraction (decline in water quality in some watersheds, excessive water withdraws from streams, proper treatment & disposal of used frac water, drill site practices to protect streams & wetlands, protecting acceptable water quality in rivers/streams as sources for drinking water)
 Corps Project Operations Challenges (Stonewall Jackson & Tygart Lake Reservoirs have limited capacity, Nov 2008 event. Unable to increase flows sufficiently to dilute downstream pollution – drinking water put at risk along Mon River, no private water withdrawls from Corps reservoirs, Pittsburgh District has shared our water quality data & provided comments on WV and Pa rule making related to deep well gas drilling)
 Concluding Points (Life cycle water management for hydraulic fracturing needs to be established in advance, water withdrawls & water quality monitoring must consider dry period conditions, No regional governance for Mon River/Upper Ohio River – creates a challenge for consistent regulation, monitoring, & enforcement of water withdrawl and water quality standards, Morgantown gas drilling permits need conditions such as developed by MUB prior to issuance)
 *Future dry periods need due consideration as they pose significant threats to water quality*

Item 17. Morgantown Utility Board. Tim Ball, Director, MUB
 MIP Gas Wells
o Not opposed to gas wells, but request all that can be done to protect water by these companies, be done.
o What we have secured in terms of commitments from Northeast Natural Energy, LLC
 Closed-loop drilling
 Closed-loop fracking
 Water based fluid rather than oil based fluid
 Redundant blowout preventer
 Other redundant systems
 MUB has been onsite on an almost daily basis since early May. MUB examined casing integrity testing.
 Off-site disposal of all waste
 Chain of custody records for all quantities of waste
 Access to their test records
o MUB has increased monitoring surrounding the site
o Participating in River Alert Information Network
o Continuous conductivity water being installed
 MUB’s contingency plan in case of spill
o Cobun Creek source, 9 day supply
o Coordinating adjustment of river flow from dams to flush spills past intake
o Emergency extension of intake 5000-6000 feet upstream of river, will take 2-4 days for implementation
 One time cost of 200k, 25k monthly
 Sweetwater
o It is MUB’s understanding that it is a zero-discharge facility
o EPA will not issue NPDES permit
o Will investigate Groundwater Protection Plan being offered by the company
 Sourcewater Protection
o There is a 2003 sourcewater protection plan, but it is essentially in template form. There is very little detail
 Mon River Basin Commission
o Think it’s an excellent idea, will pursue
 75% of water treatment plant upgrade completed.

Item 18. Resolution requesting MUB to request Northeast Natural Energy, LLC to post a bond to cover costs for emergency implementation of extension of intake upstream.
 Passed unanimously

Item 19. Morgantown Area Concerned Citizens (MACC). Kathy Cash.
 Invite participation
 Goal is Moratorium
APPENDIX A

DATA SHEET

NORTHEAST NATURAL ENERGY
(Data from public database of WV Office of Oil and Gas,
dated February 15, 2011, MIP 4H, #61-01622H)
Casing & Cementing Data, Directional Data, Wellbore Diagram

APPENDIX B

Fact Sheet: Northeast Natural Energy Wells
June 2, 2011

Well MIP 4H
 API Well Number: 47-6101622
 Application received by DEP early February 2011
 Horizontal Well Work Permit granted by DEP March 10, 2011
o Deep well
o Vertical section to be drilled 300 feet below Marcellus Shale. Will then be plugged with cement to kick-off point, then drilled horizontally
o Marcellus Shale approximately 7,600 feet below ground surface
o Total length of well, including vertical and horizontal: 11,456 feet
 Permit modified by DEP to incorporate MUB safeguards May 19, 2011
 Royalties: Enrout Properties, LLC to receive 18.5% (Book 1420, Page 577)
(Source: DEP and permit application)

Well MIP 6H
 API Well Number: 47-6101624
 Application received by DEP early March 2011
 Horizontal Well Work Permit granted by DEP March 23, 2011
o Shallow well
o Marcellus Shale approximately 7,600 feet below ground surface
o Total length of well, including vertical and horizontal: 11,500 feet
 Permit modified by DEP to incorporate MUB safeguards May 19, 2011
 Royalties:
o Enrout Properties, LLC to receive 18.5% (Book 1420, Page 571)
o MIPA, LP also to receive 18.5% (Book 1420, Page 577)
(Source: DEP and permit application)

Additional wells
 If successful, four more horizontal Marcellus wells will be drilled from the existing pad
(Source: DEP and permit application)

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Notable nearby sites:
 MUB drinking water intake on Monongahela River (~3,000 feet downstream from pad, ~1,500 feet downstream from where spills would enter the river)
 Morgantown Ordnance Works Superfund site (just south of pad)
 GE North RCRA remediation site (just north of pad)
 Dorsey’s Knob Park, White Park, Mountaineer Mall, numerous businesses and homes within 1 mile of pad
 Skyview Elementary, Westwood Middle schools ~1 mile from pad
 South Middle School ~1.5 miles from pad
(Source: Map)

Enrout Properties, LLC
 Effective date: 1/25/2006
 6 Canyon Rd, Suite 300, Morgantown, WV 26505
 Members: Glenn Adrian, Kevin Adrian, Ryan Adrian, Michael Bland + 1 more, all of Morgantown
(Source: West Virginia Secretary of State)

Morgantown Industrial Park Associates (MIPA), LP
 Effective date: 12/9/1983
 John R. Snider, PO Box 547, Charleston, WV 25322
(Source: West Virginia Secretary of State)

APPENDIX C

RESOLUTION ADVOCATING FOR MEANS FOR INCORPORATED MUNICIPALITIES TO PROTECT THEIR DRINKING WATER SUPPLIES AND TO PREVENT RISKS TO PUBLIC HEALTH, PUBLIC SAFETY AND PUBLIC WELFARE FROM MARCELLUS SHALE DRILLING

Whereas, natural gas drilling is important but not as important as the water aquifers, watersheds, air quality and infrastructure, which support the life and diverse economy of the State’s citizens and its communities, and

Whereas, neither the EPA nor the Department of Energy nor the Congress nor the WV State Legislature have set forth standards for safe horizontal drilling and fracking in deep shale formations, and

Whereas, the drilling for natural gas in the Marcellus Shale requires hydraulic fracturing techniques which involve 1) the transport, use, and storage of millions of gallons of water for each frac job, 2) the transport, storage and use of hazardous chemicals, 3) the production of drill tailings and air emissions, and 4) the management, storage and transport of waste water which contain heavy metals, high concentrations of brine, processed water, and naturally occurring radioactive materials which must be carefully managed to prevent contamination by high quantities of total dissolved solids (TDS) which cannot be filtered by a municipal water and sewer treatment systems, and

Whereas, any mismanagement of the well casing management program including cement processing and curing, any mismanagement of spills, disposal, and transport of large quantities of used waste/brine/processed water with chemical solutions, any large or sustained releases of methane, other gases and liquid hydrocarbons, and day/night-time drilling noises can pose serious damage to drinking water supplies, public health, public safety and public welfare for a diverse metropolitan population and its economy, and

Whereas, to-date numerous citations have been issued by the DEP and/or the EPA for failure to comply with acceptable well siting, operations and environmental standards reflecting a current degree of inconsistency and unreliability in complying with basic standards even by established drilling corporations, and

Whereas, the public water supply in a city such as Morgantown serves more than 90,000 residents, businesses and visitors who cannot afford to be subject to the possibility of a breakdown in waste/frac/processed water containment systems, such as the unplanned malfunction event on April 19-21 which overwhelmed the containment systems of an experienced drilling corporation and entered a tributary of the Susquehanna River in northeast Pennsylvania, and

Whereas, in addition to multiple types of risks to the water supply for thousands of people, at-risk citizens with breathing, cardiac and immune system problems face probable exposure to gas releases including flaring; many persons of all ages – including school children – face the significant nuisance of sustained drilling noise; and persons traveling on drilling site-area roads and bridges – who already cope with high traffic on the under-developed roads – will have to accommodate a significant increase in heavy trucking and equipment transport as well as increased road damage,

Now, Therefore, Be It Resolved, the City of Morgantown urges the State legislative delegation in Monongalia County and other members of the West Virginia State Legislature to develop comprehensive standards for Marcellus Shale drilling (in addition to the recommended standards proposed in the original versions of WVDEP’s SB 424, HB 3042, and in the Joint Judiciary Committees’ SB 258, HB 2878) which will address expanded oversight by the Department of Environmental Protection, the Department of Health and the Department of Transportation to the following urgent needs:

1. Need for specified comprehensive risk criteria used to issue permits to include an evaluation of impacts on public health, public safety, and public welfare;

2. Need for standards for casing construction relative to the number of pounds (p.s.i.) of pressure used in the drilling and fracking processes;

3. Need for sufficient numbers of inspectors to make frequent visits to well sites to inspect casing procedures as well as to monitor air, water, noise, road conditions, working conditions of employees and other indicators of responsible protection for the shared human and natural environment;

4. Need for explicit authorization for a West Virginia municipality to adopt by ordinance a ban on Marcellus Shale drilling within its incorporated boundaries, within a mile outside of the municipal boundaries, and within a mile of a municipal water supply in-take;

5. Need for a requirement that all Marcellus Shale drilling permits issued for well site development two miles or less from incorporated municipal boundaries include proper public notice and public hearing with agency representatives from each State and local oversight and stakeholder agency attending before a permit is issued;

6. A requirement that the permit bond be required for a Marcellus Shale drilling be more consistent with real and potential damage costs – the excess likely to be ultimately borne by the public – for the services and infrastructure negatively impacted by high profit invasive drilling operations;

7. The need for standards requiring that only “green” fracking chemicals be permitted in Marcellus Shale drilling in WV in order to further protect the quality of water in aquifers and watersheds which serve present populations and are needed to support future generations.

Let it be further resolved, that the legislators work to enable incorporated municipalities to be given the power to enact ordinances and regulations for the purpose of maintaining and protecting municipal waterworks from injury and to protect the water from pollution in lands and territory occupied by such waterworks, and over the streams or sources, including groundwater, from which the water is taken for five (5) miles above the point from which it is taken (Colorado State Constitution, Section 31-15-7071(1)(b).

Let it be still further resolved, that the legislators work with the City of Morgantown and other cities to petition Congressional leaders to amend the federal Safe Drinking Water Act which as of 2004 exempts hazardous chemicals used in hydraulic fracturing – even diesel fuel – from limitation.

Adopted this seventh day of June, 2011.

APPENDIX D

RESOLUTION REQUESTING A WVDEP STOP WORK ORDER ON THE DRILLING IN MARCELLUS SHALE WITHIN ONE MILE OF THE MORGANTOWN WATER SUPPLY INTAKE UNTIL SECURE PROTECTION OF MUNICIPAL DRINKING WATER SUPPLIES AS WELL AS PUBLIC HEALTH, PUBLIC SAFETY, AND PUBLIC WELFARE CAN BE ASSURED

Whereas, the drilling for natural gas in the Marcellus Shale requires hydraulic fracturing techniques which involve 1) the transport, use, and storage of millions of gallons of water for each frac job, 2) the transport, storage and use of hazardous chemicals, 3) the production of drill tailings and air emissions, and 4) the management, storage and transport of waste water which contain heavy metals, high concentrations of brine, processed water, and naturally occurring radioactive materials which must be carefully managed to prevent contamination by high quantities of total dissolved solids (TDS) which cannot be filtered by a municipal water and sewer treatment systems, and

Whereas, any mismanagement of the well casing management program including cement processing and curing, any mismanagement of spills, disposal, and transport of large quantities of used waste/brine/processed water with chemical solutions, any large or sustained releases of methane, other gases and liquid hydrocarbons, and day/night-time drilling noises can pose serious damage to drinking water supplies, public health, public safety and public welfare for a diverse metropolitan population and its economy, and

Whereas, to-date numerous citations have been issued by the DEP and/or the EPA for failure to comply with existing well siting, operations and environmental standards reflecting a current degree of inconsistency and unreliability in complying with basic standards even by established corporations, and

Whereas, neither the EPA nor the Department of Energy nor the Congress nor the WV State Legislature have set forth standards for safe horizontal drilling and fracking in deep shale formations; nor have questions about casing construction/inspection relative to pressure (p.s.i.) used in fracking been publically addressed; nor have questions relating to water and air conditions relating to well-site work on a Superfund site as such work relates to public health and safety been publically reviewed; and nor has the protection against the risk of instability of the subsoils along the Monongahela River and its “slumping banks” been explained, and

Whereas, the public water supply in Morgantown serves more than 90,000 residents, businesses and visitors who cannot afford to be subject to the possibility of a breakdown in waste/frac/processed water containment systems such as the unplanned malfunction event on April 19-21 which overwhelmed the containment systems of an experienced drilling corporation and entered a tributary of the Susquehanna River in northeast Pennsylvania, and

Whereas, in addition to multiple types of risks to the water supply for thousands of people, at-risk citizens with breathing, cardiac and immune system problems face probable exposure to gas releases including flaring; many persons of all ages – including school children – face the significant nuisance of sustained drilling noise; and persons traveling on drilling site-area roads and bridges – who already cope with high traffic on the under-developed roads – will have to accommodate a significant increase in heavy trucking and equipment transport as well as increased road damage,

Now, Therefore, Be It Resolved, the City Council of Morgantown calls for the WV Department of Environmental Protection to issue a stop work order on all Marcellus Shale drilling within one mile of the Morgantown municipal water in-take on the Monongahela River until secure protection of the City municipal drinking water supply as well as City public health, public safety, and public welfare can be assured.

Adopted this seventh day of June, 2011. _______________________
Mayor, City of Morgantown

Attest: _______________________
City Clerk

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August 23, 2011

Members of Morgantown City Council City Hall Morgantown, WV

Dear Members of City Council:

The League of Women Voters of Morgantown-Monongalia County would like you to Appeal the recent ruling by Judge Tucker against the Ban on Marcellus Shale Fracking in and around Morgantown.

In her ruling the Judge states that the environmental issues [...]]]> Change.org|Start an Online Petition »

August 23, 2011

Members of Morgantown City Council
City Hall
Morgantown, WV

Dear Members of City Council:

The League of Women Voters of Morgantown-Monongalia County would like you to Appeal the recent ruling by Judge Tucker against the Ban on Marcellus Shale Fracking in and around Morgantown.

In her ruling the Judge states that the environmental issues are being addressed by Governor Tomblin’s executive order of July 5. The DEP has now issued their emergency rules requested by the Governor regarding Marcellus drilling. They are not at all adequate to protect the City of Morgantown from the nearby Marcellus drilling. As you know, Northeast has said they want to drill six wells on the pad across from Morgantown. They have permits for two. The public notice procedure in the new rules calls for a notice of application for a permit “within the boundaries of any municipality”. Northeast’s wells are outside the boundaries. We would not have notice of an application for the next four wells. Even if the City did have notice, there is no mention of public comment, let alone public influence on any permitting decision.

The Select Legislative Committee which is charged with developing Marcellus regulations seems to be divided between proceeding this fall and waiting to let the full Legislature create and pass regulations in January. If they wait, there would probably be no regulations in effect until next July at the earliest.

Meanwhile, the DEP is giving out permits that will only be subject to the DEP rules. These rules do not protect surface owners, do not fund more inspectors for DEP, or control air emissions, or develop adequate bonding , or permit water withdrawals , or monitor stream levels, or create adequate distances from populations, homes, schools, hospitals and other sensitive places, or provide for the cumulative impact of multiple wells in a community including truck traffic, road destruction and noise pollution.

The League of Women Voters requests that City Council appeal the judgment handed down by Judge Susan Tucker on August 12, 2011, regarding the City’s right to pass an Ordinance banning fracking in and around Morgantown.

The State of West Virginia still does not have adequate regulations to protect Morgantown from the negative effects of Marcellus Shale drilling and fracking.

Sincerely,

The League of Women Voters of Morgantown-Monongalia County

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