(c) 2009, Sterling Environmental Engineering, P.C. 1 A PROACTIVE MUNICIPAL RESPONSE TO NATURAL GAS DEVELOPMENT December 2, 2009 Mark P. Millspaugh, P.E.

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Presentation transcript:

(c) 2009, Sterling Environmental Engineering, P.C. 1 A PROACTIVE MUNICIPAL RESPONSE TO NATURAL GAS DEVELOPMENT December 2, 2009 Mark P. Millspaugh, P.E. Sterling Environmental Engineering, P.C. 24 Wade Road Latham, New York (518)

(c) 2009, Sterling Environmental Engineering, P.C. 2 Natural Gas Drilling and the State Environmental Quality Review Act (SEQRA)  Site Specific Environmental Review  Generic Approach for Environmental Review  Generic Environmental Impact Statement (GEIS)  Original GEIS Issued 1992  Supplement Underway to Address Horizontal Drilling Technology

(c) 2009, Sterling Environmental Engineering, P.C. 3 NYSDEC Staffing  Thousands of Drilling Applications  Staff of 19 People  Generic Environmental Review  Review of individual applications will be minimal if application is consistent with GEIS.

(c) 2009, Sterling Environmental Engineering, P.C. 4 Supplemental Draft GEIS (SDGEIS)  Currently out for public comment.  Mandated environmental compliance and minimum required Best Management Practices (BMPs) are summarized.  Public comment period ends 12/31/09.

(c) 2009, Sterling Environmental Engineering, P.C. 5 Preemption  What is “Drilling Activity”?  Role of local government is limited.  Environmental compliance standards & permit requirements.

(c) 2009, Sterling Environmental Engineering, P.C. 6 Preemption (continued)  Local approvals.  Road, local government has clear authority.  Site Plan/Special Use?  Building Permits?  Zoning?  Local Ordinances?  Stormwater?  Other potentially applicable permits:  Wetland (Army Corps.)  Stream disturbance  Stormwater

(c) 2009, Sterling Environmental Engineering, P.C. 7 SEQRA  Actions:  Type 1  Type 2  Interested and Involved Agency  Lead Agency  Lead Agency Dispute  Coordinated Environmental Review (NYSDEC must coordinate if local permits/approvals are required)  Findings of Significance  Adjudication

(c) 2009, Sterling Environmental Engineering, P.C. 8

9 What can local government do?  Get immediately involved in the GEIS process:  Identify local resources to be protected.  Identify all applicable and relevant local statutes and regulations.  Identify local rulemaking opportunities to strengthen local position.  Communicate with NYSDEC  Provide detailed written comments on SDGEIS.  Build a record.

(c) 2009, Sterling Environmental Engineering, P.C. 10 What can local government do? (continued)  Force local involvement in individual permit applications:  Force coordinated SEQRA review.  Assure that drilling triggers the need for local permits/approvals.  Influence NYSDEC permitting decisions & specific permit conditions.

(c) 2009, Sterling Environmental Engineering, P.C. 11 Identify Local Resources Aquifers & UsersAquifers & Users WetlandsWetlands FloodplainsFloodplains HabitatsHabitats RoadsRoads Sensitive Land Use Sensitive Land Use  Parks  Preserves  Scenic Vistas  Hospitals  Schools  Residential Areas

(c) 2009, Sterling Environmental Engineering, P.C. 12 Identify Local Resources (continued) Applicable Local LawsApplicable Local Laws  Road Protection Ordinance  Noise Ordinance  Fugitive Light  Stormwater (MS4) Archeological & Historic Resources and Structures Archeological & Historic Resources and Structures Sensitive Viewsheds Sensitive Viewsheds Wild, Scenic, Recreational Rivers Wild, Scenic, Recreational Rivers

(c) 2009, Sterling Environmental Engineering, P.C. 13 Identify Local Resources (continued) Communicate this information to NYSDEC during the comment period on the SDGEIS. This places NYSDEC on notice that the identified resources are important to local government.This places NYSDEC on notice that the identified resources are important to local government. Keep comments balanced & professional.Keep comments balanced & professional. Do not overreach.Do not overreach.

(c) 2009, Sterling Environmental Engineering, P.C. 14 Individual NYSDEC Permit Review  Identify lands under lease.  Closely monitor NYSDEC permitting activity.  Force coordinated SEQRA review where feasible and appropriate.  Influence specific permit conditions to address significant local issues.  Stand your ground.  SEQRA adjudication.

(c) 2009, Sterling Environmental Engineering, P.C. 15 Individual Permits  Assert legitimate local issues and seek permit conditions:  Noise  Visual Impacts & Fugitive Light  Emergency Services, 911 Response  Tree Removal/Land Clearing  Local Roads  Site Reclamation  Create appropriate legal foundation for permit decisions and challenges under SEQRA.

(c) 2009, Sterling Environmental Engineering, P.C. 16 Additional Considerations Host Agreement Host Agreement Emergency Response Plan Emergency Response Plan Local Site Plan Review Local Site Plan Review  General Site Layout  Road Construction (and impact on future subdivision) Aquifer Protection Aquifer Protection Stormwater Mandates (MS4) Stormwater Mandates (MS4)

(c) 2009, Sterling Environmental Engineering, P.C. 17 Additional Thoughts Drilling will happen, be reasonable and realistic.Drilling will happen, be reasonable and realistic. Strong local support for drilling.Strong local support for drilling.  Recognize the economic benefit.  Be respectful of leaseholders interests.

(c) 2009, Sterling Environmental Engineering, P.C. 18 Mark P. Millspaugh, P.E. President 24 Wade Road Latham, New York (518)