NORTHRUP

December 18, 2012 Attn: Draft HVHF Regulations Comments New York State Department of Environmental Conservation 625 Broadway Albany, NY 12233-6510 Re: State Lands Not Protected by Proposed Regulations Revised Proposed Express Terms 6 NYCRR 52 and 190 Summary State parks and historic sites are not protected from HVHF drilling at all by these proposed regulations.1 State lands administered by the Division of Fish, Wildlife and Marine Services, (ie. lakes, stream and rivers) and lands administered by the Division of Lands and Forests are not protected from the encroachment of HVHF at their boundaries or from horizontal laterals being drilled directly under them. State Lands Administered by the Division of Fish, Wildlife and Marine Services New York’s proposed fracking regulations contain a loophole that would enable HVHF drilling directly under state lakes a by simply requiring the HVHF drilling pad to be on private land. Meaning the operator would lease enough land for a drilling site next to the lake, then turn the horizontal section of the well under the lake.

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State parks, golf courses and historic sites are administered by the New York State Office of Parks, Recreation, and Historic Preservation. http://nysparks.com/ No protections are proposed for state parks, not even a setback for HVHF wells, though such prohibitions and setbacks are not uncommon in other states and Canadian provinces. http://www.scribd.com/doc/72545747/Worst-Fracking-Regs Without specific protections in the drilling regulations, that leaves those properties vulnerable to drilling. http://blog.shaleshockmedia.org/2012/12/17/fracking-new-york-state-parks-golf-coursesand-historic-sites/

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52. Use of State Lands Administered by the Division of Fish, Wildlife, and Marine Services “52.3 Prohibitions. Notwithstanding any other provision of this title, surface disturbance associated with the drilling of a natural gas well subject to Part 560 of this Title on State lands is prohibited and no permit shall be issued authorizing such activity. This prohibition shall apply to any pre-existing leases and any new leases issued for oil and gas development on State lands. This prohibition, however, does not include subsurface access to subsurface resources located under State lands from adjacent private areas. ” “Marine Services” has jurisdiction over most state lakes and some rivers. The last sentence in the paragraph creates a loophole to drill horizontally under state lakes from private property on the shore. In effect, a state owned lake, river or stream could be ringed by drilling rigs, which could contaminate the water body. Drilling gas wells is a textbook way to introduce methane into such bodies of water and groundwater.2 This loophole would allow horizontal shale gas wells to be drilled under all of the major lakes within the state except for the New York City reservoirs. This means that a horizontal shale well could be drilled under Lake Cayuga, Lake Otsego etc., so long as the well pad was 2,000 feet away from the lake shore. Since horizontal shale wells can run laterally more than 2,000 feet, this would effectively enable a gas well to go under the lake – or stream or river. In addition to gassing groundwater via methane migration3 horizontal shale fracks can go “out of zone” which could directly communicate with water bodies via natural faulting.4 Siting HVHF near water bodies exposes them to contamination from drilling activities. No HVHF wells should be permitted with laterals under state controlled bodies of water, and an appropriate setback for HVHF established under 560.4 from all state owned surface water features. State lands Administered by the Division of Lands and Forests
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http://www.scribd.com/doc/66390117/SGEIS-Aquifers

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http://www.nicholas.duke.edu/hydrofracking/methane-levels-17-times-higher-in-waterwells-near-hydrofracking-sites
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http://pubs.usgs.gov/ds/718/DS718_508.pdf

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A loophole in the proposed state fracking regulations will permit HVHF laterals to be run under state forests – from a well pad outside the forest. 190 State Lands administered by the Division of Lands and Forests “A new subdivision is added to section 190.8 of 6 NYCRR to read as follows: “Notwithstanding any other provision of this title, surface disturbance associated with the drilling of a natural gas well subject to Part 560 of this Title on State owned lands is prohibited and no permit shall be issued authorizing such activity. This prohibition shall apply to any pre-existing and new leases issued for oil and gas development on State owned lands. This prohibition shall not apply to subsurface access to subsurface resources located under State owned lands from adjacent private areas. ” The lateral section of a HVHF well could run up to a mile into a state forest. There is not even a setback proposed. Which means that the forest could be ringed by HVHF wells, gas processing plants, compressor stations, pipelines, etc. Some leases have already been made next to state lands, possibly with this loophole in mind. See for instance the Norse Energy leases next to state lands in Chenango County, shown on the attached map. Drilling of well laterals should not be allowed under state forests and an appropriate setback established under Part 560.4 for any wells adjacent to state lands.

James L. Northrup 17 River Street Cooperstown, NY 13326

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