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NO SPECIAL PROTECTION: The Exceptional Value Loyalsock Creek In Lycoming County Is Dammed And Damned

Video Dispatch From The Loyalsock: Water Withdrawal Point Construction October 13, 2022, another muddy sediment plume.

 

By Barb Jarmoska, Keep It Wild PA 

 

​The Loyalsock Creek, Pennsylvania’s River of the Year in 2018, is a beautiful mountain stream that travels through Lycoming County on its way to the West Branch of the Susquehanna River. 

Designated an “Exceptional Value” waterway by the Department of Environmental Protection (DEP), the Loyalsock provides solace, joy, adventure and a connection to the natural world to thousands of anglers, kayakers, inner-tubers, swimmers, bird watchers, photographers and sightseers. 

Older generations regale with stories of summers spent at Best Beach, while water-loving folks of all ages extol the virtues of World’s End, the Haystacks, Hidden Valley and all the beloved places along the ‘Sock. 

Water that dances and glimmers and sustains the lives of fish, amphibians, birds and wildlife is freely offered to all. 

Those who know this creek intimately attest to “Loyalsock Magic”; I am fortunate to be among them.

  I’ve spent every one of my 74 summers on the ‘Sock. My fondest early memories are tied to the mile-long section of the creek that flows alongside the 20 acres my grandfather purchased in 1933, and where I now live year-round. 

I’ve witnessed many changes to the creek over those seven decades, some wrought by nature, most by human hands, a great majority of them negative.

  Underground, a mile beneath the creek’s waters, lies the Marcellus Shale, a geological formation that may prove to have the most detrimental bearing of all on the Loyalsock. 

Currently, there are four permitted water withdrawals on the creek, granted to the fracked gas industry by the Susquehanna River Basin Commission (SRBC). These permits allow the industry to withdraw a total of 6,900,000 gallons of water per day from the creek.

  From 2008 to 2018, the industry reported taking 595,172,958 gallons from our Loyalsock, which in many places is no more than knee deep from shore to shore. 

The fresh water is then mixed with toxic chemicals and sand and forced at great pressure down hundreds of well bores to fracture the shale below, thereby releasing the methane gas to the surface.

I offered testimony at the public hearings that were held by SRBC for two of those withdrawals. Despite rooms packed with impassioned citizens who provided stories and all manner of sound reasons why the permits should be denied – all four applications have been approved.

  A retired couple who once lived adjacent to my property sold out to Pennsylvania General Energy (PGE), a fossil gas driller happy to pay an inflated price for their 90+ acres. The couple left the state, and PGE subsequently demolished their home and turned the land over to the PA Department of Conservation and Natural Resources (DCNR) to be annexed to the Loyalsock State Forest.

  PGE then received new gas leases from DCNR for the entire parcel, permitting a massive industrialization project that includes multiple new well pads and access roads, up to 80 new fracked gas wells, a high-pressure gas gathering line and permission to clear-cut a large swath of forest on which to build the water pumping station. 

This work is occurring in areas already known for susceptibility to landslides and erosion, thereby posing a continued threat to our Loyalsock.

In addition to SRBC and DCNR permits, the drilling company was also granted permits from Pennsylvania DEP, giving a green light to work in the creek itself. (When it comes to Marcellus Shale projects, these state agencies always appear to work as a well-oiled trio.) 

I was among those who believed that the “Exceptional Value” designation given to the Loyalsock by DEP would spare our beloved creek from the worst of the potential degradation. 

I was wrong. 

With their surface water withdrawal and submerged land use permits for the Loyalsock Creek in hand, work crews arrived in July. 

The initial construction project was a coffer dam for the water withdrawal where up to 2 million gallons of creek water per day can be pumped up the steep mountain slopes on either side of the creek and used to frack the fossil gas wells.

  By September, construction of PGE’s coffer dam and dewatering site had caused enough damage to the waters of the Loyalsock to warrant nine separate violations of the Clean Streams Act, issued by DEP. 

The greatest insult to these waters came on October 13th, the day PGE rolled into the creek in a big CAT dozer and pulled out the construction materials used to build the coffer dam.

  I first realized there was a problem that day when I looked out my front window and saw the dense and growing plume of mud and silt traveling downstream. 

After filming the mud plume from my front yard and sending the video to DEP, I went to the construction site where I stood on the bank of the creek, taking photos and watching in dismay. 

The degradation was unmistakable, just as it had been multiple times in the previous two months.

  I received a call from DEP later that afternoon. The DEP employee was polite and respectful, thanked me for my incident report and told me, “I thought you deserved a phone call”. 

He explained that the degradation caused by a mud plume that lasted several hours was triggered by the removal of the coffer dam and “was to be expected.” “Expected? In an EV waterway? How can that be?” No reasonable response was forthcoming.

  I looked up the waterway designation language on the DEP website. Chapter 93.4a of the “ANTIDEGRADATION REQUIREMENTS” clearly states that “The water quality of Exceptional Value waters shall be maintained and protected.” 

In spite of the straightforward language, four water withdrawal permits and accompanying permits for pipelines and drilling sites have been issued in the Loyalsock Creek watershed. 

Already, it is obvious that water quality has neither been adequately maintained nor protected. 

There is no doubt that habitats for trout prized by anglers and the rare Eastern Hellbender are already being impacted by this work. 

And this is just the beginning of Pennsylvania General Energy’s project on State Forest land in our community.

  Three government agencies have a responsibility to protect the water quality of the Loyalsock: the Department of Environmental Protection, the Susquehanna River Basin Commission and the Department of Conservation and Natural Resources, owner of the creek bed and the State Forest land.

Contrary to state law and regulations, the Loyalsock Creek has been both dammed and damned as a result of the massive water needs of the fossil fuel industry.

Video Dispatch From The Loyalsock: Water Withdrawal Point Construction October 13, 2022, another  muddy sediment plume.

  For more information on natural gas development in the Loyalsock Creek Watershed, visit the Keep It Wild PA website. Questions should be directed to Barb Jarmoska, 570-772-3742.

(Photos: Top- Overview of water withdrawal site at beginning of construction; Photos taken on October 13, 2022 during another muddy sediment plume event in the Loyalsock Creek.)

 

Related Articles This Week:

-- Susquehanna River Basin Commission Has No Exclusion Zones For Water Withdrawals From Any Streams, Including EV Or HQ Streams Subject To Water Quality Antidegradation Rules [PaEN]

-- PA League Of Women Voters, University Of Pittsburgh Graduate School Of Public Health Host 2022 Shale Gas & Public Health Conference Online Nov. 15-16  [PaEN]

Related Articles - PGE Project:

-- Exceptional Value Water Quality Designation, State Forest Land, River Honors Were Not Enough To Protect Loyalsock Creek From Natural Gas Drilling & Pipelines In Lycoming County - By Friends Of The 'Sock   [PaEN]

-- Rare Eastern Hellbender Habitat In Loyalsock Creek, Lycoming County Harmed By Sediment Plumes From Pipeline Crossings, Shale Gas Drilling Water Withdrawal Construction Projects  [PaEN]

-- DEP, Fish & Boat Commission Investigate Multiple, Continuing Water Pollution Discharges From PGE Natural Gas Pipeline Construction Site On Loyalsock Creek, Lycoming County  [PaEN]

-- DEP Issues 2 NOVs Against PA General Energy For Water Pollution Discharges Into The Loyalsock Creek From Gas Pipeline/Water Withdraw Construction In Lycoming County  [PaEN]

News

Related Articles - Loyalsock:

-- Loyalsock Creek Named 2018 PA River Of The Year In Public Voting

-- Middle Susquehanna RiverKeeper Hosts Nov. 17 A Year In The Life Of The PA River Of The Year Loyalsock Creek In Williamsport

-- DCNR, Partners Celebrate Loyalsock Creek’s River Of The Year Honor, PA Rivers Month

[Posted: October 17, 2022]  PA Environment Digest

Monday PA Environment & Energy NewsClips 10.17.22

Are You Telling Your Story?

Senate returns to session October 17, 18, 19, 24, 25, 26, November 15 [Adjourn for year]

     -- Committee Schedule

House returns to session October 24, 25, 26, November 14, 15, 16 [Adjourn for year]

     -- Committee Schedule

TODAY’s Calendar Of Events 

 

TUESDAY 11:30:  Senate Consumer Protection & Professional Licensure Committee hearing to consider PUC nominees Katie Zerfuss, John F. Coleman, Jr. (Incumbent) and Stephen DeFrank.  Room 461.  Click Here to watch live.


TUESDAY 12:30:  Agenda Posted. DEP Citizens Advisory Council meeting.  Room 105 Rachel Carson Building. 12:30 p.m. See webpage for remote options to join the meeting.  Contact: Keith Salador, Executive Director, ksalador@pa.gov.   Read more here on the agenda.


TUESDAY 6:00:  PA Association of Environmental Educators Professional Development Webinar: Setback Distances For Unconventional Shale Gas Well Pads - How Close Is Too Close?  6:00 to 7:00 p.m.

 

-- October 17 PA Environment Digest Now Available  [PaEN]

 

-- NO SPECIAL PROTECTION: The Exceptional Value Loyalsock Creek In Lycoming County Is Dammed And Damned - Video Dispatch From The Loyalsock - By Barb Jarmoska, Keep It Wild PA 

 

-- Susquehanna River Basin Commission Has No Exclusion Zones For Water Withdrawals From Any Streams, Including EV Or HQ Streams Subject To Water Quality Antidegradation Rules  [PaEN]

 

-- PA League Of Women Voters, University Of Pittsburgh Graduate School Of Public Health Host 2022 Shale Gas & Public Health Conference Online Nov. 15-16  [PaEN]

 

-- Citizens Voice Editorial: Subsidizing Pollution - Taxpayers Pay $1.7 Billion To Subsidize Shell Ethane Plant In Beaver County [$670,000 Shell Pipeline]

 

-- GANT News: PA Coal Companies Showcase Employee Safety Records, Mine Reclamation Enhancements

 

-- Bloomberg: The Coal Is Gone, But The Mess Remains - How Big Companies Shed Their Obligations To Clean Up Old Mines [Includes Fmr DEP Bureau Of Mining & Reclamation, OSM Director Joe Pizarchik]

 

-- Financial Times: The Big Read - America’s Green Revolution Comes To Coal Country

 

-- Post-Gazette: Ask Me About Winning A Major Grant For Climate-Smart Farming [PASA Sustainable Agriculture] 

 

-- WHYY: PA’s Pandemic Water/Wastewater Bill Aid Program Will End Oct. 28

 

-- Centre Daily Times: Recycling: Bulk Waste Collection, Cleanest Tailgate Contest, More Fall Reminders

 

-- Bay Journal - Ad Crable: Rare Regal Fritillary Butterflies Find Refuge Thanks To Explosions At PA Fort Indiantown Gap

 

6th Oil/Natural Gas Spike: True Energy Independence Means Renewables

[There Is No Limit To What Oil/Natural Gas Industry Can Make You Pay]

 

-- Post-Gazette: Steep Increase In Natural Gas Price Pushes Utility Bills Higher As The Weather Turns Colder

 

American Rescue Plan Funding

 

-- $11 Billion In Federal American Rescue Plan Funding To PA State Government, Local Governments Has Yet To Be Invested.  What’s Your Community Doing?


PA Politics - Everything Is Connected

-- Erie Times: Candidates For Governor Both Say They’re The ‘Freedom’ Guy, But What Does That Even Mean?

-- Post-Gazette: Allies Of Dr. Oz, Fetterman Give Advice Ahead Of U.S. Senate Candidates’ Debate - Just Stick To The Issues

-- Erie Times: Republican Candidate For State House Fueled By Discredited Conspiracies In Erie

-- MCall Guest Essay: Proposed State Constitutional Amendments Are Dangerous Attacks On System - PA League Of Women Voters

-- MCall - Bill White: Toxic Political Ads Taking Over Your TV

-- Wilkes-Barre Times: Senators Baker, Haywood Announce Bipartisan Guardianship Legislation

-- Courier Times: PA Schools Lack Policies That Protect LGBTQ Students And District Taxpayers, Experts Say

-- AP: 3 People Killed, 1 Wounded In Pittsburgh Shooting

-- TribLive: Carnegie Mellon’s African Campus Works To Foster Digital Transformation

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[Posted: October 17, 2022]  PA Environment Digest

Senate Committee Meets Oct. 18 To Consider Bill To Deny Counties Drilling Impact Fee Revenue If Only 99% Of The Land In Their County Is Available For Shale Gas Leasing; Other Bills

The
Senate Environmental Resources and Energy Committee is scheduled to meet October 18 on a variety of bills, including legislation to deny counties Act 13 drilling impact fee revenue if only 99% of the land in their county is available for shale gas drilling.

The bills include--

-- Denying Drilling Impact Fees When 99% Of Land Available For Leasing: Senate Bill 1331 (Yaw-R-Lycoming) would deny counties revenue from the Act 13 drilling impact fee if they ban fracking on county-owned lands.  This is in reaction to a ban Allegheny County enacted for its park land earlier this year which makes up less than 1 percent of the land area in the county.  But the big picture is this-- 99% of land remaining in the County could be leased for shale gas drilling, but that’s not enough, apparently.  Read more here.

-- Philadelphia LNG Study Tasks Force: House Bill 2458 (White-R-Philadelphia) create a taskforce to study the exportation of liquefied natural gas (LNG) to supply the energy needs of allies around the world and what obstacles are currently preventing Philadelphia from

becoming a leader in exporting LNG.  [Forbes: LNG exports lead to record U.S. natural gas prices, higher heating bills + Facilities taken years to build.]

-- Award Oil & Gas Well Plugging Contracts Without Regard To Cost: House Bill 2528 (Struzzi-R-Indiana) would mandate DEP award oil and gas well plugging contracts to Pennsylvania contractors [with no regard for cost to taxpayers].

-- Protecting Military Installation Air Space From Wind Mills:  House Bill 2367 (Mako-R-Northampton) would limit the issuance of permits for construction of wind turbines that could negatively affect military air space.

-- House Republican Bills Attempting To Address Local Flooding by digging out stream channels and not through natural stream restoration techniques designed to prevent flooding and debris build up--

     -- House Bill 2404 (Owlett-R-Tioga): Would allow local government organizations to apply for a permit for continuing maintenance for a period of at least 10 years for the streams within their jurisdiction. This permit would grant an affirmative duty to the local government entity to properly maintain the streams and would not require the local government to get pre-approval for maintenance projects.

     -- House Bill 2405 (Pickett-R-Bradford): Would create a program that allows counties to opt in to address hazards within their streams by allowing for emergency maintenance permits in consultation with their county conservation district. This is modeled after a pilot project that has proven successful in Bradford County [but only after a detailed evaluation of county streams].

     -- House Bill 2406 (Fritz-R-Susquehanna): Would create a permit specific to smaller maintenance projects for the mitigation of flood-related hazards of less than 250 linear feet. This permit would be reviewed and issued by the local county conservation district.

     -- House Bill 2407 (Hamm-R-Lycoming): Would clarify that the Pennsylvania Fish and Boat Commission has no authority for permitting or enforcement related to stream clearing or maintenance activities. This authority shall belong solely to DEP and the county conservation districts as appropriate.

The meeting will be held in Room 461 starting at 9:30 a.m.  Click Here to watch live.

Sen. Gene Yaw (R-Lycoming) serves as Majority Chair of the Senate Environmental Committee and can be contacted by calling 717-787-3280 or sending email to: gyaw@pasen.gov.   Sen. Carolyn Comitta (D-Chester) serves as Minority Chair and can be contacted by calling 717-787-5709 or sending email to: senatorcomitta@pasenate.com.

Related Events:

October 24-- House Environmental Resources and Energy Committee hearing on “fossil fuels - driving America’s economy and quality of life.”  Room G-50 Irvis Building. 9:30 a.m.  Click Here to watch live.

October 27-- Senate Environmental Resources and Energy Committee to hold hearing “to examine the role of LNG (liquified natural gas) in strengthening American energy security on the world stage.” Steamfitters Local Union 420, 14420 Townsend, Philadelphia. 9:00 a.m. Click Here to see if the hearing will be available online.

NewsClips:

-- Reuters: Dozens Of LNG-Laden Ships Queue Off Europe’s Coasts Unable To Unload

-- NBCPhiladelphia: Following The Steps Of PA Utilities, NJ Utility Companies Will Increase Natural Gas Rates By As Much As 25% 

-- Forbes: Why Natural Gas Prices Quadrupled In Two Years

-- S&P Global: U.S. Natural Gas Supporting Long, Challenging Climb Of Atlantic Coast LNG Projects  [LNG Exports Link U.S./PA To High Prices]

-- WPost: U.S. Is World’s Largest Oil & Natural Gas Producer, But You’ll Still Pay More For Gasoline, Natural Gas

-- Financial Times: U.S. Natural Gas Rescue Plan For Europe Threatens Domestic U.S. Backlash As Prices Surge To Triple What They Were

Related Articles:

-- PA PUC: Cost Of Natural Gas Provided By Major Utilities In PA Increased As Much As 154% Over Last Year [PaEN]

-- Explainer: So Why Does A Susquehanna County Gas Company Have To Raise Rates 33.2% When Susquehanna County Is The #1 Shale Gas Producer In PA?  [PaEN]

-- Forbes: U.S. Natural Gas Production Set New Record, But Don’t Expect Relief On Your Heating Bills [LNG Exports Link U.S./PA To High Prices]  [PaEN]

[Posted: October 17, 2022]  PA Environment Digest