Some Tioga County residents opposed to gas industry water ‘farm’ on Johnson Hill

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MANSFIELD - The influx of the natural gas industry, its well heads and supporting peripherals in the wake of the discovery of the Marcellus Shale deposit here, has some neighbors of a proposed water "farm" near their home at odds with one of the main players.

In response to the outcry from the general public and local municipalities about the increase in heavy truck traffic on Tioga County roads, East Resources Inc., headquartered in Warrendale, has proposed constructing a "water farm" on property that would divert some of that truck traffic, as many as 100 per day, directly past Gary and Connie Fish's Mudge Road home - at least temporarily.

The couple, who own 188 acres, much of it road frontage along Mudge Road, have refused to grant right of way to East to build an access road to the proposed plant to be constructed atop Johnson Hill behind their property. The only access is Johnson Hill Road, which is in Covington Township, or Mudge Road, which traverses from Richmond Township, where they live, into Charleston Township.

Those accesses are "not suitable" according to the Fishs, because the facility is at the top of Johnson Hill and the road is steep and slick, especially in winter. Mudge Road intersects with Johnson Hill Road on a sharp "back-angle," with a neighbor's house sitting only feet from the road. They believe trucks would have a difficult time making the curve without taking out several trees on the point.

At a meeting of the Covington Township Planning Commission Thursday, the Fishs relayed their opposition to the right of way, which East representative Doug Meehan seemed to think they already had granted, as he presented preliminary plans to the commission.

"While we are happy to hear they are trying to cut down on the truck traffic, to put a facility in such a remote location, I would think it would be acceptable in any area already zoned for it," Connie Fish said at the meeting, referring to "open space" areas.

According to Meehan, fresh water will be pumped from the Tioga River through a pipeline to the farm that will house an 8 million gallon "holding pond" for fresh water plus two 3-million gallon storage tanks. The plan includes a series of 5-inch pipelines that will move fresh water to well sites within a 20-mile radius and take fracked water away to be recycled. The facility also will include a small office and pump house that will be manned 24 hours per day.

East also must have a right of way for the water lines, which the Fishs have not granted, though they have leased land to the company for subsurface gas mining.

"You have a pipeline right of way for the gas, not the water," Connie Fish said.

According to Meehan, the state-permitted fresh water withdraw point for this project is behind the former American Truck Stop.

"We hope to construct several other facilities like this one in Tioga County," to service their other wellheads located around the county, Meehan said.

Meehan said the 73-acre property East purchased from landowner Gary Butters last year for the water farm is ideal because of its remote location.

"The reason we chose it is because it will have the least visual aesthetic impact on the surrounding area," and be hidden not only be natural trees, but conifers East plans to plant," he said.

"It is a lovely facility," Connie Fish said, adding that she had been shown color pictures of the proposed facility by East Resources community relations representative Jack Showers, who visited with them Thursday.

"But before this, we were approached by a real estate agent trying to purchase right of way before we even knew what they wanted to do," said Gary Fish, also a Richmond Township supervisor.

"It kind of leaves a sour taste in your mouth," he added.

Though the truck traffic would stop once the project is complete by year's end, Meehan said, given they receive all the necessary permits from municipalities and agencies involved, the Fishs still are concerned about leaks from the trucks that will be going by their property, as is another neighbor Rodney L. Heindel, who also serves as Montoursville's Zoning and Codes Official.

"This facility is to blend and reuse water, and is more of solid waste processing plant. The waste it produces must be taken to a special facility to treat and process," he said.

As such, Heindel said "it can't be placed in an agricultural district not zoned for it."

Heindel also expressed concern that the plant would "devalue his and surrounding properties," including that of a young couple he didn't name who are planning on building a house on 11 acres they recently purchased 400 feet from the plant.

"How the township can approve this project is beyond me, and if you do approve it, we will challenge it," Heindel said.

Tioga County planner Jim Weaver told the commission that during the county planning commission meeting Jan. 13, the company's request was tabled pending access of rights of way and other permits.

"This will go through an extensive review process," Weaver said, plus a 60-day public comment period.

Meehan agreed, saying the DEP and other environmental permitting could take a while.

"We have to make sure the material doesn't get out," Meehan said, referring to the used frack water, adding that there will be lined concrete pads around the tanks and for the truck areas.

The township planning commission now must make a decision on whether or not to recommend approval of the project to the township supervisors, who will decide whether or not to grant a variance.

According to Weaver, the gas industry may have a way around the municipal code because of state law.

"The issue really is that under the Oil and Gas act of 1984 and mechanisms within the municipal planning code, local governments are preempted on any oil and gas activities," Weaver said.

If the township grants approval, Weaver said, the county likely will follow suit.