Chesapeake Cited For Filling Local Streams
Marcellus Shale gas company says it’s addressing ‘isolated issues’
Wheeling Intelligencer
24
November 2010
By Casey Junkins, Staff Writer
NEW MARTINSVILLE - The U.S. Environmental Protection Agency has the
ability to fine Chesapeake Energy as much as $200,000 per day for
alleged unauthorized stream filling in Wetzel and Marshall counties.
The Oklahoma City-based company - which is working toward drilling on
private property near The Highlands in Ohio County and at other
locations throughout the Wheeling area - received four separate "Order
for Compliance" forms from the EPA, citing the driller for allegedly
violating the Clean Water Act. The orders show the earthwork occurred
at various points from January 2007 through this month.
Chesapeake spokesman Matt Sheppard noted the company is working with
the EPA to address what he termed "isolated issues," adding, "As this
matter is currently undergoing federal regulatory review, it would be
inappropriate to offer public comment at this time."
"Chesapeake Appalachia LLC is committed to the responsible development
of our clean-burning, domestic natural gas resources and environmental
stewardship," Sheppard added of the Oklahoma City company's local
subsidiary.
Lifelong Wetzel County resident Ed Wade, however, is skeptical that
Chesapeake wants to correct the problems.
A member of the Wetzel County Action Group, Wade said Chesapeake "has
been doing these things for years."
"They're just like a bunch of little kids - if they think they can get
away with it, they will do it," Wade said of Chesapeake.
Each of the four orders notes at the end that fines of up to $50,000
per day may be imposed if Chesapeake does not follow the instructions,
hence the possibility of $200,000 in fines each day. The compliance
orders compel Chesapeake to remove the fill and restore the streams and
wetlands "to pre-disturbance conditions" and "requires mitigation for
the environmental harm which was caused by the unlawful discharge to
waters of the United States."
EPA spokeswoman Donna Heron said Chesapeake officials have indicated
the company intends to comply with the orders, which should allow the
firm to avoid any fines.
One violation stems from creating a gravel road in the stream channel
of Blake Fork, about 2.4 miles north of the intersection of W.Va. 89,
near Proctor. Chesapeake removed the stream and a small waterfall to
create a gravel road.
"They need to put the waterfall back," Wade said. "If we can send a man
to the moon, they can rebuild that waterfall."
Blake Fork and three other streams affected by Chesapeake's drilling
activities are tributaries of Fish Creek, which flows into the Ohio
River.
Another violation involves the impoundment of an unnamed tributary to
Laurel Run between January 2007 and December 2009. The stream was
located on David Evick's property, roughly 2,000 feet east of
Greenfield Ridge in Cameron.
Another order involved constructing the Gordon Stansberry well pad
about 2.2 miles north of W.Va. 89, near New Martinsville. This project
also included the burial of an underground pipeline.
The final citation is for building the Chesapeake "B" well pad, along
with the widening of Lynn Camp Road, also located north of W.Va. 89.
These federal orders are not the only citations against Chesapeake.
West Virginia Department of Environmental Protection records show the
firm has five violations that "have not been closed or abated" in
Wetzel and Marshall counties. These include tank overflow, spills
reporting and reclamation violations for a Wetzel County site on April
28. The "non-prevention gas waste, pollutions of waters of state during
drilling" violations on Sept. 21 resulted from the gas well ignition on
Pleasants Ridge, near Cameron.
Wade said one of the main problems involving the natural gas
development is that "everybody just sees the money."
"They don't think about the problems this stuff is causing for the
people living out here," he said.
Noting he is not opposed to natural gas use, Wade said he just "doesn't
want to see the environment torn up to get it."
Fellow action group member Bill Hughes said Chesapeake may be having
issues with subcontractors.
"Chesapeake seems to have a problem getting control of their
subcontractors, possibly because they have so many of them and there
seems to be a large turnover among them," he said. "Chesapeake can
always say someone else was responsible."
Hughes continued, "Chesapeake knows that the state does not have
anywhere near enough inspectors - therefore they can pretty much do
what they want and then move on to the next site because the state
inspectors will never catch up with them."
Currently, state legislators and DEP Secretary Randy Huffman are
looking at ways to increase the number of gas inspectors from the
current 17. One plan calls for possibly raising the cost for drilling a
well from $600 to $15,000.