Minutes - 9-8-14 Reg. Meeting - Laserfiche WebLink

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BK -00026 PG -0980 LEE COUNTY Committed Today for a Better Tomorrow Lee County Environmental Review and Advisory Committee (ERAC) April Montgomery, Chair September 8, 2014 ERAC review of the proposed Mining and Energy Commission Rules (NCAC Title 15A, NCDENR, DEML) Members of the ERAC Policy Subcommittee met on two occasions to review and discuss proposed rules for the "management of oil and gas exploration and development to protect public health, welfare and the environment." Discussion of the rules and the committee's recommendation was held at the ERAC meeting on August 14, 2014. With the consensus of the committee, our comments and recommendations are captured under four general areas: Local Government Coordination /Participation, Emergency Responders, Water & Waste, Air Quality and Miscellaneous for consideration by the Lee County Board of Commissioners. Local Government Coordination /Participation Concern: There is a lack of coordination with, and opportunities for participation by, local governments in the proposed rules. Recommendations: • Under 15A NCAC 05H.1307 (b): the local government should be added to the list of agencies notified for review and comment. An appropriate local government contact would be a) County Manager, b) County Health Director. • Under Section .14000 Financial Assurance: the local government, in addition to the State of North Carolina, should be named on all financial assurance documents. • Each Local Government with active applications or operations under these rules may appoint a liaison, and DENR should recognize such liaison, as a point of contact for monitoring and reporting on activities within their (physical) jurisdiction. Water & Waste Concern: The draft rules are vague in how waste associated with energy exploration will be handled and unique to each application. Rules related to water, particularly well testing and potential contamination are too narrow in focus. Recommendations: • 15A NCAC 05H .2002 Exploration and Production Waste Management Plans should include some form of tracking or audit procedure for waste produced to be treated off site. This plan should also include routes for off -site treatment to be filed, under seal, with the local government liaison. • Waste containment in open pit storage should not be located within one -half mile of major waterways. • Baseline testing should be required for all water wells within one -half mile of the gas wellhead and within 500 feet along the horizontal leg of a gas well. The applicant should be financially responsible for all required water supply testing. The results of well testing should be filed with DENR and each well owner. • The rules should specify the applicant /operator is required to supply water if its operations have contaminated the well until the problem is rectified.