Posts Tagged ‘Joseph Rutchauskas’

Gas company to maintain Lehman Twp. roads

By Elizabeth Skrapits (Staff Writer)
Published: July 20, 2010

LEHMAN TWP. – The company drilling the Back Mountain’s first exploratory natural gas well will take care of township roads, but residents should be proactive in reporting problems, supervisors said Monday.

Encana Oil & Gas USA Inc. will start site preparation in August to drill an exploratory natural gas well at 203 Zosh Road in Lake Township, not far from the Lehman Township border.

During the process, trucks leaving the site will use Ide, Meeker and Slocum roads in Lehman Township to reach state Route 118. Encana has agreed to maintain the roads in equal or better condition during the drilling process, Supervisor Chairman David Sutton said in response to a question by resident Joseph Rutchauskas.

Encana paid for repaving the stone arch bridge on Slocum Road, but the township’s road department filled in all the potholes, Supervisor Douglas Ide said. But the company will take that over when work begins, he said.

“The day they start trucks, the maintenance is theirs for the duration,” Ide said.

Rutchauskas said work had already started, because Zosh Road – which becomes Ide Road in Lehman Township – was closed, so Encana should be responsible now. The supervisors disagreed.

Penn State’s Center for Dirt and Gravel Roads is overseeing a project with the Luzerne County Conservation District in which Encana is paying to strip and pave a 100-foot section of Zosh Road to see how it will hold up under heavy truck traffic.

According to plans filed with the Luzerne County planning and zoning department, Encana anticipates 16 to 18 weeks of traffic during which a total of approximately 2,100 trucks will travel on Lake and Lehman township roads: 200 during site preparation, 100 during the well drilling and 1,800 during the completion phase, when tankers will bring in the roughly 6 million gallons of water needed for hydraulic fracturing.

Encana has submitted a $956,844 bond to cover Outlet, Ide, Meeker Outlet and Slocum roads and the Slocum Road stone bridge. Township officials stressed Encana’s willingness to work with them.

“Anything we have billed Encana for, we have been paid within 30 days,” Treasurer Alvin Cragle said.

“They have been nothing but cooperative in everything we’ve asked them to do,” Sutton agreed.

Rutchauskas asked the supervisors to keep an eye on the drill site and coordinate with Lake Township so residents will be aware of issues like road closings.

Sutton said they would, but “we don’t have the resources to watch 24-7,” he said. He said residents need to be proactive and call if they see problems.

eskrapits@citizensvoice.com , 570-821-2072

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Copyright:  The Citizens Voice

Gas firm looks to hearing on 10 new well permits

Those against Encana Oil & Gas plans ponder appeals for permits already granted.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

As Encana Oil & Gas officials await a hearing next month on zoning permits for 10 new natural gas wells in Luzerne County, gas-drilling opponents are contemplating a second appeal for permits that already have been issued to the company.

Encana recently filed applications with the Luzerne County Zoning Hearing Board seeking temporary-use permits and special exceptions for drilling five natural gas wells and height variances for building a gas processing facility at a site nestled between Loyalville, Hickory Tree and Meeker roads in Lake Township.

The company also applied for the same types of permits for drilling wells on two properties in Fairmount Township – two wells on a site northeast of the intersection of state routes 487 and 118, and three wells on adjoining land to the northeast.

The zoning hearing board has scheduled a hearing for 7 p.m. Aug. 3 to hear testimony on those applications.

The Lake Township site, owned by 4P Realty of Blakely, is about 600 acres. The two Fairmount Township sites consist of 13 parcels – some owned by William Kent of Benton and others owned by Jeffrey Hynich of Lake Township – spanning nearly 480 acres. They are referred to as the Red Rock/Benton Gas Consortium Lands in a lease with Encana.

Encana would move forward with drilling wells on those properties if two exploratory wells in Lake and Fairmount townships prove successful.

Drilling on the Fairmount Township property of Edward Buda is expected to begin within five to 10 days, Encana spokeswoman Wendy Wiedenbeck said.

Encana won zoning approval for drilling on a Lehman Township property owned by Russell W. Lansberry and Larry Lansberry in April but withdrew the application last week – less than a month after township residents Dr. Tom Jiunta, Brian and Jennifer Doran and Joseph Rutchauskas filed an appeal of the zoning approval in county court.

Rutchauskas said on Tuesday that attorneys for the Gas Drilling Awareness Coalition are checking into the possibility of appealing the issuance of zoning permits about two weeks ago for Lake Township property owned by Amy and Paul Salansky on which Encana plans to begin drilling later this summer.

The county zoning hearing board approved the permit applications for the Salansky property in May.

Rutchauskas said he was told by a zoning official that it was too late to file an appeal on the Salansky permits because one must be filed within 30 days of the zoning hearing board’s decision.

“We’re having lawyers check into the timeframe of when the permits were approved and when they were issued. Our stance is that the 30-day timeframe is from the day the permits were issued, not from the day they were approved,” Rutchauskas said.

He said the permits could not be issued until the board received several response plans from Encana, such as a traffic management plan and an emergency response plan.

Eight permits for the Salansky property were issued on June 25 – the same day Encana submitted the plans – and two more were issued on June 28, according to zoning office records.

Rutchauskas said there’s no way zoning officials could have reviewed all the plans the same day, and the permits should not have been issued until the plans were thoroughly reviewed.

“How can you issue a permit without reading the required plans? You can put a Superman comic book in there and they wouldn’t know the difference. Do it slow, take your time, at least open them. I’ve been going through those books almost eight hours,” Rutchauskas said.

Luzerne County Planner Pat Dooley said officials are checking into how an appeal can be filed on the issuance of a zoning permit.

Dooley said he’s not aware of anyone ever appealing the issuance of a zoning permit, only the approval of a permit.

Copyright: Times Leader

Gas firm looks to hearing on 10 new well permits

Those against Encana Oil & Gas plans ponder appeals for permits already granted.

By Steve Mocarsky
Staff Writer

As Encana Oil & Gas officials await a hearing next month on zoning permits for 10 new natural gas wells in Luzerne County, gas-drilling opponents are contemplating a second appeal for permits that already have been issued to the company.

Encana recently filed applications with the Luzerne County Zoning Hearing Board seeking temporary-use permits and special exceptions for drilling five natural gas wells and height variances for building a gas processing facility at a site nestled between Loyalville, Hickory Tree and Meeker roads in Lake Township.

The company also applied for the same types of permits for drilling wells on two properties in Fairmount Township – two wells on a site northeast of the intersection of state routes 487 and 118, and three wells on adjoining land to the northeast.

The zoning hearing board has scheduled a hearing for 7 p.m. Aug. 3 to hear testimony on those applications.

The Lake Township site, owned by 4P Realty of Blakely, is about 600 acres. The two Fairmount Township sites consist of 13 parcels – some owned by William Kent of Benton and others owned by Jeffrey Hynich of Lake Township – spanning nearly 480 acres. They are referred to as the Red Rock/Benton Gas Consortium Lands in a lease with Encana.

Encana would move forward with drilling wells on those properties if two exploratory wells in Lake and Fairmount townships prove successful.

Drilling on the Fairmount Township property of Edward Buda is expected to begin within five to 10 days, Encana spokeswoman Wendy Wiedenbeck said.

Encana won zoning approval for drilling on a Lehman Township property owned by Russell W. Lansberry and Larry Lansberry in April but withdrew the application last week – less than a month after township residents Dr. Tom Jiunta, Brian and Jennifer Doran and Joseph Rutchauskas filed an appeal of the zoning approval in county court.

Rutchauskas said on Tuesday that attorneys for the Gas Drilling Awareness Coalition are checking into the possibility of appealing the issuance of zoning permits about two weeks ago for Lake Township property owned by Amy and Paul Salansky on which Encana plans to begin drilling later this summer.

The county zoning hearing board approved the permit applications for the Salansky property in May.

Rutchauskas said he was told by a zoning official that it was too late to file an appeal on the Salansky permits because one must be filed within 30 days of the zoning hearing board’s decision.

“We’re having lawyers check into the timeframe of when the permits were approved and when they were issued. Our stance is that the 30-day timeframe is from the day the permits were issued, not from the day they were approved,” Rutchauskas said.

He said the permits could not be issued until the board received several response plans from Encana, such as a traffic management plan and an emergency response plan.

Eight permits for the Salansky property were issued on June 25 – the same day Encana submitted the plans – and two more were issued on June 28, according to zoning office records.

Rutchauskas said there’s no way zoning officials could have reviewed all the plans the same day, and the permits should not have been issued until the plans were thoroughly reviewed.

“How can you issue a permit without reading the required plans? You can put a Superman comic book in there and they wouldn’t know the difference. Do it slow, take your time, at least open them. I’ve been going through those books almost eight hours,” Rutchauskas said.

Luzerne County Planner Pat Dooley said officials are checking into how an appeal can be filed on the issuance of a zoning permit.

Dooley said he’s not aware of anyone ever appealing the issuance of a zoning permit, only the approval of a permit.

Contact the writer smocarsky@timesleader.com

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Copyright:  The Times Leader

Forced into drilling

By Elizabeth Skrapits (Staff Writer)
Published: July 11, 2010

DALLAS TWP. – Mary Alice Frederick became nervous in March when she discovered her neighbor, the Irem Temple Country Club and the Masonic Village development, had leased mineral rights to a natural gas company.

“I can’t put a chicken coop in my backyard but people can put heavy industry all around the township. I don’t understand that,” the retired Dallas school teacher said. “It doesn’t make sense. It doesn’t seem fair.”

A proposal on the table that would allow natural gas companies to take gas from beneath people’s properties regardless of whether or not they have leased their mineral rights, Frederick now fears losing the peace and quiet of her beloved neighborhood.

In exchange for a tax on natural gas extraction, gas companies are seeking what they call “fair pooling,” legislation that would require property owners without leases to allow drilling beneath their land in exchange for a share of royalties to be determined. However, the gas companies could not put a drilling rig on unwilling owners’ properties. Landowners call “forced pooling.”

“Gas companies are just bullying their way in and telling the legislators what they want. It should be the reverse,” Lehman Township resident Joseph Rutchauskas said. “It’s a democracy, not a corporate dictatorship.”

Rutchauskas lives near two sites permitted for natural gas wells. In August, Encana Oil & Gas USA Inc. intends to start preparing one in nearby Lake Township for drilling, and has all the requirements for a well in Lehman Township. Encana recently notified Lehman Township supervisors they do not plan to drill the third well in Lehman Township.

“I do not support that one bit because I feel it’s a violation of my rights,” Rutchauskas said about forced pooling. “I don’t think anyone should have the right to tell me they can drill under my land without my consent.”

He said his development, which has 10 properties, is protected by covenants that do not allow drilling of any kind, including beneath the property.

“We would have to change the covenants to allow it, and nobody in the development wants to do that,” Rutchauskas said.

He said the question of whether the covenants would hold up under a forced pooling law would have to be answered legally.

“I would take it to court to whatever level necessary,” Rutchauskas vowed.

Irem Temple Ancient Arabic Order Nobles Of The Mystic Shrine have leased 355.91 acres to Chesapeake Appalachia, LLC. The land completely surrounds Frederick’s half-acre property.

The concept of forced pooling scares Frederick, who was already concerned about the potential to turn her quiet suburban street into an “industrial zone.” She opposes natural gas drilling because of potential harmful effects on the environment. She also doesn’t like the idea that foreign investors from countries such as United Arab Emirates and China have interests in natural gas companies.

“I don’t want to be part of this,” Frederick said. “I do have a conscience.”

Irem Recorder Harry Wood said the organization has not heard anything from Chesapeake about plans for the site.

“I don’t blame them,” he said in response to residents’ concerns about forced pooling.

However, Wood said gas drilling would be done far enough away from homes that they shouldn’t be affected, even in the case of horizontal drilling.

“Everybody has the wrong idea about that. It would never be allowed on any of these properties. If any drilling would be done it would be on the top of the hill, or away from the residences,” he said.

Developing the Irem Golf Course is also not an option, he said.

“I’m not going to take a $7 million golf course and put a drilling rig in the middle of it,” Wood said.

eskrapits@citizensvoice.com, 570-821-2072

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Copyright:  The Citizens Voice

Proposed Lehman Twp. gas drill site contested

Residents challenge zoning permit in area “consistent with agricultural use.”

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

WILKES-BARRE – Some Luzerne County residents have taken legal action challenging the issuance of a zoning permit for a proposed natural gas well drilling site in Lehman Township.

Township residents Dr. Tom Jiunta, Brian and Jennifer Doran and Joseph Rutchauskas are objecting to township supervisors on April 13 granting Whitmar Exploration Co. and EnCana Oil & Gas a conditional use permit for placing a natural gas well on part of an approximately 120-acre site located at 100 Peaceful Valley Road owned by Russell W. Lansberry and Larry Lansberry.

A previous story incorrectly identified the well site as being in Lake Township on property on Soltis Road owned by Amy and Robert Salansky. There has been no appeal of a special-use permit that the Luzerne County Zoning Hearing Board approved for that site in May.

Attorney Jack Dean, of Elliott Greenleaf & Dean, filed a notice of appeal of the Lehman Township supervisors’ decision on Monday with the county Prothonotary’s Office on behalf of the objectors.

“There is no credible argument that this industrial use of gas drilling, with the massive disruption that it causes, is consistent with agricultural use, which is what the area is zoned, or with the character of the community,” Dean said.

According to the notice, the supervisors’ decision is contrary to the township zoning ordinance and constitutes an error of law or manifest abuse of discretion in that:

• Gas drilling on the property would jeopardize the community development objectives of the ordinance and adversely affect the health, safety and welfare of the public and the environment.

• Public services and facilities such as streets, sewage disposal, water, police and fire protection are not adequate for the proposed use.

• Existing and future streets and access to the site will not be adequate for emergency services, for avoiding undue congestion and for providing for the public safety and convenience of pedestrian and vehicular traffic, and unsafe and/or dangerous traffic conditions will result.

• The nature and intensity of the operation would not be compatible with adjoining development and the character of the zoning district.

• The proposed use would lower the value of nearby properties.

• The proposed use will be more objectionable in terms of noise, fumes, odors, vibration or lighting than other operations permitted in an agricultural district.

At an April 13 public hearing, which EnCana officials did not attend, the supervisors voted unanimously to approve the application if certain conditions were met, including posting bonds totaling $45,732 to maintain Firehouse and Peaceful Valley roads, keeping drilling-related traffic on Firehouse Road and state Route 118 and off Old Route 115, providing adequate insurance coverage for the township and that EnCana sign a legal agreement holding it to its commitment.

Supervisors Vice Chairman Ray Iwanowski made the motion to enact the ordinance and Chairman David Sutton and Supervisor Douglas Ide voted yes. For ethics reasons, only Iwanowski could make the motion; and neither Sutton nor Ide could participate in any questions about the vote or make the original motion because they have personal ties to gas drilling. Ide leased some of his own land for gas drilling, and Sutton consults property owners concerning drilling.

The Lansberry site likely would be EnCana’s third well site in the county if EnCana’s plans are not held up by the appeal. The company plans to begin drilling its first well in the county in July at a Fairmount Township site located off state Route 118 between Tripp and Mossville roads and owned by Edward Buda.

EnCana in May had received approval from the Luzerne County Zoning Hearing Board for a drilling site on property at 133 Soltis Road in Lake Township and owned by township Supervisor Amy Salansky and her husband, Paul.

Steve Mocarsky, a Times Leader staff writer, may be reached at 970-7311.

Copyright: Times Leader