Winter 2009

Volume 34 No. 1

Marcellus Shale Gas Drilling Issues The 2009 Conference on the Environment focused one of three conference ‘tracks’ on the controversial, and divisive issue of whether, and how, to allow for increased exploration, drilling and production of natural gas in New York State. In particular, new estimates of the amounts of natural gas to be found in the layer of dense black shale rock known as the “Marcellus Shale” has generated a flurry of activity in many counties ranging from the Catskills region, through the Southern Tier of New York and into the Finger Lakes. Together with increased estimates of the amounts of natural gas in the Marcellus Shale, industry innovations in extraction techniques - including the use of high volume hydrolic fracturing and horizontal drilling - have made gas extraction from this massive layer of shale attractive to industry. Marcellus shale drilling is already underway in many parts of Pennsylvania as New Yorkers watch across the border with mixed reaction to impacts like increased wealth for individual landowners who leased their mineral rights to gas companies and increased economic activity in towns small and large. At the same time, accidents like spills of toxic chemicals and possible methane migration into water wells have created anxiety and a firmer anti-drilling stance among those who see drilling as deleterious to both environmental and human health. At the center of it all, the New York State Department of Environmental Conservation (DEC) is currently working to re-vamp its 1992 drilling regulations with a newly drafted Supplemental Generic Environmental Impact Statement (dSGEIS) published for public review and comment until December 31st, 2009. As the debate swirls, New Yorkers continue to grapple with the potential impacts, attempting to weigh risks versus benefits in terms of economic boost, potential environmental damage and the community character changes that would result from increased industrial activity. Stakeholders throughout the state are actively seeking as much information as they can find - and the Conference offered a chance to hear from experts representing many sides of the debate. Following a thorough overview of the geology and hydrology of the Marcellus shale layer by John Williams, Groundwater Specialist, United States Geological Survey - a Round Table Discussion was moderated by James Waight, Director, Center for Dispute Settlement, Steuben County. Speakers each presented for 15 minutes followed by questions.

Michael Brownell, Chief of Water Resources Management for the Susquehanna River Basin Commission (SRBC), outlined the SRBC’s regulatory and enforcement capacities regarding consumptive use and water withdrawals as they relate to the drilling industry - a major concern to many as hydrolic fracturing or “fracking” each well requires millions of gallons of water per well, per frack. He stressed that his agency had both regulatory and enforcement powers with the ability to force companies in non-compliance with SRBC regulations to cease-and-desist their operations. Brian Grove, Director of Corporate Development of Chesapeake Energy, the largest industrial leaseholder in the shale play with 1.5 million acres in the Marcellus, stressed his company’s safety record and compliance with regulatory agencies such as the DEC and SRBC, stating that Chesapeake operates responsibly and works to be a "good neighbor". He outlined the technical aspects of drilling horizontally and hydrofracturing ('fracking') rock by pumping large volumes of water and chemical additives under high pressure to create fissures in the shale allowing gas to flow to the wellbore. Nick Schoonover, Chairman of the Tioga County Landowners Association, gave an overview of his organization’s efforts to negotiate and secure leases with energy companies that offer maximum protections to landowners which encourage drilling with both environmental safety and fair leasing at the forefront of concerns. He stated that education and groups of landowners organizing collectively was key. Roger Downs, Chapter Conservation Associate with the Atlantic Chapter of the Sierra Club, expressed the Soerra C;ib's concerns with the NYSDEC draft Supplemental Generic Environmental Impact Statement, pointing out that the document does not adequately address the cumulative impact of many wells throughout the state, and instead bases findings on the impact of only one well at one point in time. He suggested that the lack of focus on cumulative impacts of many wells is a flaw in the document which needs to be addressed before drilling can take place. Helen Slotje, Managing Attorney for Community Envi(continued on page 2)

2

NYSACC news Helen Slotje, Managing Attorney for Community Environmental Defense Council, Inc., presented a photographic tour of natural gas drilling as she emphasized the negative and environmentally dangerous impacts of high volume hydrofracking and horizontal drilling. For example, she took issue with the State's assessment that there have been no documented cases of drinking water contamination due to hydrofracking. She argued that the term "no documented cases" is misleading since it is difficult to look for specific chemicals and link them directly to well contamination when the constituents used in hydrofracking are confidential and proprietary. Questions and vigorous counterpoints to statements made on all sides were numerous, coming from both panelists and conference attendees and demonstrate that serious engagement with the Marcellus Shale drilling issue is both controversial and that the outcome of the debates is of vital importance to all New Yorkers. Moderator Jim Waight ended the extended Q & A session by stating, “This whole conference has been about information gathering,” and he stated the need to continue gathering information and being actively engaged with issues so that the future of our state might be shaped in the best ways possible. --------------------------------------------------------------------------This overview was contributed by Kari Colosi of the Department of Anthropology at Binghamton University who is currently researching the social and cultural impacts of gas drilling in rural communities. She can be reached at [email protected].

Eve Fertig Student Scholarships It is a tradition for NYSACC to award student scholarships for the annual Conference on the Environment. Scholarships are awarded to students who have exhibited a concern for the environment and an interest in working to preserve it. Scholarships cover the cost of food, lodging and conference attendance. It is hoped that, in a small way, NYSACC is encouraging future environmental leaders. This year the NYSACC Board decided to name all student scholarships in honor of Eve Fertig. Eve has been a long time Region 9 Director, chair of the Alden Conservation Advisory Council and a former recipient of the Margery Sachs Service Award. She is director and wildlife rehabilitator of the Enchanted Forest Wildlife Sanctuary, Inc. where she and her husband have devoted their lives to personally caring for sick, injured, orphaned and distressed wildlife. She has had to restrict her activities of late, but still cares for her “non-releasables” and continues to teach. Eve has always loved younger people and, at conferences in the past, would have a group surrounding her, entertaining them with pictures and stories about her birds, animals, and of course, her beloved wolf/dog Shana. We believe it is fitting to name our student scholarships in her honor. This year’s recipients continue the tradition of excellence we have always found in our students. Lindsay Chapman is in the second year of a Master of Science degree in Environmental Policy at Bard College. She is participating in an internship in conjunction with

Winter 2010

the Red Hook CAC, completing municipal and community greenhouse gas inventories by working with the International Council for Local Environmental Initiatives (ICLEI). She researches funding and operational NYSACC's Eve Fertig Student Scholmechanisms to ad- arship winners Lindsay Chapman vise a municipal sub- (left), David Kaufman and Elana Israel committee seeking to establish a residential solar and weatherization program. Lindsay also volunteers at a Community Supported Agriculture (CSA) obtaining hands-on experience in sustainable agriculture. She plans to pursue a career in energy efficiency programs at the state level and speaks of her desire to balance conservation with the strong agricultural heritage in the Red Hook area. Elana Israel is a natural resources management major and environmental education minor at Green Mountain College in Poultney, Vermont. She is especially interested in water conservation and sustainable agriculture and wants to apply her learning to real-life situations. Elana spent the past summer at the Town of Huntington Department of Planning and Environment researching, developing and writing the Huntington Trail Guide. The work included researching park histories and compiling and synthesizing information in appealing text. The Guide is further covered on page four of this publication in a description of the 2009 Education Award. David Kaufman has always been seriously concerned with the environment and environmental issues. It lead him to major in Landscape Architecture at the University of Connecticut, which will allow him to become involved in more sustainable development and site design. He expressed his enthusiasm for conference attendance, looking forward to meeting people and exploring a variety of environmental topics as well as discussion on how to balance the need for development with the increasing need for sustainability. David, also from Huntington, teamed with Elana Israel, to develop the award winning Huntington Trail Guide. An excellent photographer, his design, botanical, and GPS skills made a significant impact on the guide. See page four for further information.

NYSACC News

Arlene Kaufman, Editor Joy Squires, NYSACC President Newsletter Office NYSACC Office 3 Andover Drive P.O. Box 1732 Port Jefferson Sta. Huntington, NY NY 11776 11743 631-928-3277 631-368-6949 Teach23456@gmail/com [email protected] NYSACC website - www.nysaccny.org NYSACC News is published three times a year. CACs are encouraged to submit press releases, articles, artwork or photography to the editor. For additional copies of NYSACC News and address changes, contact the Newsletter office.

Winter 2010

NYSACC news The NYSACC Awards

Every year NYSACC honors those CACs that have found creative ways to enhance the quality of their environment. Presenting these awards provides NYSACC with an opportunity to recognize the outstanding accomplishments of member organizations and to show the kinds of projects that improve environmental awareness and contribute to the quality of life in our communities. These projects can be replicated by contacting the chair of the CAC. Next year's award winning projects are happening right now. Don't forget to nominate your CAC when you do deserving work. An awards application is available at the NYSACC website www.nysaccny.org. Applications may be submitted any time during the year.

Town of Kent Conservation Advisory Committee Restoration of the Mt. Nimham Fire Tower 2009 Special Project Award

This award is given to the Kent Conservation Advisory Committee for restoration of the fire tower on Mt. Nimham. The tower provides majestic views of surrounding forests, lakes, reservoirs and several mountain chains. There was a movement during the mid 1990s in NYS for local groups to take responsibility for abandoned fire towers. The Kent CAC also became interested in the restoration of the tower on Mt. Nimham. For many years the Kent CAC led hikes to the tower and Joy Squires, NYSACC President, honored the earlier Native presents the Special Projects American presence. The tower Award to George Baum, Chairperbecame inaccessible when the son of the Town of Kent CAC. NYS Department of Environmental Conservation (NYSDEC) removed the lowest flight of steps. In 1995 the Kent CAC raised the funds and contracted for a preliminary engineering survey to determine the technical feasibility and the cost of a restoration project. When NYSDEC initiated the Adopt-a-Natural Resource Stewardship program to permit local groups to undertake conservation projects on state land, the Kent CAC applied and was approved for the tower restoration project in 1999. A fund raising program was launched with an annual music festival at the base of the tower. The lowest flight of stairs was reattached and all steps were replaced with steel to reduce the opportunity for fire damage. The scraping and repainting of the tower required the services of a professional contractor. Money was raised by selling donor name plates to be attached to each step. Additional funds came from a combination of a State grant, an anonymous donation and Town of Kent CAC allocations. Within a five year period the project was completed. In 2005 the tower was rededicated with a large music festival and was opened for public use. For further information, contact George Baum, Chairman at [email protected].

Town of Montgomery Conservation Advisory Council Community Garden at Benedict Farm Park 2009 Action Award During the winter of 2008-2009, the Conservation Advisory Council (CAC) of the Town of Montgomery convinced the Montgomery Town Board to allow the inclusion of a community garden into the master plan design of the Richard Phelps, member of the Town new 101-acre Town of Montgomery Conservation Advisory P a r k a t B e n e d i c t Council, accepts the Action Award from Farm. The New York Joy Squires State Department of Parks (a contributor to the purchase of the parkland) agreed that developing a community garden would be an acceptable use of parkland. A sign-up sheet at various CAC functions indicated a base interest group of at least thirty gardeners. The garden occupies two acres of high ground with good soil and magnificent views. Within the parcel, a grid of 48 individual 20'x20' plots were laid out in blocks of four with four foot walkways surrounding each block. One row of six oversized 20'x30' plots was constructed on the south end of the garden for community projects like the Food Pantry Plot, whose produce is being donated to the local food pantry. On the north end, a common area (The Common) was set aside for community plantings of apple trees, blueberry bushes, and other berries. A large lawn area within the remaining plots became available to the public for a nominal contribution of $25.00 and two hours of community garden service. They are free to grow whatever they wish in this area. The mission of the Community Garden Project, which was organized by Richard Phelps, is to allow citizens individuals and families, young and old, either working alone or in groups - the opportunity to experience the great outdoors in a productive and congenial fashion. The Project's intent is to foster self-reliance within a framework of community spirit, to allow people to grow their own vegetables and flowers with a sense of satisfaction and generosity. The CAC believes this Project is an important hands-on link to their agricultural past. Not only does it connect with the farming life of Edith and Eddie Benedict, whose generous largess made the park a reality, it also celebrates and honors the Native American agricultural fields which may go back 4000 years and hunting camps which may date to 7000 B.C. For further information, visit their website at www. tomcomgarden.org or contact Patricia Henighan at [email protected].

3

4

NYSACC news Town of Huntington Conservation Board Huntington Trail Guide 2009 Education Award

The Huntington Conservation Board has long been involved with the Town’s parks and trails system. A Park Stewardship Program was established several years ago which promotes the volunteer involvement of concerned local citizens and groups. Its purpose is to assist the Department of Parks and Recreation to assure the protection, preservation, and safe use of parkland. These Town Board appointed volunteers serve as the “eyes, Joy Squires, Huntington CB ears, and mouths” of our Chair and NYSACC President parks. The program was with interns Elana Israel and Da- conceived and is administered by the Conservation vid Kaufman Board and has grown over the years in both scope and size. There are currently about 250 stewards for the Town’s 150 active and passive parks. For some years, trails guides for many of the actively hiked parks have been requested. We have tried to fulfill these requests, but for many reasons were unsuccessful. This summer, Town Councilman Stuart Besen took up the cause and provided the impetus for the creation of the Huntington Trail Guide, featuring twenty of the Town’s parks. The Guide contains information detailing park location, parking information, trail length, park amenities and educational opportunities, maps and photographs, historical facts, information about the park that the trail is located in, and some of the flora and fauna. Key to completion of the Guide was the work of two summer interns, Elana Israel and David Kaufman, who were assigned by Councilman Besen and Supervisor Frank Petrone to the Dept. of Planning and Environment. They worked under the direction of Margo Myles, Coordinator of Open Space Conservation and Liaison to the Conservation Board, and Aidan Mallamo, GIS Supervisor. Recognizing that trails must support multiple recreational purposes, including hiking, jogging, bicycling, horseback riding, cross country skiing, as well as educational and interpretive pursuits, the Town Board appointed a Huntington Greenway Trail Citizens Advisory Committee. This group, with the Conservation Board, provided suggestions and technical review. Throughout the summer, the student interns worked, walking the trails using GIS equipment, taking notes on park needs, and documenting everything with photographs. They researched the history of the parks from Planning Department and Conservation Board files. By the end of the summer, the Guide was largely done. Copies were distributed at two fall festivals. A printing was done by a local newspaper, the Times of Huntington, with the Guide being distributed to 10,000 of their subscribers. The Conservation Board had collected funds for a trail guide from a March for Parks, which is providing additional funding. The guide is available on the Town’s website www.town.huntington. ny.us.

Winter 2010

At this fall's Park Stewardship Meeting, the Trail Guide was distributed to delighted park stewards. What is next? With this excellent start, it is hoped that next summer more trails will be documented with another guide to be developed. There is a big message here for Conservation Boards. It is important to use interested groups, find a sponsor, assist Town staff in any way possible, employ the talents of interested, enthusiastic students when and if they become available. But most of all, be tenacious and never give up on a project. For further information, contact Joy Squires, Chairperson at [email protected].

New York State Department of Environmental Conservation Public Newsletter The NYS Department of Environmental Conservation's monthly public newsletter is available online. The main table of contents can be accessed at DEC's website - www. dec.ny.go/environmentdec/newsletter.html. Featured articles include: • Bat Populations Down 90% in Caves Affected by White Nose Syndrome - wide-ranging, coordinated research effort is continuing as NYS performs another round of winter surveys of bat caves. www.dec.ny.gov/environmentdec/61109.html • DEC's Mapping Gateway Expanded - Information about the Bird Atlas and universally accessible destinations, boat launches and fishing areas. www.dec.ny.gov/environmentdec/61107.html • 2009 Environmental Excellence Awards - This awards program recognizes innovation, sustainability and creative partnerships that achieve exceptional environmental, social and economic benefits for NYS. www.dec.ny.gov/environmentdec/61097.html • Inaugural Members of NYS Environmental Leaders Program (NYEL) - NYEL is an innovative program that encourages organizations to attain and maintain exceptional environmental performance, while raising the bar for their partners and competitors. www.dec.ny.gov/environmentdec/61065.html • New Option for Commercial Harvesting of Fluke - Commercial fishers have the choice this winter of harvesting fluke on a daily or weekly basis, thereby potentially saving time and money. www.dec.ny.gov/environmentdec/61064.html • Miscellaneous News Items - Free lifeguard tests offered for summer employment with DEC; advice for winter visitors to Adirondack backcountry; NYS receives $25.4 million from carbon auction to invest in clean energy economy. www.dec.ny.gov/environmentdec/61120.html

Winter 2010

NYSACC news

Ten Startling Facts Concerning Climate Change

The Environmental Defense Fund (EDF) recently published the following facts learned in 2009 that underscore the threat of climate change. 1. Levels of carbon dioxide in the atmosphere are higher today than at any time in measurable history. A study published in the journal Science reports that the current level of carbon dioxide in the atmosphere -about 390 parts per million (ppm) - is higher than at any time in the last 2.1 million years. Previous peaks were never more than 300 ppm over the past 800,000 years. The concentration is rising by about two ppm each year. 2. 2000-2009 was the hottest decade. The World Meteorological Organization reported that 2000-2009 was the hottest decade on record, with eight of the hottest ten years having occurred since 2000. 3. 2009 will end up as one of the five hottest years. 2009 is one of the five hottest years since 1850 and the U.K.’s Met Office predicts that, with a moderate El Niño, 2010 will likely break the record. 4. Arctic ice cover – already perilously thin – is vulnerable to further melting. The National Snow and Ice Data Center reported that while a bit more summer Arctic sea ice appeared in 2009 than the record breaking lows of the last two years, it was still well below normal levels. The Arctic ice cover remains perilously thin and is vulnerable to further melting, posing an increasing threat to Arctic wildlife. 5. The Arctic summer could be ice-free by mid-century. The Arctic summer could be ice-free by mid-century, not at century's end as previously expected, according to a study by the National Oceanic and Atmospheric Administration. 6. The East Antarctica ice sheet – thought to be colder and more stable that the West – is also shrinking. Recent observations published in Nature Geosciences indicate that the East Antarctica ice sheet has been shrinking. This surprised researchers, who expected that only the West Antarctic ice sheet would shrink in the near future because the East Antarctic ice sheet is colder and more stable. 7. Climate changes are already observed in the United States and are projected to grow. The U.S. Global Change Research Program completed an assessment of what is known about climate change impacts in the U.S. and reported that, “Climate changes are already observed in the United States and...are projected to grow including increases in heavy downpours, rising temperature and sea level, retreating glaciers, thawing permafrost, lengthening ice-free seasons, earlier snow

melt, and alterations in river flows.” 8. Slight changes in the climate may trigger abrupt threats to ecosystems. According to a report by the U.S. Geological Survey, slight changes in the climate may trigger abrupt threats to ecosystems that are not easily reversible or adaptable, such as insect outbreaks, wildfire, and forest dieback. "More vulnerable ecosystems, such as those that already face stressors other than climate change, will almost certainly reach their threshold for abrupt change sooner." An example of such an abrupt threat is the outbreak of spruce bark beetles throughout the western U.S. caused by increased winter temperatures allowing more beetles to survive. 9. Coastal wetlands from New York to North Carolina could be lost. The EPA, USGS and NOAA issued a joint report warning that most mid-Atlantic coastal wetlands from New York to North Carolina will be lost with a sea level rise of one meter or more. 10. U.S. production of corn, soybeans and cotton could decrease as much as 82%. If we do not reduce greenhouse gas emissions by the end of the century, some of the main fruit and nut tree crops currently grown in California may no longer be economically viable, as there will be a lack of the winter chilling they require. And, according to a study published in the Proceedings of the National Academy of Sciences, U.S. production of corn, soybeans and cotton could decrease as much as 82%. The EDF requests action now to urge Senators to support climate and clean energy legislation that will reinvigorate the economy and create millions of new jobs.

EPA Stormwater Runoff Video The U.S. Environmental Protection Agency and the U.S. Botanic Garden have produced an on-line video, "Reduce Runoff: Slow It Down, Spread It Out, Soak It In." The video highlights green techniques such as rain gardens, green roofs and rain barrels to help manage stomrwater runoff. Showcased in the video are green techniques thar are currently being used in urban areas to reduce the effects of stormwater runoff on the quality of downstream receiving waters. The goal is to mimic the natural way water moves through an area before development by using design techniques that infiltrate, evaporate, and reuse runoff close to its source. The techniues are innovative stormwater management practices that manage urban stormwater runoff at its source, and are very effective at reducing the volume of stormwater runoff and capturing harmful pollutants. Using vegetated areas that capture runoff also improves air quality, mitigates the effects of urban heat islands and reduces a community's overll carbon footprint. To watch the video go to: www.epa.gov/owow/nps/lid/video. html

5

NYSACC news

6

Winter 2010

President's Message Some 2010 Goals for NYSACC When I return from a conference on the Environment I am filled with ideas for NYSACC involvement based on networking, workshops and speakers. My New Year’s goal is to not let these ideas disappear and to the best of my ability and the ability of NYSACC’s directors achieve some of these goals. 1) Follow through on regional meetings At the end of 2008 and in 2009, there were two regional meetings designed for CACs in Orange County and ELLA sponsored Northern Westchester. To the best of NYSACC’s Directors ability, we propose more regional meetings. Plans are under way for a meeting in DEC Region 1 Nassau and Suffolk Counties with the theme of Developing Community Gardens and CAC networking. Another regional meeting, with the same theme is proposed for Ulster County in DEC Region 3. Why community gardens as a theme? This is now a hot topic and a topic that CACs can definitely have involvement with and make a difference (see Town of Montgomery NYSACC award-winning project described on page 2). In addition, Conference attendees considered Julie and Steve Nobles’ workshop too good not to share. Both are NYSACC directors, Julie is Chair of Kingston’s newly formed CAC and Steve is Chair of the Ulster County EMC. If other regions wish to host NYSACC meetings let us know. We will come! 2) Address CAC & CB Questions Which Have Elusive Answers Questions are asked; we try to answer. If a topic is found in NYSACC’s history, in NYSDEC memory, in State Municipal Law or in various state documents,

3 Andover Drive Port Jefferson Station, NY 11776

we may find a proper answer. For example, the basic question of how a CAC meeting should be run. The answer is found in Robert’s Rules of Order because we are formed under State Municipal Law 12F, article 239 x and y. Therefore this is our guiding legislation. If you have a legal question where should you go? Of course first go to your Town Attorney, but how about some complex environmental question. At the Conference we spoke extensively with Karl Berger, NYSDEC’s Citizen Participation Specialist, who works as a liaison to CACs and EMCs and coordinates the June NYSDEC update sponsored by NYSAEMC. Karl is working with us to determine some procedures to more quickly find answers to complex questions. 3) Find new NYSACC Directors If you look on our website, www.nysaccny.org at the Directors Page, you will see where we need help. Join us. It’s just two meetings a year, one in June in Albany and one at the yearly Conference. 4) Increase NYSACC Membership NYSACC exists on membership dues. There are four times as many CACs in NYS then there are NYSACC members. How can NYSACC increase membership? 5) Increase Conference on the Environment attendance Conferences are excellent, but attendance is low. What can we do about this? Watch our next newsletter and our website for exciting news about the site of our 2010 Conference. So these are my goals for 2010. Can you help me achieve some of them? Joy Squires

NON-PROFIT ORG. U.S. POSTAGE

PAID

SYRACUSE, N.Y. PERMIT NO. 1362