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Coalition Letter requests that NYSDEC issue a Supplemental Findings Statement to prohibit all types of High-Volume Hydraulic Fracturing

We, the undersigned, write respectfully to request that your Department of Environmental Conservation issue a Supplemental Findings Statement to revise its definition of high-volume hydraulic fracturing (HVHF) to prohibit all forms of shale fracking in New York, not just HVHF based on "300,000 or more gallons of water."

Our request is critically important because DEC received a gas well permit application on April 24, 2015 to frack Marcellus shale using gelled propane instead of water in Tioga County. Since then, there have been many exchanges between DEC and the applicant.


Your administration clearly knew that its HVHF definition was inadequate to implement the No-Action decision in the Findings Statement issued on June 29, 2015.

Given that shortcoming, we request that you take immediate action to fulfill the shale fracking prohibition specified in the Findings Statement:

"Based on unavoidable adverse environmental impacts and uncertainty regarding the science surrounding high-volume hydraulic fracturing and its potential impacts to public health and the environment, the Department finds that the best course of action is to select the No Action alternative. Selection of the No Action alternative means that the Department will not establish a high-volume hydraulic fracturing permitting program; that no individual or site-specific permit applications for wells using high-volume hydraulic fracturing will be processed; and that high-volume hydraulic fracturing will be prohibited in New York State (emphasis added)."

See PDF page 42 at:

DEC's No-Action decision reflects a determination that non-water HVHF associated with the “environmentally-friendly chemical approach," including "Liquid CO2," "Nitrogen-based foam" and " Liquefied Petroleum Gas (LPG)," "all fail to limit unavoidable adverse environmental impacts and fail to address the risks and uncertainties of high-volume hydraulic fracturing."

Yet, the Findings Statement's HVHF definition excludes those fracking methods because it is limited to:

"the stimulation of a well using 300,000 or more gallons of water (emphasis added) as the base fluid for hydraulic fracturing for all stages in a well completion, regardless of whether the well is vertical or directional, including horizontal."

We request that the definition of HVHF prohibit the use of gelled propane proposed in Tioga County by specifically barring the use of "water or any other substances" as the base fluid for hydraulic fracking proposed for Marcellus Shale in New York.

We also request that the definition of "high-volume" hydraulic fracking be revised from 300,000 or more gallons for all stages of a well completion to 5,000 or more gallons for any stage of a well completion.

Given those concerns, New York's definition of HVHF should be:

"High-volume hydraulic fracturing is defined as the stimulation of a well using 5,000 [300,000] or more gallons of water or any other substances as the base fluid for hydraulic fracturing for any [all] stage[s]in a well completion, regardless of whether the well is vertical or directional, including horizontal, in Marcellus Shale and other low-permeability gas reservoirs. The 5,000 [300,000]-gallon threshold is the sum of all water or any other substances, fresh and recycled, used for any [all] stage[s] in a well completion. Well stimulation requiring less than 5,000 [300,000] gallons of water or any other substances as the base fluid for hydraulic fracturing for any [all] stage[s] in a well completion is not considered high-volume, and will continue to be reviewed and permitted pursuant to the 1992 GEIS, and 1992 and 1993 Findings Statements, but not for Marcellus Shale and other low-permeability gas reservoirs."

Adopting this revised definition is critical to implementing your administration's final conclusion regarding HVHF:

"Consistent with the social, economic and other essential considerations from among the reasonable alternatives available, the No-Action alternative avoids adverse environmental impacts to the maximum extent practicable; including impacts disclosed in the supplemental environmental impact statement..."

We trust that you will find our request self-explanatory, but please do not hesitate to contact us if you have any questions that we might be able to answer.

Thank you very much for your consideration.

Very respectfully yours,

Total Signatory Count: 1456

William Barnett
40 Genung Circle
Ithaca, New York
Leann Lesperance
108 Red Fox Run
Vestal, NY
Jonathan Titus
15 Maple Ave.
Fredonia, NY
Christian Benjamin
218 74th Street
Brooklyn, NY
arnold talentino
38 van hoesen street
cortland, New York
Hank De Leo
82 Burdick Hill Rd
Ithaca, NY
Holly Hutchinson
328 Pennsylvania St
Buffalo, NY
Susan Straight
Toxics Targeting
5539 Bower Rd
Trumansburg, NY
gwen & milt Schaffer & Mesirow
mr, & ms.
11 little brooklyn rd,
warwick, new york
Michael O'Brien
400 West 23 St.
New York City, NY
Katharine Adams
236 East 13th Street
New York, NY
Helen Mandeville
William Sharfman
Dr. William L. Sharfman
50 Riverside Drive
New York, NY
Devin Henry
2593 East River Road
Nichols, New York
Elizabeth Watts
16 Starks Place
Lynbrook, NY
Dorrit Ram
207 1/2 Willow Ave.
Ithaca, NY
Jill Marie
959 Comfort Road
Spencer, New York
Kurt Pipa
126 Rachel Carson Way
Ithaca, NY
Elaine Livingston
1403 Glenwood Rd
Vestal, NY
Ann Leonard
46 Hammond Hill
Freeville, NY
Mark Karlsen
332 Aiken Rd
Trumansburg, New York
Linda Christensen
Blue Quarry Designs
9284 Route 89
Trumansburg, NY
Charleen Heidt
107 Wedt Falls Street
Ithaca, NY
Ann Swanson
117 School St Mosherville
Millerton, PA
Eric Slocum
7187 Jacksonville Rd.
Trumansburg, NY
David Gould
574 West End Ave #11X
New York, NY
Gene Binder
5900 Arlington Ave
Bronx, New York
Dene Karaus
Board of Directors
Lamoka-Waneta Lakes Association
4250 Windwood Rd
Hammondsport, NY
Kathe Sandstrom
Membership Chair
Mid-Hudson Sierra Club
48 S Manheim
New Paltz, NY
Sharye Skinner
4522 Syracuse Rd
Caz, NY
Susan Kyser
113 Nelson Road
Ithaca, NY
Stephen Engleman
125 Balley View Rd
Ithaca, nNY
Gilbeert Levine
Professor Emeritus, Cornell University
71 Brooktondale Rd.
Ithaca, New York
Patrice Jennings
244 bald hill rd
Spencer, NY
Sarabeth Matilsky
204 Rachel Carson Way
Ithaca, NY
Mary Lourey
5165 Jacksonville Rd
Trumansburg, NY
Maria Muscente
20 saunders road
Ithaca, Ny
Edward Mitchell
Sole Proprietor
Bronx River Bicycle Works
27 Mount Vernon Avenue
Mount Vernon, New York
tanya marquette
149 forest glen rd
new paltz, ny
Steven Gaarder
Ecovillage at Ithaca
130 Rachel Carson Way
Ithaca, NY
pam wooster
9 townline road
ithaca, NY
Anne F. Kriz
Church of the Assumption Social,Justice and Outreach Committee
5886 Allen Padgham Rd
Farmington, NY
David Sibley
2 Dove Drive
Ithaca, NY
Timothy Clark
140 Pine Tree Rd
Ithaca, NY
Elizabeth Davidson
Elizabeth Davidson Architect
75 Faulkner Road
Hale Eddy, New York
john lutes
2221 imperial point drive
ft. lauderdale, florida
beth palmer
3 Arrowood Lane
Ithaca, New York
Karen Chimento
ClearView Psychotherapy Associates
202 The Commons Suite 412
Ithaca, New York
Stephen Singer
445 Ferguson Rd
Freeville, New York
Susan M. Daum
Occupational and Environmental Medicine
16 East 96th Street #5A
New York, NY