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Letter to MEC: Safety and forethought before damage and short-term $$$

One of our members emailed this letter to the Mining and Energy Commission as part of the open public comments period for its proposed fracking rules. We were blown away by this advocacy, and we wanted to share this with you as both an example and an inspiration for you to take action.

Dear MEC Members,

You have been charged to establish a modern oil and gas regulatory program “designed to protect public health and safety; protect public and private property; protect and conserve the State’s air, water, and other natural resources.” It is clear that the highly-profitable gas and oil industries are pouring funds into promoting their agendas to further destroy our state and its resources without respect for protection of its residents – people and wildlife.

I am a Wildlife Steward certified through the National Wildlife Federation. As a former resident of Oklahoma, I saw the ugly effects that massive oil production has caused in that state. The proposed Permitting rules (15A NCAC 05H.1300) do not go far enough to protect public health and safety; protect public and private property; protect and conserve the State’s air, water, and other natural resources. The Mining and Energy Commission’s (MEC) proposed rules to the NC General Assembly must include stronger language to:

  • Require green completion standards (15A NCAC 05H.1607) and air quality permitting as part of the application process. Green completion requires that dangerous methane gas be captured during well completion. The proposed rules FAIL to provide for monitoring and protecting air quality around fracking operations;
  • Provide a definition of “significant adverse effects on surface water, groundwaters, wildlife, habitats of rare and endangered flora and fauna and other critical communities, or freshwater, estuarine or marine fisheries” (Current language in rules (15A NCAC 05H. 0100) is far too vague);
  • Define the scientific criteria the commission would utilize to determine “significant adverse effects” clearly outlined in the rules before they are voted upon by the NC General Assembly; and
  • Implement an impact fee as recommended by the commission’s study group under 15A NCAC 05H .1306 in order to assist local governments cover the costs and damages associated with drilling operations – a significant average of $56,000 per well. Local governments must be empowered to protect the roads and infrastructure we rely on to live and work in our communities – again, per your directive to protect public health and safety; protect public and private property; protect and conserve the State’s air, water, and other natural resources.”

In addition, further enforcement strength must be provided for in the Oil and Gas Conservation Act (15A NCAC 05H.0901 – Enforcement including:

  • Consistent enforcement policies ensuring that identical violations receive the same penalties, regardless of who conducts the inspection;
  • Penalties significant enough to deter repeat offenses;
  • Direct and immediate power for the Director of the Division of Energy Mineral and Land Resources to cease fracking operations altogether (15A NCAC 05H.0901);
  • Guaranteed funding for enforcement staff prior to issuing ANY permits;
  • Provision for local government officials to oversee enforcement actions without being in violation of trespassing laws; and
  • That the Department of Environment and Natural Resources (DENR) consistently monitor and inspect all active and abandoned wells, with a designated maximum ratio of wells to enforcement staff.

It is understandable that perhaps Ms. Lewis-Raymond, Mr. Gilmore, Mr. Holbrook, Mr. Taylor and Mr. Womack could have potential conflicts of interest in applying the above directive; I would specifically beseech all of you folks to conscientiously weigh all factors for the greater ultimate good, not for mere profits of entities you may represent.

As a concerned citizen of the State of North Carolina, I respectfully request that the MEC maintain the long-term safety and beauty of our state as a higher priority than quickie short-term, short-sighted profits that will ultimately be extremely detrimental to our state.

Are you ready to take action? Click here to submit your comments on the proposed fracking rules TODAY!

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