I have a question for someone in the know about pad construction.  On my place exist two very small "wetlands".  More like small springs in the field have some spike grass growing which is a wetland plant. 

I'm all for protecting wetlands don't get me wrong, but frankly we have plowed this under in the past, planted etc so its not some pristine area.  In fact, I could build a pond on either place without one issue with the DEP, thats how most farm pond are fed, by springs!!

So, I'd like the pad moved in a certain direction and distance from some buildings ( including occupied ones ).  My lease has a clause that states I have a right to site approval and further it states that NO pad may be made within 500 ft of an occupied building.

Right now its about 300 ft by markers but the gas company said they could move it another 80 ft or so but no further due to the wetlands issue.

I want the pad, and while I have a great lease and could say sorry you are within 500 ft of a home no go, I won't likely do that.  Instead I want a compromise if possible.

So, does anyone have any experience with this wetland issue and since these areas are so darn small and just springs is there a way the gas company could ask the DEP for say a variance or approval based on the small size, location etc?

My feeling is that the gas company wants to put the pad where they have markers so they simply have to move less dirt.  I want the pad put where it takes up the least amount of prime hayfields and is out of my way for the most part.

So far they have been very good about making some changes for me.  I don't mean to irritate them, but if an exception can be made and they still get the pad whats the issue.  I sometimes think the engineers who put these together have no clue as to reasonable alternatives.  They come out once or twice pick the flattest spot and say here we go with no consideration as to the wording of my lease etc.

Again, I don't want to be such a pain that they say okay this can't work out so we will go elsewhere.  All I want is this thing to be about 150 ft down in a lower hayfield/briars mostly.  But that brings it close to the quote wetlands and the gas company has a zone of disturbance that extends out from the pad.

Can a variance be made for small little springs?  Anyone had this issue?

Any experience, or educated thoughts are welcome. 

Thank You

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it's like dealing with a faceless enemy,isn't it? a cancer.

No, I would not really agree with that at least in my experience.  I can speak to them anytime and they have generally been very accomadating.  This may just be a true environmental issue and if so I have no issue with the gas company.

Any replies with actual insight on my question please let me know.

i'm refering to the dep.  in pa. you can can usually 'build' a wetlands somewhere else to accomdate the extortionists at dep, if you have a suitable place on your property.

If the wetland is less than 1 acre in size, the company can build right up to it as long as they they install proper sediment controls.  If the wetland is greater than 1 acre in size, the current setback is 100' (going to 300' for shale plays once the new regs kick in), but the company can apply for a distance waiver for the site and do the same thing.  They can just never build in the "wetland" itself.  The wetland replacement that Gary had mentioned doesn't happen with the DEP. 

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