Replies to This Discussion

Permalink Reply by Rick Cancelliere on August 6, 2011 at 8:14pm

Do yourself a favor and take a ride down Rt 18, go south on 168 to Mt. Air road, make a right turn and go about 1.5 to 2 miles and look at the drilling rig they have set up. You will be amazed.

Permalink Reply by ShaleAdvice (Steven C. Townsend) on August 9, 2011 at 5:30pm

I would be careful of only looking at the dollar amount for royalty and bonus payments.  Although those are very important factors to consider when deciding whether to lease, there are other factors you must take into consideration.  Remember the lease is written to protect the oil company, not the landowner or mineral rights owner.  Also, there are a number of clauses and provisions that should and must be included in addendums that will protect your current and future interests.

Landowner groups are great, but realize that your needs may not be identical to your neighbors.  Your lease should be catered to you specifically.  There are attorneys out there who are dedicated to the landowner from start to finish.   I wish I could give you specifics, but this site is not the right forum.  You should google those who handle marcellus disputes.

Take a look at this news story

http://www.ellwoodcityledger.com/news/local_news/landowners-express...

 

Steve Townsend

Permalink Reply by Tyler Durden on August 15, 2011 at 9:27pm

 

 

Here are the PA DEP regs concerning predrill samples.  Section (c) covers your concerns. 

 

 

 78.52. Predrilling or prealteration survey.

(a) A well operator who wishes to preserve its defense under section

208(d)(1) of the act (58 P. S. § 601.208 (d)(1)) that the pollution of a water supply

existed prior to the drilling or alteration of the well shall conduct a predrilling

or prealteration survey in accordance with this section.

(b) A person who wishes to document the quality of a water supply to support

a future claim that the drilling or alteration of the well affected the water

supply by pollution may conduct a predrilling or prealteration survey in accordance

(c) The survey shall be conducted by an independent certified laboratory. A person independent of the well owner or well operator, other than an employee of the certified laboratory, may collect the sample and document the condition of the water supply, if the certified laboratory affirms that the sampling and documentation is performed in accordance with the laboratory’s approved sample collection,

preservation and handling procedure and chain of custody.

(d) An operator electing to preserve its defenses under section 208(d)(1) of

the act shall provide a copy of the results of the survey to the Department and

the landowner or water purveyor within 10-business days of receipt of the results.

Test results not received by the Department within 10 business days may not be

used to preserve the operator’s defenses under section 208(d)(1) of the act.

(e) The report describing the results of the survey must contain the following

information:

(1) The location of the water supply and the name of the surface landowner

or water purveyor.

(2) The date of the survey, and the name of the certified laboratory and the

person who conducted the survey.

(3) A description of where and how the sample was collected.

(4) A description of the type and age, if known, of the water supply, and

treatment, if any.

(5) The name of the well operator, name and number of well to be drilled

and permit number if known.

(6) The results of the laboratory analysis.

(f) A well operator who wishes to preserve the defense under section

208(d)(2) of the act that the landowner or water purveyor refused the operator

access to conduct a survey shall confirm the desire to conduct this survey and that

access was refused by issuing notice to the person by certified mail, or otherwise

document that access was refused. The notice must include the following:

(1) The operator’s intention to drill or alter a well.

(2) The desire to conduct a predrilling or prealteration survey.

(3) The name of the person who requested and was refused access to conduct

the survey and the date of the request and refusal.

(4) The name and address of the well operator and the address of the

Department, to which the water purveyor or landowner may respond.

 

 

 

 

 

 

 

 

Permalink Reply by Jim Litwinowicz on August 31, 2011 at 9:48pm

Contact all your neighbors and work together. You can often get a good discount by a testing service if you have a group of neighbors all getting tested the same time. You should have tests done both before and after. Use a third party that will retain evidential custody of all samples.

 

Its not as bad as people make it sound. You may hear it if your outside but shouldn't be too bad. The only real issue will be lots of truck traffic if they go by your house.