PA Environment Digest Blog: DEP Approves PennEnergy Resources 1.5 Million Gallon/Day Water Withdrawal For Shale Gas Drilling From Big Sewickley Creek In Beaver County

On January 29, 2024, the Department of Environmental Protection notified PennEnergy Resources, LLC it had approved their request for a 1.5 million gallon per day water withdrawal and a permit to construct a water intake and temporary aboveground water pipeline from the Big Sewickley Creek in Economy Borough, Beaver County.

On February 13, 2024, DEP notified those who commented on the applications that the PennEnergy request was approved.

DEP also prepared a Comment/Response Document to respond to the comments it received on the applications from 183 commenters.

Of concern to many commenters was the potential impact of the withdrawals on stocked trout and the recreational opportunities in Big Sewickley Creek.

In the Comment/Response Document, DEP quotes the Fish and Boat Commission as saying, “The combination of flow requirements outlined in SIR# 56633 and a proposed maximum withdrawal rate of 2.32 cfs mean that a high proportion (>90%, based on average monthly flow data from the USGS gauge 03086100) of available water will remain in BSC between February and May even if the maximum proposed withdrawal is taking place.

“If approved, PennEnergy Resources (PER) must adhere to strict monitoring and reporting requirements to ensure that no more than 1.5 million gallons of water are withdrawn per day (MGD).

“The proposed intake manifold would be temporary in nature and is required to be removed from BSC [Big Sewickley Creek] when not in use.

“If the permit is approved, placement of the intake and its associated infrastructure would be coordinated with PFBC staff to ensure that access to the stream is not prevented.” [Comment #6, page 5]

The Commission noted, “natural reproduction of trout has not been detected in Big Sewickley Creek.”

DEP said, “Given this response and the requirements in the WMP (such as passby flows), the Department has determined that the uses of Big Sewickley Creek will be maintained.” [Comment #6, page 5]

DEP’s January 29, 2024 letter to PennEnergy Resources, LLC said the company has 30 days from the date of the letter to appeal the action to the Environmental Hearing Board.

For related documents and other background, visit DEP’s PennEnergy Resources, LLC webpage.

Reaction

The Big Sewickley Creek Watershed Association issued this statement in reaction to DEP’s permit decisions--

The PA Department of Environmental Protection (PA DEP) has ignored the concerns of hundreds of local residents and their state Representative and approved a permit allowing a shale gas drilling company to withdraw millions of gallons of water from Big Sewickley Creek, a treasured community natural resource.

Residents and watershed advocacy groups responded to the PA DEP 5-year approval of PennEnergy Resources, LLC’s Water Management Plan with heightened concern for the welfare of the creek and the watershed’s unique ecosystem.

The creek is a popular spot for trout fishing, swimming, and recreation.

And the creek is home to a state-threatened fish species, the Southern redbelly dace and a heron rookery.

The water withdrawal site will be located off Big Sewickley Creek Road in Economy Borough, Beaver County, near Cooney Hollow Road, in an area known by locals to be the prime fishing and recreational portion of Big Sewickley Creek.

Nearly 200 people wrote to the PA DEP requesting denial of the water withdrawal permit, and almost 500 people signed two different petitions that were also sent to the PA DEP.

The only person who wrote in support of approval was the president of the Marcellus Shale Coalition, a trade association focused on unconventional shale development.

Many question why so many concerned voices appear to have been dismissed in favor of supporting one company’s operations.

"The Big Sewickley Creek Watershed Association (BSCWA) reflects the frustration of all who advocated against this permit. Residents’ favorite spots are going to be impacted, including popular fishing locations and the famous swimming hole. Hundreds of community members spoke out against this, our state representative didn't want this, yet the decision was still made to grant the permit. Why don't the people who live near, recreate in, and care about this creek get a say in a decision that impacts them and the wildlife they care about?" said Katie Stanley, president of the BSCWA.

On multiple occasions, including June 2023 and August 2023, BSCWA sent letters to the PA DEP asserting that the methods to be used to measure water flow, prior to water withdrawal, are inadequate and are not protective enough.

Concerns remain that allowing water withdrawals up to 1.5 million gallons per day will degrade downstream water quality and could impact aquifers and water wells that residents rely upon, as well as threaten a downstream Great Blue Heron rookery.

Allegheny Land Trust (ALT) completed the Big Sewickley Creek Watershed Rivers Conservation and Stewardship Plan in 2021.

This plan identified unique ecological, recreational, and hydrologic values the BSC provides. The Plan supported the addition of the creek to the PA Rivers Registry.

“One focal point of the Plan is the public survey,” said Casey Markle, Conservation Associate at ALT. “Over 40 percent of residents who completed the survey said gas drilling was the biggest threat to the watershed, and over 80 percent said not enough was being done to protect the water. The community remains concerned about the repercussions of water withdrawals.”

Alyson Fearon, Vice President of Land Conservation at ALT who prepared the Plan said, “Aside from the threats to protected species, a water withdrawal would create a permanent detriment to the recreational values including fishing, swimming, and wildlife viewing. Protecting these recreational attributes is specifically identified within the Plan’s Statement of Need.”

PA State Representative Robert Matzie, D-16, Ambridge, whose district includes a portion of Big Sewickley Creek, wrote two letters, the first in July 2021 and another in April 2022 to the PA DEP requesting denial of the water withdrawal permit.

And in May 2023 Rep. Matzie said, “I spoke out against it the first time; I spoke out against [it] the second time, and I remain opposed this time. Plain English: get your water somewhere else.”

Rep. Matzie said that withdrawing water from the creek was “a bad idea,” particularly since summer drought conditions will be exacerbated in the creek.

Residents and watershed advocates emphasized a much larger source of water like the Ohio River could be used instead.

PennEnergy Resources already has a permit to withdraw five million gallons of water per day from the Ohio River and a pipeline running from the river to New Sewickley Township.

Residents also questioned why a private, for-profit company is allowed to withdraw water from the creek for free, with seemingly little to no regard for the water source protections assured under Pennsylvania’s Constitutional Environmental Rights Amendment.

Article I, Section 27 states, “Pennsylvania’s public natural resources are the common property of all the people including generations yet to come.”

Residents questioned how this permit, with the potential to harm a beloved watershed, aligns with those constitutionally protected rights.

“I have been working with Trout Unlimited on the streams to bring them up to quality standards so people don’t have to travel far to visit something pristine like Big Sewickley Creek. With one reckless permit, we worry all the work we have done could be affected. Sadly, this permit sets a standard that is unacceptable,” said Beaver County resident Bob Schmetzer. “Recreation is a major industry for Pennsylvania and we can’t sacrifice that for an extractive industry that threatens our waterways.”

Residents and watershed advocates have fought to stop water extraction from Big Sewickley Creek for more than two years, and they plan to continue their efforts to protect the creek from harm.

Click Here for an Association fact sheet on the water withdrawal.

NewsClips - Past Articles:

-- Inside Climate News - Jake Bolster: Fracker In PA Wants To Take 1.5 Million Gallons/Day From A Small, Biodiverse Creek; Should State Approve A Permit?

-- KDKA: Community Members Fighting Water Withdrawal Proposal For Big Sewickley Creek

-- The Allegheny Front: Company Seeks To Withdraw Water From Western PA Trout Stream For Fracking

-- Beaver County Times: Big Sewickley Creek Plan Pits Drilling Company Against Watershed Defenders

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