From

the offices of

Public Herald
Nonprofit Investigative

News

Paramount Film Ex(hange Bld8.
544 lv4iltenberger 5t.

Pittsburgh, PA 15219
Tel. 4'19-202-8503
Em ar I I
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websrre:

Dear Governor Wolf,
Public Herald has made several requests for an interview with you to your Press Office
and Campaign Staff without reply.

Our investigative news nonprofit is dedicated to journalism in the public interest. We
wish to conduct an interview with you regarding our investigations of fracking impacts
in Pennsylvania and the current issues faced by citizens of the Commonwealth. One
citizen, Dorene Dougherty, has also reached out to you specifically but did not receive
a reply either. This package is for the purposes outlined below:

1.

Public Herald requests your comments regarding the case of Dorene Dougherty,
a disabled woman who has exhausted the avenues available to a citizen of the
Commonwealth to appeal an industrial permit that allows for construction and
operation of an unconventional shale gas site. According to Doughervs doctor,
fracking would exacerbate Doughert/s illness (toxic encephalopathy) and even

result in her death.

2.

Again, Public Herald requests a time to meet with you for an on-camera
interview regarding the impacts from fracking in Pennsylvania and when
citizens can expect full protection from those impacts under your leadership.

Enclosed you'll find the original packet of information sent to you via certified mail

May 6,2014 by Dorene Dougherty.

I look forward to your reply,

''0.'-'- olnttC/f
, viJ.,//Cr't
,,/
Public Herald
melissa@publicherald.org
724-388-0464
www.oublicherald.orq

  

 

 

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PAULINE

 

/0 DOREEN DOUGHTERV

PA lsfiw


CONDUCT A PRE DRILLING WA SUPPLV SURVEY

Energy r'iolluollon Company ("sumo") (a drill a gas well in viciniuy or your business (Ind/01'
water supply in [he ucau Under An 13 is rtquirell la wulsr supplies
wilhill 3000 n. bouunluiy or intended well localiolls. These \valcr m: lo I): Included on noll 
npplimliolls and snuruce or \vll'cr supplics will be given noxincullon by serco

  

SEPCO is [113! you punicipolc ilie wulcr suivsy being done in your men. you choose (0 pan in [he
predrilling num supply sum-y, I): nllvisod Ihal sncli 5"ch would consisi or looming und ob|llillillg or your
wum supyly or supplies and daculuemnliml orony awuiluble quality 0! well dam,

A will lollow up \vilh you in llio up." on liynu have any qlles|iolls penaining lo lliis in
llie mainline. please comm SEPCO ul number below.



9 I1 Sm: Raul: 91 
PA 18657
570-996-4200

Thank you. uppmlale your assisluucc

ynurs,

mom/27 bps/AA

Kimberly Galella
Senior Toolinlolun
Pmdudiqn Company

gal/F

mu m- Mos-up [In 
Mum mm o. mi. loll hon 
Mutual: Wampum..-

 sEPco
2350>>: Sam Mansion 5
Suite l25

production Company" Mamie: 77052

VIA US MAIL CERTIFIED RETURN RECEIPT REQUESTED
September 3, 2013

PAULINE DAVIS

DOREEN DOUGHTERY

TUNKHANNOCK. PA 18657

SUBJECT: Permits to Drill Dziuba Ben'amin 2H
EATON TOWNSHIP

WYOMING COUNTY, 
Dear Sir or Madam,
The intent of this mailing is meant only as a notification, no action is required by you. As
of April 1, 2012, all operators are required by the PA DEP to notify any water well

purveyor within 3000' of a proposed drill site and all Municipalities adjacent to the well
prior to submitting any applications to drill or alter a well.

For this reason enclosed please find the following documents regarding the above
referenced well(s).

- Permit Application for Drilling (DEP Form 5500-PM70G0001)
- Well Location Plat (DEP Form 
- Landowner Notification of Well Drilling (DEP Form SSOD-FM-OGOOSZ)

Feel free to contact me at 281/618~6153 or barbara.critchlow@swn.com with any
questions or concerns you may have.

Regards.
Wm WM

Barbara Critchlow
Staff Regulatory Analyst

Encl



me WI mm m; ma Fagin Ming:

"mm Asset: will seam mm,-

8000-PM-ooGM0001b 4t2012

COMMONWEALTH OF PENNSYLVANIA
OEPARTMENT OF ENVIRONMENIAL PROTECTION
OFFICE OF OIL AND GAS MANAGEMENT

ffir:::r:t):::.:t..

PERMIT APPLICATION TO DRILL AND OPERATE AN UNCONVENTIONAL WELL
DEP USE ONLY
Notes

objection Date.

0G0 #

Do notissue beforei

#'s37-_-_-_-_l
- ; -_-_; '_-_; -_ -_
and -_-_; -

API
C

Date Apprcv.d:

ient ld

Eond#

Wate6hed Name:

Designation:
c:

G:

DH0

Efv

SpecialCond.

INV'

APS#

I

Auth ld

Site ld

PF

sF td
'd

Please reacl instructions betorc you beein

t

ltng in this

fom.

WELL INFORMATION
Well Operator

DEP

Southwestem Energy Production Company

,ell

ID;

260287

2350 N, Sam Houston Pkwy East, Ste 125

srate

Cily

TX

Houston

Municipality Name/ City. Borough, Township

County

Eaton

Wyoming

Email

USGS 7.5 min. quadrangle map

Section

Barbara.critchlow@swn.com

Tunkhannock

4

Check if this is a new address
Galrdized lmpo!ndmenl
ldentiilcalion

Sudace

NameJ

Tunkhannock Creek
I Deepest Formalion to be penekaled.

Elev

947'

EmeBenay Phone coitact number

460 Stony Mountain Rd., Tunkhannock, PA

Well Pad (clusb4 Name/ldentjfcauon

Bofiow Area Namdldenljtcation

Harding Edward-WYOMING-2-PAD1

Commercial

8146'
Antcipated Targel Top/gottom

ryD

PERMlr TYPE

TYPE OFWELL

Check applicable.

Check applicable.

fl

8025',-8175'

Number of wellbore laterals proposed under this

application 1

Re-permit expired

D

permit
.

Totalfeet ofwellbore to be drilled under this application 13875 Ft.
lf applying for a permit to rework an exlsting well not registered or permitted, check
(see inshuctions)
this box
and enter date drilled. if

fl

Drilla new well

El cas
D oit

Application is tol

E

Marcellus

known:

E

Deepen well

D

Redrill wellbore

fl

Alter well

D

Other

(specit)

Aftached:E Any threatened

or endangered "hit" must include a copy of the
clearance letter from the applicable agency(ies),
PNOI

Application submitted

a6: Coalwell:n

Atlach CoalModule
CBM well
Atach Coal Module
Non coalwell
Attach iustification.

n

911 address ol well slte (ifavailable)

(800)-s41-20s0

Anticipaled TVD

I Onondaoa

Target Formaton(s) proposed for prodoclion

NAD
83

177032

24t

ldenti{.alion

Comb. (gas &
oil/condensate)

fl

I
I
I
I

other (specify)

Coniguralion
Vedical

Check applicable.

E

I

Marcellus

I

Unconventional

Total Application Fee

$

3650.00

Bond Agreement ld

Deviated

089777 45

M!lliple laterats

X

Yes I

Will the well be subject to the Oil and Gas Conservation Law? lf "No," go to 2).

a.
b. Does the location fallwithin an area covered by a spacing order?

lf "Yes" to #1, is the well at least 330 feet from outside lease or unil boundary?

c.

APPLICATION FEE

Horizontal

COORDINATION wlTH REGULATIONS ANO OTHER PERMITS

1.

Serial#

Project Number

41" 32'42.14'

r-orc- 75" 59'54.56"

Fax

Freshwater lmpoundn€f t Narne/

2H

I zip

281/618-6153

!

Mell Farm Nam€

Dziuba Benjamin

LAr

Address

Phone

API # (il available)

37-

x
x
!

No

tr

!

X

lf the well will be multilateral, identify the wellbores on the sketch on page 3 of the plat that wlll be
completed as conservation and non-conservation.

2.

Will either the edge of the disturbed area of any portion of the well site of the unconventional well be within
100 feet, or the vertical well bore be within 300 feet, from the edge of any solid blue lined stream, spring or
body of water identified on lhe most cunenlT/z' lopographic quadrangle map or wetland greater than one
acre in size or in a wetland?
lf yes, is a waiver request (form 5500-FM-0G0057) and site-specific E&S control plan attached?

-1-

tr

x

!

n

 80c,t.PM-OOGM0001b 4/2012

.r

rivill the vertical wellbore penetrate or be within 3,000 leel of an active gas storage reservoir

a.

lf Yes, print the names

of:

Storage

Field:

boundary? n

X

Operator:

- - _.f]_- - -X
I ; the proposed well locatron rvitirin ttre p-ermltted aiea ofa lindfilD'
;-j,1ffiwettueorl-tteowitnin500ibetfromanyexistingbuildingorannx
existing water supply?

attached?

!
tr
lf written consent is not attached, is a vanance request (form 8000-FM-OOGM0058) attached?
tr
n
5.1'Wiilmwettoeoritteowiirrint'ooriteetiiomanyexistingriaterw;iT'-_[-_-a-_
a.
b.

lf "Yes," is written consent from lhe owner

surface water intake, reservoir or other water supply extraction point used by a water purveyor?

attached?

I
lf written consent is not attached, is a variance request (form 8000-FM-OOGM0058) attached?
!
6. Will t[-e well be located whAre it maiimpac t puUlc redource is outiined in'ihe "Coordination of a Well fla.
c.

lf 'Yes," is written consent from the owner

!
f]
X

Location with Public Resources" form 5500-PM-0G0076? lf yes, attach a competed copy of the form and
clearance tetters from applicable agencies.

7.

Will any portion of the well site be in a Special Prolection High Quality
watershed?

tr

(H0) or Exceptional Value

tr

(EV)

Provide name of special protection watershed

Activities U

8.

Is this well part of a development which requires an Earth Disturbance Permit for Oll and Gas
disturbing more than 5 acres? lf yes, list the number of the ESCGP approval if the permit has been issued.

9.

ls waste, including drillcuttings, from the drilling ofthis well to bedisposed of on this wellsite?

X

!x

10. Will the well or well site be located within a defined 100 year floodplain or where the floodplain is undefined, within 100 feet of the tpp of
the bank of a perennial stream or within 50 feet of the top of the bink of an intermittent

stieam,
a. lfyes, is a waiver request aftached thatwill protect the Waten of the Commonwealth?

1

1. ls the well to be located within a HzS area pursuant to $78.77a?

X
tr

n
!

!x

12. Attach a current Ownership & Control form 8000-F \4-0OGM0118
'irffiffi Theperson'sjgningthisformatleststhattheyhavetheauthoritytosubmitthisapplicationonbehalfoftheapplicant,andthattheinformation,

- r'fi..lll il ::l1r';ll': I I Includinq all related submissions,
Slgnature of PeFon Auhodzed lo SubmitApplicatjon

is true and accurate 10 lhe besl of lheir knowledae.
(Prinl ot

Twe)

NameofSigner

Dale

John Nicholas
Tille:

Operations Manaqement General Manaqer
Appli€ton Prepa€r/contad Barbara Critchlow, Sr. Staff Regulatory Analyst

09/04/13

Phone: 28'11618-6153

Dziube Benjamin 2H

-2-

 8000-Flvl-OOGMoO52 4i2012

CO[4tltON\ryEALTH oF pENNSYLVANtA
DEPARTJ/l ENT OF ENVIRONN]lENTAL PROTECTION

ffipennsytvania
{'"""qdNN"

OFFICE OF OIL AND GAS MANAGEMENT

Ye

NorlFrcATroN oF suRFAcE LANDOWNER /VATER puRVEyoR
oF wELL DRTLLTNG opEMTroN on nr_rinnrroru
WATER SUPPLY PROTECTION
section 3218 of 58 pa 6

s

public or private water supp

'1

s6 3201-3274 ('elaling Io Development)
('21012 oir and Gas Act provides cenar.r p.oiections
"*r"#
to
notice ii
i"
l"ilrrary or your rights under)secrion 3218.

ieii rrris

iof

i-

The Act states that an oil or gas wel/ operator
who pollutes or diminishes a public or private
water supply shall restore or
water supplv wjth an attemate sor,.; ;i;;i;;"";;qrate
in quantity or quatity for rhe purposes served by rhe

:t!';;:

*"

DEP has a statewide tollfree phone
lutbuj
lgl r-e!9r1ils cases of water contamination which may be associated
with development ol oil and gas resources.
Catt t_S6S_ZSd_SGa

2.

Any landowner or water purveyor whose water suppiy
is
operation of an oil or qas well m€y srbmit noti."

polluted or

.
_diminished as a result of the driltjng, alteration or
ii"t tr,e
o"p"rtr"nt g""ir""r""t"i prot_.ction conduct an
investigation vy'ithin 45 clavs ot Itr6 request. ftre i"p"-'rrJ"iriri'r"L".a
"riii"quu-ri
"i
aetermination.liiiJ
o"i"in.'"nt t,nos that por,ulion
or diminution was caused hv.the oritrini, arieration
Li
activties
;;;;
or
;i
it
pollulion' then it will issue su;h o.0""
;;rr;;';""/""1
lperator responsib,e for
ui'"." nu"".."ry i"

o,-

."pr""",n"-nt'oi6,J*It",

""'rrr"'r".".ation
The folrowing information is to be provided when
"uppry.
firing notice and requesting an investigation:
The name' address' and telephone number
of the surface landowner or water purveyor
requesting the investigation;
The type, location and use of the water supply;
Any available background qualiry and quantity
data regading the water supply;
Well depth, pump setfing and water level, if
known; and
Oescription of the pollution or diminutjon.

a)
b)
c)
d)
e)
3'

The Act establishes a legal presumption that
a well operator is responsible for the pollution
of a water suppry if:
a - Conventional well

i.
ii
b.

i
ii'

-

the watersupply is within 1,OOO feet of an oil
or gas well: and
the pollution occuffed within six months after
completion of drilling or alteration ofthe
oil or gas well;
Unconventional well:
the watersuppry is within 2,500 feet of the
unconventionar verticar werr bore; and
theelpollution occuned within 12 months of
the later of oompletion, drifljng,

stjmuration or alteration of the unconventjonar

lf the affected water suoolv is within the rebuttable presumpt;on
area and the- rebuttabre presumption appries,
the operalor
*"tJ. r."i i" wrr."ut a readiry avairabre arternaiive source
of water. The
provided un,ld'.ii,i.
qGrtirr
l;f!;;;t.*"ot "'pprv
"rur."lion-"-nurr'-0"?i"qr"," i"
o*0o... served by
shall provide a te'nrporirv'water supply if the

""Jqr"riiy?i.lni

4

The we' operator may rebut or disprove
this presumption by proving one of the
fo,owing five defenses:
a - Conventional well

i' The pollution existed prior to the drilling oI alteration activity
as determined by a pre-dri ing or pre-alteratjon
survey.
ii rhe landowner oI water purveyor refused to allow the
operator access to conduct a pre-drilling
pre-alteration
or
survey.
iii. The water supply is not within j,OOO feet of the we
iv The po'ution occu'ed more than 6 months after compretion
of ddting or arteration activities.
v' The potution occurred as a result of some cause othef
than the di,ing or arteration activity.
b. - Unconventional well:
.

i.
ii.

iii.
lv.

drilling' stimuiation or arteration activity as
determined by a predrilring or prealteration

 8000-FM-ooGM00s2 4/2012
NOTICE: To landowner or water purvevor,

The Dre:uTption mav bi void if the l?:n:downef o( water pg!--vevor refuged tg allow the operator of an unconventional well

""""""

buth" oo"r"to.

(or th

"ir "o"nt)

to

"ondu"t "

or"diillinoffi

Well_operators electing to preserve their defenses under 4 a or b,(i) or (ii) above must retain the services of an independent
certifred laboratory to conduct the pre-dri_lling
pre-alteration survey of water supplies. The results of the survey must be
provided within 10 business days of receipt of-or
the results by providing a copy to tire Depadment and the landowner or water
purveyor. Test results not Ieceived by the Department within 10 buiiness days *"y not be used to preserve the operators
defense under 3218(d) lf the applicant ior a well permit does not conduct a pre-drilling or pre-alteration slrvey, you may wish
to
have such a survey done in order to support any future claims you may have that y:our water supply has been diminished or

polluted.

OBJECTION TO WELL PERMIT APPLICATION
When a well is located on a tract whose surface is owned by a person other than the well operator, the surface landowner has the
right to file obJsctions with the Department pursuant to Section 3212 on the following basis:
The information on the application is untrue in any material respect,

a)
b)

c)

d)

e)

The well is within 200 feet or, in the case of an unconventional gas well, 500 feet measured horizontally from the vertical well
bore from.any existing buiiding or eisting water well existing when the copy of the plat is mailed anj ihe owner thereof has
not given his writtea consent and the op€rator has not been granted a variance, Unconventional gas weljs may not be drilled
within 1,000 feet measured horizontally from the vertical well bore to any existjng water well, surfaie water.intake, reservojr or
other water supply extractjon point used by a water purveyor without the writtetconsent of the water puryeyor a:rd the cwner
thereof has not given his written consent and the operator has nol been granted a variance.
The well siteiswithin'lOOfeetor, in the case ofan unconventional well, 3OO feet from the vertical well bore or 100 feetfrom
the edge of the w€ll site, whichever is greater, measured horizontally frcm any solid blue lined stream, spring or body of water
as identified on the most current 7ll, minute topographic quadrangle map and the operator does not have a-waiver. ihe edge
of the disturbed area associated with any unconventional well site must maintain a joo-foot setback. No unconventional w!ll
may be drilled within 300 feet of anli wetiands greater than one acre in size, and the edge of the disturbed area of any well
site must maintain a 1O0-foot setback from the boundary of the wetlands, and the operatoi does not have a waiver, or
No well site may be prepared or welt ditted within any floodplain if the well site will have:
(i) a pit or impoundment containing drilling cuttings, flowback water, produced water or hazardous materials, chemicals or
wastes within the floodplain; or
(ii) a tank containing hazardous materials, chemicals, condensate, wastes, flowback or produced water within the floodway.
and the operator does not have a waiver. or
The well location violates Section 3215 of the Act.

Any objections and request for a conference must be filed within 15 days of receipt of the plat by the surface landowner and
contain the following information:

a)
b)
c)

The name, address and telephon€ number of the person submitting the objection;
The name of the well operalor, and the farm name and number of the proposed well; and
A statement of the basis for the objection and a request for a conference if a conference is being requested.
DEP Regional Offices
to contact:

Dept. of Environmental Protection
NW ReglonalOffice - Oil & cas Mgnt
230 Chestnut Street

Meadvi e, PA 163313481

Phone: 814-332-6860 Fax: 814-332-6121

-2-

Dept. of Envhonnental Prctection
SW RegionalOfrce- Oil& Cas Mgmt
400 Wated@nt Ddve
Pittsb u tg h,

Phone:

PA

1

5222-47 4 5

412-4424024

Fax: 412-442-4328

  4I2012 COMMONWEALTH OF 

 

 

 

 

 

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PROTECTION 5: 7 
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A   3 WELL LOCATION PLAT ONLY 

 

   

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Grace Ziem. M.D., 
Occupational and Environmental Health
16926 Eyler's Valley Road
Emmilsburg. MD 2l7Z7-9729
Phone 301-241--4346 Fax 301%"4343

Website: chemicaiinjuryhei
'Jolins Hopkins
"llanard

September 11. 2013

I am an occupational medicine physician with advanced training in toxicology in addition. to my
MD. degree, I have a Masters of Public Health lrom Johns Hopkins and a Masters of Science
and Doctor at Public Health from Harvard,

1 have been a consultant for numerous agencies. Including the World Health Organization, S.
Environmental Protection Agency. Federal OSHA, Maryland OSHA. Maryland Department of
the Environment and numerous other environmental ag to improve health protection or
the public.

 

 

I am an actively practicin clinician and have been treating Dorene Daugherty since March of
1998, She lives athin Tunkhannock. PA 18657. where she has lived for 37
years.

She has severe toxic encephalopathy. upper and lower reactive airway disease and Widespread
systemic inflammation which is very severely exacerbated by even modest amounts of irritants.
pollutants and airborne particulates. Her health is in serious condition and she does not have
another nontoxic house where she could be relocated.

Thorn are many hazards associated with the proposed tracking operation to Ms
Daugherty and other: In her community.

The Southwestern Energy Company is planning tracking operations in the small valley where
Ms. Daugherty lives. This involves drilling clown 3.000 to 10.000 leet and then doing honzontal
drilling. The process involves injecting. with the use or an oil-based chemical mixture known as
drilling "mud." which can contain potent irritants such as hydrochloric acid, the use of scale
inhibitor which contains neurotoxic glycol compounds. corrosion inhibitor chemicals which
contain methanol highly neurotOXIc .

when the gas and chemical mixtures come back up from this high-pressure tracking process.
the gas can come out at extremely high pressures. such as 15.000 PSI. To reduce pressure.
pipes are otten used to vent into the air and these are often ignited from a one to two story

stack, lighting up the sky like daylight tor weeks. releasing carbon monoxide. particulate and

imtants.
Once the well is in production. water has to be kept out of the pipeline. involving the use or a

glycol separator process. This requires ethylene or another glycol to be stored on-site in tanks
that are not airtight but rather are vented into the valley.

Page 1 of 1

 

'

.e: Dorene DouEhertv
September tl, t1t3 '
Page 2 of 2

ill_li,l,jl:l?.]:,^q::=j*:1p_o;ltT-tgli.,,!h"ricar.mixure
contains the toxic chemicars as wer as a friction reducing

henzcna l^l'
a+h.,  t\^^-^^^
'o^a
well as carcinoqenic.

,

"rr

from the driilins process, which

;il;;:'fiJ;;il#J
"h";;;i
i"i"ii.i"*
iffi

"i,1il;;,;a;ffii&

".

"ponds,,which are often aerated causins
li:.?],:""!:*::1,T,*1",1:,:tE:1:l:js^"^:l:f_"lr
pio",a"i
._1,i,ar
f,f i,;X
sin".s h-fft6==r *
s-r
'.j.n"*d[Jj.l'
n'"dr*'ffi
-oouonerri;il;ih;;;l;;t,ffiffi;:,iiJl..,l
r" *
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ffi

';";;;;;;ffi"s';
up.onherdrinkingwaterquari[-ndGFElii6ii6EGFnJ;;;;;i;#fi
il;1i,ru::j:i,'j.1llg,l"^':*:llll131'gi1.a"o

il""":"..:'

;="##';,i"";

sources.

ln addition there is evaooratiol_gllheJe]a!.1_c_gam-poLircls
from this large surface area pond
withtoxic

y#H,::illtr?:1"n

rt is common to have approximatery 15oo
dieser truck trips per wer, with engines
idring, as
as the dieser from fracking pumps.

we'
oieset contains vu.y io-ri" o"n,"rr"t"
which arso tends to

hover in the valley.

Southwestem Energv has had 32 wells inspected
where a totat of 100 violations have
been
;#uct operations ttrat are safe
G the

foun4 cready demonstrating their lack of

*:"3":i#:,:::t"t"il[:lT":"

comG;i;

Protecrion has the risht ro not issue permit
a
because or their

ln addition, the csqb

lagg!_e4o
particulate',ozone and smoo produced
frackingprocessffiyqI(l9uldtg'u<ons-ang-9rnQgproducedbythe
rracKrng process. th. .uo.,,r."r,ffi*:*q#
by the
s,ye!,r yeoararor lanks, likelihood
-,,v q&coGeo;atorGrikilx"rino.ij'"i
.oJ
eventual conrr.ni,.,"ri.,#
contaminatioffi
of
"na

..,,^

rne communitv.) crearrc 2
other place which is safe for her to live

o,tn""i, in

It is my medicar opinion that if,rhis..permitting
is artowed for even 1 we', ret arone
probably pranned for this smat
the 4 to 5 wers
valr'ey, rt
Doughertv' Havins been her rrearinj.phvs;;";;;;;; " slrilus tite+hreatening risk to Ms.
- , -- -' ' .uriou"ry doubr she can survive
this fracking process so close to he;

*",iJ*"ri"

ho;s".

The above is within reasonable medical
certainty.
Slpegrely,

q,2,
). ,/t

pac{pth,

L*r,- rue
M D., MpH, Dr pH

i#"]r

 pennsylvania
DEPARTMENT OF ENVIRONMENTAL PROTECTION

NORTHWEST REGIONAL OFFICE
October

Re:

l,

2013

Co.

SWN Production
Dziubak Benjamin 2H
Eaton Township, Wyoming County
.

Dear Dr. Ziem:
The Pennsylvania Department ofEnvironmental Protection (Department) is in receipt ofyodr letter
objecting to the issuance of permits for the above referenced application(s). Any noiificaiions received
from the operator in regards to this permit are a requirement ofthe cil and Gas Act, Sec. 601.201.

"(a) No person shall drill .a well...without having first obtained a well permit
pursuant to subsections... (b)"

"(b)...The applicant shall forward, by certified mail, a copy of said plat to the
surface landowner, all surface landowners or water purveyors whose water supplies
are within I ,000 feet of the proposed well location, and shall submit proof of such
notification with the well permit application.. .With respect to surface landowners or
water purveyors whose water supplies are within 1,000 feet of the proposed well
location, notification shall be made on forms and in a manner prescribed by the
department sufficient tb identifo, for such persons, the rights afforded them under
section 208 and the advisability of taking their own predrilling or prealterarion
survey."

To date this office has not received the above referenced application(s). When submined to this office for
review, you will b€ contacted regarding the specifics of your objection. The Department issues drilling
permits$ased on the Oil and Gas Act and reviews the applications for accuracy ;nd completeness. The
drilling permit does not convey any property rights. Once issued, the drilling permit is valid ior one year. If
you have any questions conceming this matter, please contact this office at the telephone number below.
Sincerely,

.,'

.)

,'/'J'-Renee Lee

Administrative Support
Oil and Gas Management

g14.332.o860   Fax 814.332.6120

230 chestnut street I Meadville'

PA

16335

www.depweb,siate,pa. us

 pennsylvania
DEPARTMENT OF ENVIRONMENTAL PROTECTION

NORTHWEST REGIONAL OFFICE
October I, 2013

Re:

SWN Production Co.
Dziubak Benjamin 2H
Eaton Township, Wyoming CountY

Dear Ms. Dougherry:
letter
The Pennsylvania Department of Environmental Protection (Department) is in receipt ofyour
received
notifications
Any
application(s).
above
referenced
the
objecting to the issuance of permits for
-201.
Act,
Sec.
601
and
Gas
the
Oil
fr6m the-operator in regards to this permit are a requirement of

"(a) No person shall drill a well.,.without having first obtained a well

permit

pursuant to subsections...(b)"

"(b)...The applicant shall forward, by certified mail, a copy of said plat to -the
suJace landowner, all surface landowners or $tater puweyors whose water supplies
are within 1,000 feet of the proposed well location, and shall submit proof of such
notification with the well permit application...with resPect to surface landowners or
water puweyon whose water supplies are within 1,000 feet of the proposed well
location, notification shall be made on forms and in a manner prescribed by the
department sufficient to identifu, for such penons, the rights afforded them under
section 208 and the advisability of taking thsir own predrilling or prealteration
survey."

To date this office has not received 0re above referenc.ed application(s). Wlen submifted to this office for
review, you will be contacted regarding the specifics of your objection. The Department issues drilling
p"trits 6aseA on the Oil and Gas Act and reviews the applications for accuracy and completeness. The
irilling permit does not convey any property rights. Once issued, the drilling permit is valid for one year' If
you hive any questions conceming this mafter, please coirtact this office at the telephone number below.
Sincerely,

./'

-....,-.-

-1J.,-----=-Renee Lee

Administrative Support
Oil and Gas Management

230 Chestnut Street I Meadville, PA r6335
814.332.6860   Fax 8!4.332.6120

.-:',, ,

-.

i rtir i . ,, .t...

J

,. : .::,

www.dep!ryeb.state.Pa.us

 sag .
 In, pen sylva ma
 DEPARTMENT OF ENVIRONMENTAL PROTECTION
NORTHWEST REGIONAL OFFICE

November 15, 2013

Ms. Doreen Di wieny
tIn annoc 8657
Re: Joint Public Comment
Southwestern Eneigy Production Company
DZiuba Benjamin 2H Unconventional Well

Authorization ID 997497, API No. 131720371
Eaton Township, Wyoming County

Dear Ms. Daugherty:

The Department of Environmental Protection (Department) recei\ ed your letter
regarding the proposed Southwestern Energy Production Company's (Southwestern)
unconventional well. The application to drill the well was received by the Department on
October 2013. Title 25*Chapters 78.21 and 78.22 of the PA Code allow for valid objections
from the surface landowner of the tract on which the proposed well is located and the owners or
operators or coal mining activities in the area

State law and regulations require that proper erosion and sedimentation measures be in place for
any earth disturbance. This should protect any watercourse in the drainage area. Also,
regulations are in place for the protection of fresh groundwater through specific drilling, casing
and cementing standards. Remedies are mandated in the off chance a water supply is affected by
the drilling of an oil or gas well. Inspections are conducted by Department personnel to
administer, implement. enforce and determine compliance with state laws and regulations that
apply to activities associated with oil and gas operations.

The Department issues drilling permits on the basis of 2012 Oil and Gas Act (58 
??3201-3274) and the various laws and regulations promulgated thereunder. This being the
case, the Depanment is obligated to issue permits for applications to drill wells that meet all of

the requirements and limitations of the 20 [2 Oil and Gas Act and applicable laws and
regulations,

Bureau personnel conduct permit reviews according to established procedures that are based on
satisfying the requirements of the 2012 Oil and Gas Act and applicable laws and regulations. If
the proposed well meets spacing requirements, the application appears true in all material

respects and the application received from Southwestern meets all criteria for lawful issuance of

the drilling permit. the Department must issue the permit within 45 days. The permit is valid for
1 year from date of issuance.

230 Chestnut street PA 15335

6143326860 Fax "4.332 6120 

 

Ms. Doreen Dougherty

-)-

November 15, 2013

The Department has developed a fact sheet for home owners interested in having their water
supplies tested when oil and gas activity is proposed in their area. Enclosed is the Department's
fact sheet covering recommended basic oil & gas pre-drill pifameters for your review.

We will keep your letter on file. Department personnel will be made aware of your concerns and
monitor drilling activities accordingly. If you have any further questions or concems, do not
hesitate to write or call.
Sincerelv.

a^/M*

Aaron O'Hara
Licensed Professional Geologist
Northwest District Oil and Gas Offrce
District Oil and Gas Operations
Enclosure

cc:

Southwestem Energy Production Company
Grace Zem, M.D., MPH, Dr. PH

Alex Lotorto
Brian Babb - PADEP
Stephen Watson - PADEP Scranton District Office
Matt Shope - PADEP Scranton District Office
File
AOH:lsl

'e'l&,

r.ffi

 sEflco
ease San mm; 
suite i25

PluducUOfl Company" now. rem 77032
(xxn

November 25, 2013

Doreen Dougherty

Tunkhannock, PA 15657

RE: Dzluba Benjamin 2H
Eaton Township, Wyoming County

Dear Ms. Daugherty,

We are in receipt of yourJoint Public Comment dated September 11, 2013 regarding your concerns of
Southwestern Energy production Company (SWN) drilling the above referenced well. would like to
reassure you that we are committed to protecting the environment in which we operate while also complying
with all applicable regulations regarding our oil and gas operations.

Regarding the drilling of the Dliuba Benjamin ZH well, let me advise you of our standard operating procedure
which includes testing of all fresh water sources within 2500' of a proposed well site. This allows SWN to
establish a water quality baseline in the area where the well is being drilled. Your property is approximately
3000' from the referenced well, or 500' outside the normal ore-testing radius, However, in an effort to provide
you additional information and alleviate some of your concerns, SWN is offering you a complimentary test
and analysis of your water supply prior to the start of any drilling activity. A representative from our local
office in Tunkhannock will provide to you additional information on this testing, which will be conducted by a
state certified independent third party. We look forward to discussing the results of that test with you when
the results are available. If, at the time we begin drilling operations, you still feel apprehensive about your
drinking water, SWN would be willing to arrange complimentary bottled water for consumptive use until our
drilling operations are completed.

SWN is committed to developing our nation's natural gas resources, our national treasure, in a safe and
environmentally sound manner, and we are also committed to working with the communities in which we
operate to increase the knowledge and comfort of the public about our operations. I believe you will find our
local employees to be extremely courteous and very helpful to you during this process One of our employees
will be in contact with you shortly to coordinate the testing In the intervening time, should you have any
questions, please feel free to contact one of our representatives in the Tunkhannock office at (570) 996-4200.

Sincerely,

b/eflw ill .14.

John Nicholas
General Manager, Appalachia Division Eave'.' 

A


we 
Wme-M',

Grace Zienr,

1Y'

.D., NIPH*, Dr. P.H.**

Occupational and Environmental Health
i 6926 Eyler's Valley Roird
Emmitsburg, r\lD 2l'127 -9729
Phone 301-241-4346 Fax 301-241-4348
Websile : chemicalinjury. net
'Johns Hopkins
*r

Hrrvatd

January 2,2014

irlrst saw Doiene Dougheriy as a patient in 1998. Hfier i reiocaieci my office io

a

nontoxic location near Emmitsburg, Maryland, I began to see her again beginning in
March 2007. By that time, she had developed very severe upper and lower reactive
airway disease, toxic encephalopathy, and widespread systemic inflammation
secondary to life-long exposure to frequent pesticide and herbicide applications around
her by the agribusiness operation known as Select Sires.
By that time, she was probably the most severely affected chemically injured patient
had ever seen in my now 46 years of medical practice specializing in the care of
patients with chronic illness from toxic exposure. She had and continues to have
extreme neurotoxicity which does and did also involve neural intolerance to
electromagnetic exposure of more than very minimal degree.

I

Every time she has attempted to obtain any follow-up care by leaving her home, she
has had severe respiratory, neurologic and systemic exacerbation as well as extreme,
long persisting systemic pain of excruciating degree. Literally every motion, such as
getting out of a chair, using the bathroom in her home, getting dressed and virtually all
activities of daily living cause severe pain.
Her neurologic testing (using U.S government recommended methods for neurotoxicity
evaluation) has documenied balance impairment, extreme weakness by dynamometry,
iiemor, abnormal cerebeilum function, severe iniolerance to even touch such thai she
cannot be lifted or assisted without severe pain. Her combined inflammation and
impaired energy metabolism results in difficulty with normal speed of brain function,
which was documented on neurocognitive testing.

Thus, because of the severe and excruciating pain from inflammation and pain
exacerbation lrom EMF as well as respiratory and systemic inflammation from exposure
to ambient irritants, she is unable to go to a hearing in Harrisburg, Pennsylvania. Her
extreme EMF intolerance makes her unable to utilize videoconferencing technology but
she is able to use a corded phone, needing to use a speakerphone sitting as far from it
as possible to reduce EMF exposure. I realize the defendants desire to see her, but this
Page L of 2

 Re: Dorene Douphertv

January 2,201,rPage 2 of 2

patient has such severe neurologic exacerbation with increase in EMF in her living or
other environments that this videoconferencing exprsure in her case would cause
neurologic harm to her brain and nervous system. She is an honest patieni and I have
found that she does not exaggerate her actual physical condition or needs.
She is also unable to rapidly prepare for the hearing because of her extreme fatigue,
extreme excruciating pain in doing functions of daily living, and her slower cognrtive
function which requires significant effort in preparation which is time consuming for her
way beyond whatcan be imagined by healthy persons who are not familiar with
someone in this severb state of debility.
I regret any inconvenience for the defendants, but it is my ethical responsibility to
protect her iife and she is so severeiy inrpaired that ti'le defendant's request could be
life-threatening. The time pressure makes it impossible for her to prepare herself and
thus she cannot accurately respond to questions, which would appear to compromise
her legal rights.

The above is within reasonable medical certainty with knowledge available to me.
Sincerely,
IJ?/ 'Y\-/

ftu"-'/,u

/A-Q.

,

a1

Ps\

Grace Ziem, M.D., MPH, Dr.PH

Cc Todd O'Malley Fax# 570-344-6199

'

DrPt-{

 ol
ATT\".IOIIN M. I.IAI{T. III
Thc Larv Olficc

January 8, 2013
Dear: Ms. Doreen Dougherty,

Unfortunately, we were unsuccessfitl with your supersedeas petition and the Environmental Hearing Board has
denied it- A copy ofthe opinion ii enclosed. At this point in time, I regret to inform you that based on monetary
constrainh, I am unable to continue representing you with regards to this matter. In order to continue with an
appeal, several experts would need to be retained including experts on your health issues, the drilling process,
air
pollution, temperature inversion, and several other experts to support your claims, which would cost an exorbitant
amount ofmoney.
The likelihood ofthe granting

ofa

the course ofthe past few weeks I

supersedeas was not high, as I had informed you before. The costs incurred over

will handle.

That being said, should your conditions worsen after the permitee commences drilling operations, please do not to
hesitate to contact me immediately, as there may be other legal courses ofaction to pusue at that point in time.
I am pleased to have had the opportunity to represent you on this matter. I regret that I could not continue to
represent you.

Ifyou have any questions, comments or criticisms about our case, or my representation ofyou,
and I will be happy to sit down and discuss the matter with you.

plea:ie contact me

Very truly yours,

lhe O'ivltllcy & Lang.rn tJlde. 201 Fmnklin /\ve. Scranron. lrA

n (570) .'ilJ.26(17 c (5;0) f)lq-l

1..,\\,

c

lltj0j

r\[{.rncvl-laniilrnrxil.conr

 of
A]'TY. JOHN M. FIAR'I. IIt
The Larv Olfice

January

10, 2014

Dear Ms. Doreen Dougherty,
Enclosed, please find a copy ofan email sent to me from opposing counsel, Steve Silverman regarding their
thoughts on the remaining appeal. Also, enclosed is a copy of a case (Rober t Krrqlwasser y. Commomvealrh

of

Pennsy,lvania) refened to in Mr. Silverman's email.

Should you have any questions please feel free to contact me.
Sincerely,

John M. Hart,

'lhc O'N,lallc) & l.ungan
uldg. 20t li.anllin /\!c. Scrdnton- pr\ lll50j
(570)
\\
341-26r)7 c (570)68(rII_^\,
c

.. ; ,::.

.,,

Alro.0$1lu!llg!.uiLro!

IIl,

Esq.

 John:

As we discussed very briefly on Friday, now that the supersedeas has been
denied, we strongly urge Ms Dougherty to dismiss her rimaining appeal,
rather than proceed on the merits ofthe case. The issues your clGni iaised on
appeal are simply meritless.
As you have repeatedly told me, the lynchpin of Ms. Dougherty's case is
that the permit should have been denied because of her fragile irealth.
However, the law is quite clear that Ms. Dougherty's medical condition does
not serve as a legitimate basis for denying our client a drilling permit. This
was made clear in a 1986 EFIB decision called Kwalwasser v. Dept. of
Envtl. Resourceq 1986 EIIB 24. (I have attached a copy for your reference.)
That case is exactly on point as to the health issues you raise.

ln Kwalwasser, the Board held that the Department "did not err in failing to
consider Appellant's special health problems," in a case in which a thirdparty landowner appealed a surface mining permit issued by the Department
pursuant to the Surface Mining Conservation and Reclamation Act and the
Clean Streams Law. The appellant in Kwalwasser was a landowner that
suffered from a chest wound and myocardial infarctions in connection with
prior military service. He believed that dust and dirt from mining operations
would potentially aggravate his medical problems and force him to live
indoors. Kwalwasser argued that the Department should have considered
his special health problems when deciding whether to issue the mining
permit. In rejecting that argument, the Board held that..it would be
unreasonably impractical to require [the Department] to ascertain whether
there are any persons in the vicinity [ofthe proposed activity] who have
special health problems needing special protection, for every mining permit
application under review." In addition, the Board found that pennsylvania
environmental statutes and regulations "have been promulgated . . . with the
intent of striking a reasonable balance between the Commonwealth's
legitimate government functions of protecting the health of its citizens and
permitting responsible harvesting of its resources." As a result, the Board
believed that the Department could be "exceeding its enforcement role" if it
rejected an otherwise acceptable application because ofone individual's
special health concems. The Board supported its conclusion by pointing to
"well-established principles pertaining to the law of nuisance,'; which required an action to be a material interference with the life and enjoyment
-Board
of a person of "ordinary sensibility" to qualifo as a nuisance. The

 concluded that, by analogy to the law ofnuisance, the Department's
statutory mandate to protect the public against threats to its health, safety
and welfare "should not be construed to require
[the Department] to do more
than protect against unreasonable interferences with these public
interests. The fact that a particular individual may be adversely affected by
a mine operation due to a health condition which makes him more sensitive
than the general public does not mean that the mine operation is
'unreasonable"'. The Board ultimately held that the Department's failure to
consider Kwalwasser's special health problems was not an abuse of
discretion. Accordingly, your client's medical issues cannot serve as a basis
for denying Southwestern's drilling permit.

Likewise, the claim that the value of your client's home will decrease is
equally specious. Your client has no standing to bring such a claim since (as
a life tenant) she does not even own her home.
Nearly all of Ms. Dougherty's claims (including the two above) are based on
purely hypothetical future events. Should your client choose to pursue these
claims, she will be required to present more than just unsupportid
allegations based purely on speculation. In fact, many of her claims will
require Ms. Dougherly to retain several experts to even have a hope of
supporting them. For instance, at a minimum you would be required to offer
expert testimony on her health claim, the drilling process, her air pollution
claim, the temperature inversion issue, and the endangered speciei issue she
raises. we obviously will move to strike those issues for which vou do not
offer expert testimony.
Lastly, Ms. Dougherty raised several appeal issues where she seeks to
substitute herjudgment for that ofthe DEp (such as the "bad actor" issue
and the endangered species issue). Such an approach is simply not legally
cognizable.
Notwithstanding the insurmountable legal hurdles your client faces, the
procedural obstacles your client insists on are equally problematic for her.
Should the case continue, I have been instructed to conduct significant
discovery, much of which will be centered on your client direitly. Not only
will all of the parties incur significant legal fees, but this will require a "
significant investment of time and personal attention from your client. to
date, you have requested that Ms. Dougherty be allowed to participate at
both her deposition and the supersedeas hearing merely by telephone. yet

 you simultaneously have offered a letter from her treating physician
claiming that she cannot testifu for periods of time withouf possibly
endangering her health. on one hand Ms. Dougherty wantslo shuidown
what will likely be a multi-million dollar operation, but on the other she is
unwilling or unable to participate in the legal process sufficiently to allow
my client to adequately defend itself. your client simply cannotiave it both
ways. Southwestem has the right to require Ms. Dougherty to either appear
in court or make some other arrangement (such as testifying by a vid#
conference link) that allows both those she is accusing analhe
luage to
evaluate her credibility by looking her in the eye. Theiefore, shouli
Ms.
Dougherty insist on pursuing her claims, we intend to strenuously object to
any attempt by her to testifu at either her deposition or at trial tellphonically.

Accordingly, we strongly ask that Ms. Dougherty consider voluntarily
dismissing her appeal. Please let me know her decision as soon as possible,
af we are prepared to serve extensive written discovery on your client
shortly ifthe case is to proceed.
Thank you,
Steve

 ol
AT'IY. JOFIN M. HART, III
The Larv Office

February

2{,2014

Re: Notice to Withdraw Appeal

Dear Dorene:
Enclosed you will find the Judge's Order marking the appeal closed and discontinued. This will
end all representation regarding your appeal to the DEP's issuance ofa permit to Southwestem
Energy.

This does not preclude you from filing future actions against Southwestem as I have stated to
you before. Should you experience any signs of future injury whether it be new symptoms or
aggravation of pre-existing injuries, please notify me, or any other attomey ofyour choosing.
It's important to document any and all things that may happen to you with regards to the well
site. Keep records/logs of any form of contact any drillers might have with you, and record any
issues you may have relating to your health or even concerns.

It has been a pleasure representing you, and please feel free to call me should you have any
future questions or thoughts, or comments.
Yours truly,

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Representative Karen Boback
608 Hunter Highway
Tunkhannock, PA 18557
Dear Representative Boback,

I am writing in regard to my most urgent and serious situation as
Tunkhannock.

I

reside in

My physician, Energy lustice Network, and I filed a joint public comment in response to
swN's proposed plan to develop natural gas sites very near my home in the river valley of
Eaton Township.

The DEP was made aware that such activity involved in hydraulic fracturing would likely
be fatal to me due to my disabilities. Also, the public comment brought forth ihe fact that
swN had extensive violations. Actually of thirty wells inspected they-had one hund;ed
violations.
The lame response from DEp was a letter stating they would keep my physician,s letter
on fil€ and that they must issue drilling permits within forty-five days of 'receipt of
application based on 2012 Oil and Gas Act if all requirements are met (mining
sedimentation etc.), swN sent me a letter with an offer to do a complemenGry water test
of my private well, and suppry me with comprimentary drinking watei wnite ine'v weie
drillino. Imagine, there is no mention to the threat to my life! Also ti,eyireJTinnfrg to
apply for another permit near me,
The DEP's action was inexcusably irresponsible, I am being recklessly endangered
by
their issuance of this permit. I have extenuating circumstances. why was there-no
investigation upon receipt of the joint public comment that included my physician,i letter?

.. Enilsy lustice Network pre-pared a petition on my beharf for a supersedes and appear of
the well permit to be heard before the Environmentai Hearing Board. rn" juogl
Ll6o
against me without giving me the opportunity of a hearing.
.. Though I qualify for pro bono regar counser because ss disabirity is my onry income,
there is a need for additionar funds because of the work road, time tonstr'ainisl
unJ6," n""a
for expert witnesses. The DEp has received g3650 from swN to issue
p"imii. o" tn"
tnl
other hand I am reft without access to the justice system because t tact
the necesiary
finances to defend myself.
I am currently on the independence waver which alows me to stay in
the community
while receiving care with my activities of dairy riving. I inherited
a rire
on i't i,
prop:rty, A home my parents buirt where I hive ririd since I was a chird.
"stit"
t
am reilonsiute
for all taxes, insurances, and repairs; the same as any home owner.
Nationafly there is an
extreme shortage for housing.to.accom modate my disabirities. t
nave no irit"!r" pi"." t.
flee from the dangers of a welt site being buitt 3.ObO feei from my
nome. It;;;;";;"o*
that I will have to reave the state of een-nsyrvanL to flnd a safe prace to
rive. This is arso
cost forbidding' Not onrv am I being pushed out of my onry h"ri",
u"il
*iir'ror"-rf .uru
givers if I.leave Pennsyrvania. I have done research
on home and communrty bisei
services throughout iir€ united states. I wir not receive the
same u"n"riti in'uny o-ti.''u,.
state' I am too severery disabred to be homeress. My physician states
that snett'ers, moters,
and nursing facilities are a death sentence due to the iature of
my disabiljties.

 of Act 13, my rights to clean air and water are protected. The
^ with the overturning
constitution
of Pennsylvania Article r section I, 'All men are born equatry rree anJ
independent, and have inherent and infeasible rights, among which are tnose or enjoyinq
and dqfendino.life and tiberty, of acquiring, possisslng and
irotecilnj p.-frEiia-'reputation and of pursuing their own happiness."
My father was a wwII veteran; a sergeant in the European Theater. He arready
defended my life and liberty and that of every American.

I am merely asking to be out of harms. way. What can you do to help me?
Enclosed, please find copies of my physician's letters (given with her permission).
^Slncerely

yours,

N*-*kllrjv
N"u*
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cc,

State Representative Tina Pickett
State Senator Lisa Baker
State Attomey General Kathleen Kane
State Audltor General Eugene Depasquale
Secretary Department of Health Michael Wolf

  

cuMMonmw 0F JAM-1

OFFICE OF ATTORNEY GENERAL
KATHLEEN KANE 7
ATTORNEY GENERAL Janan 40. .014

OF SERVICES
15'" Floor. Strawberry Square

Harrisburg. PA 17120

717-705-6939

Dorene Douihea

Turtkhannock, PA 18657

RE: Department of Environmental Protection Issue

Dear: Ms. Daugherty.

have reviewed your recent correspondence to this office concerning your issues
with the Department of Environmental Protection. Although this office has
an Environmental Crimes Section, that section only hasjurisdiction over environmental
issues referred by the Department of Environmental Protection (DEP) for
criminal prosecution. DEP is the agency with oversight authority over most
environmental issues in the Commonwealth. If you are unable to resolve the matter with

DEP, you may want to contact the Governor's Office at 717-787-2500. DEF is under the
Governor' jurisdiction.

0n behalfof Attorney General Kane, thank you for contacting this office, If you
have any questions, please contact me at the number listed above

 

Director of Constituent Services

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