TO: FROM: SUBJECT: DATE:

Brad Field Jack Dahl Chris Miller Summary of David Eddy Complaint September 8, 2011

Town of Andover, Allegany County Complainant: Mr. David Eddy, 1366 Trapping Brook Road, Andover, NY 14806 Complaint filed April 24, 2009 INTRODUCTION Mr. Eddy reported several incidents of cloudy water from his water well with the first incident being on February 12, 2009. The DEC did not become aware of the cloudy water until April 24, 2009, which was shortly after the third incident. The cloudy water was verified at times by both the DEC and U.S. Energy, the operator of oil and gas wells in the area. Mr. Eddy reported that on one of the occasions he had gas in his water in addition to being cloudy. On another occasion he also reported oil in his water. Laboratory testing was done on several occasions but the testing did not detect any methane, ethane, or petroleum hydrocarbons. All testing results are attached. Mr. Eddy blamed his water problems on the drilling and hydraulic fracturing that was being done in the area by U.S. Energy. ANALYSIS When a well of any type is drilled into a rock aquifer, water in the aquifer that is near the well bore becomes cloudy due to rock being pulverized by the drilling bit. Once drilling stops and/or the aquifer section in the new well is sealed with cemented casing the disturbance of the water ends. However, if water flow within the aquifer moves the affected water rapidly toward a nearby water withdrawal well there is a possibility that water from the withdrawal well will temporarily become cloudy. The cloudiness will go away in time by natural filtering and/or by the slug of cloudy water moving past the withdrawal well. Such a disturbance of a rock aquifer is likely the case with the cloudiness of Mr. Eddys water. Mr. Eddy first reported cloudy water to US Energy on February 12, 2009, about two days after the aquifer was penetrated by a drilling bit during the drilling of the Joyce #27 well which was located approximately 350 feet away. The water cleared after being cloudy for only about seven days. The rapid disturbance of Eddys water well combined with the rapid recovery of the water indicates that water moves relatively quickly through the aquifer from which the Eddys draw their water. The Joyce #27 well was not fracked until April 28, 2009, more than two months after Eddys water became cloudy. Mr. Eddy reported a second incident of cloudy water to US Energy on February 20, 2009, about three days after the aquifer was penetrated by a drilling bit during the drilling of the Joyce #31 well which was located approximately 850 feet away. Attached is a water analysis of Eddys water for February 23, 2009 which indicates the presence of Coliform bacteria. The Joyce #31 well was not hydraulically fractured until April 21, 2009, two months after this second incident with Eddys water well.

Mr. Eddy reported a third incident with his water to US Energy on April 22, 2009. On April 24, 2009 the DEC was notified about the three incidents to that date. Up to that time the DEC had not been made aware of any problems with Eddys water well. Unlike the first two incidents, Mr. Eddy reported not only that his water was cloudy but that he also had gas in his water. As per an agreement with the Allegany County Health Department, the Health Department was given the opportunity to investigate the complaint prior to the DEC. The Health Department referred the complaint back to the DEC on April 28, 2009, so on April 30, 2009 the DEC conducted a visit. During this visit it was noted that Mr. Eddys water was cloudy and had a briney odor. No evidence was found of gas or oil in the water. As with the other incidents the cloudiness was only temporary, apparently clearing up by May 7, 2009 after several days of deliberate heavy water withdrawal. Water analyses taken on water samples taken May 11, 2009 and July 1, 2010 did not detect any methane, ethane, or petroleum hydrocarbons. The fourth incident was reported by Mr. Eddy on September 24, 2010. He reported that his water was cloudy and contained oil. Laboratory testing was done on water samples taken September 28, 2010 and October 4, 2010, but neither test detected any methane, ethane, or petroleum hydrocarbons. CONCLUSION Inspections confirmed that Mr. Eddys water supply was cloudy on different occasions, although several tests failed to detect the presence of any methane, ethane, or petroleum hydrocarbons. With the large amount of drilling activity in the vicinity at the time, it appears very likely that at least some of the water problems were caused by the drilling. However, also because of the high amount of drilling activity it is impossible to say with certainty which drilling activity or activities were responsible. At the present time Mr. Eddys water is normal, and the DEC is not aware of any more drilling activity planned for the area. If in the future additional drilling applications are received that are within 1,000 feet of the Eddy residence an assessment of potential impacts will be conducted to determine if any special permit conditions should be required.