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January 4, 2013 Attn: Draft HVHF Regulations Comments New York State Department of Environmental Conservation 625 Broadway

Albany, NY 12233-6510 Dear Commissioner Martens, My comments are given under protest, as I am convinced that the issuance of the revised regulations by the DEC, without the prior publication of the final SGEIS on HVHF, is a severely flawed procedure. I reserve the right to comment on the draft regulations again after the final SGEIS has been issued. Notwithstanding this reservation, I offer the following comments on the pace of development of High Volume Hydrofracturing across New York State. The rdSGEIS states, Through its permitting process, the DEC will monitor the pace and concentration of development throughout the state to mitigate adverse impacts at the local and regional levels. The Department will consult with local jurisdictions, as well as applicants, to reconcile the timing of development with the needs of the communities. Where appropriate the DEC would impose specific construction windows within well construction permits in order to ensure that drilling activity and its cumulative adverse socioeconomic effects are not unduly concentrated in a specific geographic area. (Revised Draft SGEIS 2011Section 7.8, Pages 7-120/121) This is critical to avoid some of the most serious environmental and socioeconomic impacts of drilling and related activities. Unless the DEC ensures such activities are not overly concentrated in a specific geographic area, communities will be overwhelmed by a sudden influx of drilling and related activities such as pipelines and processing plants. The revised regulations do not provide DEC with the information necessary to implement this protection. The DECs permit procedure requires an application for one well at a time. There is no process established in the regulations; in the Proposed Environmental Assessment Form of the rdSGEIS; or in the Proposed Supplementary Permit Conditions for High-Volume Hydraulic Fracturing in the rdSGEIS, whereby DEC can obtain the information required to ensure cumulative adverse environmental and socioeconomic effects are not concentrated in one area. There is nothing in the regulations or the rdSGEIS to require owner/operators to provide any information on what additional wells or infrastructure are planned in the same timeframe as the individual well covered by a permit application. Further, there is no procedure for DEC to get information from other owner/operators planning wells in the same area at the same time, nor is there is any procedure to gather information on infrastructure, including pipelines, processing plants and compressor stations, that might be planned in the same time period. The DEC must build into its permitting process enough information-gathering to ensure the objectives of rdSGEIS section 7.8 are met, including clear requirements that owner/operators must provide:

A listing of all of a drillers planned wells within 25 miles of the permit application well for the next 2 years;

A listing of all planned access roads, water impoundments, gathering systems, pipelines, treatment plants, compression stations, laydown yards, man camps, etc. (whether or not owned/operated by the driller) in association with the planned wells. This should include copies of any application or submission to the Public Service Commission with regard to such infrastructure. A listing of any facilities that the owner/operator plans to own, operate or use in conjunction with other owner/operators within 25 miles of the permit application well.

The DEC should develop a procedure to assure that all owners/operators who plan to operate in the same or overlapping geographic areas provide enough information about their forward plans to enable implementation of the intent of Section 7.8 of the rdSGEIS. The DEC should also develop procedures for rejecting or requiring modification of plans to prevent adverse environmental or socioeconomic impacts. Yours truly,