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04/15/2006Twin wells decision appealedPetition approved without negotiated stipulationsGAYLORD — Several people independently appealed the state's decision to allow drilling of twin natural gas and oil wells in two northern Michigan counties. Kevin Sagasser, an environmental consultant from Gaylord, was one who filed a request for a rehearing of the twin well decision after state officials did not mandate many stipulations negotiated between opponents and industry leaders. The Michigan Oil and Gas Association filed a petition last year to put two wells within the required 80-acre spacing in Otsego and Montmorency counties. Minerals then could be collected simultaneously from the top and bottom layers of the Antrim Shale, often from the same well pad. MOGA officials argued that twin well technology allows for shorter production times and reduces the period of environmental exposure and surface use of facilities. Some local residents disagreed and filed for a contested case hearing soon after the proposal was made. Two hearings were held in Gaylord in August and September, when Sagasser was joined in opposition by Gaylord environmental attorney Susan Topp, as well as several property owners. The opponents eventually withdrew from the hearings after MOGA agreed to a series of stipulations that involve a citizen ad hoc committee, well placement rules, maintained pipeline infrastructure, mud pits, noise, soil conservation, air and water pollution. Sagasser said they withdrew from the hearings without presenting witnesses or evidence on the condition that the stipulations be written into the official order allowing twin wells. MOGA also asked for the stipulations to be a part of the order. However, twin wells were approved in February by Harold R. Fitch, assistant supervisor of wells for the state Department of Environmental Quality, without all the stipulations. He declined to comment Friday, he said, because of the pending appeal. "The stipulations should have been included in their entirety — verbatim," Sagasser said. Ray Barnhart, MOGA board member, said board members know of the pending appeal and subsequent suspension of the twin well order until the matter is resolved. "We're disappointed with it, but we are trying to work out some issues," he said. Legal briefs on the case must be filed by April 20 with state Administrative Law Judge Richard G. Lacasse in Lansing.
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