There have been some important developments in the Antrim gas development lawsuit since the last issue of The Riverwatch. (See "Antrim Playgrounds," The Riverwatch No. 19, December 1994.)
The well spacing hearings ordered by the court last June have been ongoing before the Supervisor of Wells. Hearings were held on November 7, 8, and 14, 1994 and January 17, 18, and February 14, 1995. Substantial testimony and documentary evidence has been introduced in support of a twenty-two county well spacing order that would increase the present density standard (forty acres per well) to at least a standard of eighty acres per well and possibly to 160 acres per well.
Of the many witnesses who have testified, only two small industry representatives have favored a continuation of a forty-acre spacing. There is substantial support for the Michigan Oil and Gas Association (MOGA) concept of Antrim development areas (ADAs) - projects that would be developed on variable spacing between eighty and 160 acres depending upon operator discretion, topography, and other natural features. Interestingly, some of the heaviest hitters have come out in favor of flat 160-acre spacing coupled with an opportunity to apply for an eighty-acre infill exception; Amoco, Shell, and the Michigan Public Service Commission have all testified in favor of such plans.
Unfortunately, because of the high interest in these proceedings and the number of participants, they will take longer to complete than anticipated.
MOGA plans rebuttal testimony as do the lawsuit plaintiffs (Michigan Environmental Trust Limited, Anglers of the Au Sable, and the Michigan Council of Trout Unlimited). At press time, cross examination of the rebuttal witnesses had not taken place and, until it does, the record of the spacing hearings will not be closed. Until that record is complete, the Supervisor will be unable to make his ruling; the decision is thus unlikely before April at the earliest.
Another important development was the installation in late November of two parallel pipeline crossings of the Upper Manistee River. ANR Pipeline Company asked the DNR to approve the installation of two large gas transmission lines by trenching the Manistee River stream bed rather than boring beneath it as required by the injunction issued last June by the Ingham County Circuit Court. The terms of the injunction require that the plaintiffs receive ten days notice within which to oppose such a motion.
Demonstrating a spirit of cooperation and environmental sensitivity which has been all too rare in the past, ANR Pipeline Company proposed an extensive restoration, wildlife enhancement, and a long-term management for the site of the crossing.
The plaintiff's soils and materials engineering experts, in turn, reviewed the pros and cons of the pipeline crossing and installation project and determined that trenching, under the unique circumstances present at this particular crossing site, was environmentally more blameless than the alternative of boring under the river. Accordingly, the ten-day notice period was waived, the permit issued, and the installation was completed in a matter of days (as opposed to a much longer period of disturbance that would have resulted from boring).
As part of its plan, ANR has created (and will maintain for a period of two years) five sand traps downstream from the new crossing. Extensive additional shoreline and upland remediation, wildlife enhancement, and aesthetic improvements are also integral parts of their plan.
RWOL
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