New York Laws
Article 13 - General Provisions
13.31*2 - Oil and Gas Drilling in Allegany State Park.

(a) proof satisfactory to the office of the applicant's legal right to
recover oil or gas resources beneath state owned land, including copies
of title reports and, where applicable, leases with title holders, and a
boundary survey completed by a licensed surveyor of the affected area;
(b) a map identifying the proposed location of each oil or gas well
for which an application for a drilling permit has been submitted to the
department of environmental conservation;
(c) a general description of the proposed oil or gas exploration and
production activities;
(d) identification of the amount of water needed and its sources;
(e) a detailed description of all surface disturbance associated with
the proposed exploration and production of oil or gas, including but not
limited to the location and specifications of all roads proposed to be

constructed, all proposed well drilling locations, and the location and
amount of proposed tree and vegetation removal, and the methods to be
used in such activities;
(f) a description of how produced oil or gas will be transported out
of the park, including a detailed description of the construction and
location of all proposed transmission lines;
(g) an estimate of the amount of waste products by type expected to
result from construction, exploration and production and a description
of how such waste will be handled and disposed of;
(h) a description of the methods to be used to control stormwater flow
and erosion;
(i) distances from streams of proposed work, identification of
affected streams and methods of stream crossings, if any;
(j) estimated number, species and diameter of trees to be removed and
method of removal;
(k) a detailed description and timeline of steps that will be taken to
reclaim the affected surface area and restore it to its previous natural
condition once drilling and production activities have ceased. Such
description shall describe interim restoration activities that shall
occur immediately after each well has been drilled and any associated
transmission lines have been installed, as well as final restoration
activities that shall occur after production has ceased;
(l) a comprehensive inventory of plant and animal species, ecological
communities, wetlands, and surface streams within the area, as
determined by the office, that may be affected by proposed drilling
locations, road construction, transmission lines, and any other
activities associated with proposed exploration and production
activities, and an analysis of the potential adverse impacts on such
species, ecological communities, wetlands, and surface streams; and
(m) a description of historic, archeological and cultural resources
potentially affected by proposed exploration, production, road building,
and transmission lines.
3. Surface access permit conditions. Any surface access permit granted
by the office pursuant to this section shall include the following terms
and conditions:
(a) The office may limit the number of well sites, the location of
well sites, and the amount of cleared area associated with each well
site in order to mitigate adverse impacts to natural, ecological,
scenic, and recreational resources.
(b) No liquid or solid wastes shall be collected or stored in open
pits nor disposed of or released within the park.
(c) The office may limit the construction and the location of access
roads in order to mitigate adverse impacts to natural, ecological,
scenic, and recreational resources. All new roads shall be designed to
the minimum possible width and shall be constructed to avoid or minimize
the potential for erosion and other adverse impacts. All trees cut or
removed as part of road construction and well site clearing activities
shall remain the property of the office.
(d) In order to protect the health and safety of park visitors and
employees and to minimize adverse impacts on public recreational uses of
the park, the office may restrict the seasons that the permittee may
undertake road construction, well drilling, and associated activities on
state owned lands. The office may also designate the park roads the
permittee shall use for vehicle access into and through the park, and
may restrict seasons or times that the permittee may exercise vehicle
access on park roads open to the public.
(e) The permit shall include such conditions on the management of
forest resources, and construction and maintenance of access roads, well

sites and transmission lines, as the office deems necessary to protect
park resources.
(f) The permittee shall be required to establish and maintain a fund
sufficient to reimburse the office for the costs of an on-site monitor,
who shall be hired by and report to the office, who shall be physically
present during all land clearing, road construction, well drilling,
installation and maintenance of transmission lines, well maintenance,
well closure, and restoration activities undertaken by the permittee to
assure compliance with all required permits and applicable state and
federal laws and regulations.
(g) The permittee shall be required to establish and maintain a fund
sufficient to reimburse the office for the costs of consultants retained
by the office to conduct:
(1) sampling of groundwater, surface water, wetlands, and soil;
(2) monitoring to detect any adverse impacts to sensitive species of
plants and animals and ecological communities; and
(3) inspections to detect any non-native invasive plant or animal
species that are introduced into the park as a result of the permittee's
activities.
The office shall determine the areas to be subject to such sampling,
monitoring, and inspections, which shall be undertaken annually, or more
frequently if determined appropriate by the office, until the permittee
has concluded oil and gas exploration and production activities and
completed the restoration requirements established in paragraph (i) of
this subdivision.
(h) The permittee shall be required at its expense to take corrective
actions to eliminate any adverse impacts resulting from the permitted
activity to the park's roads, facilities and infrastructure, or to the
park's groundwater, surface water, wetlands, soil, natural resources,
plant and animal species and ecological communities.
(i) The permittee shall be required to obtain financial security in an
amount sufficient to restore to their previous natural condition all
areas affected by the permittee's ground disturbance, clearing,
drilling, road construction, and installation of transmission lines,
after oil and gas exploration, drilling, and production activities have
concluded. Restoration shall include but not be limited to a requirement
that the permittee remove and reforest all roads and cleared areas.
(j) The permit shall include requirements for the amount and type or
types of insurance to be procured and maintained by the permittee.
(k) The office shall include any additional permit conditions it deems
necessary to avoid or minimize impacts on the park's recreational,
scenic and natural resources and to protect the health and safety of
park visitors and employees.
4. Other requirements. The requirements of this section shall be in
addition to, and shall not replace or affect, any other requirements for
the exercise of oil and gas drilling rights, including but not limited
to requirements set forth in article twenty-three of the environmental
conservation law or other applicable state or federal laws, permits,
orders, or regulations. Nothing in this section shall affect or
supersede the application of article seven of the public service law to
the siting of a major utility transmission facility as defined therein.
5. Environmental review. The office will serve as lead agency for
review pursuant to article eight of the environmental conservation law
for all actions involving exploration and production of
privately-controlled oil and gas resources beneath state owned lands
within Allegany state park, including applications for a permit pursuant
to this section. In conducting such review, the office shall evaluate
all potential impacts of proposed well drilling, road construction,

clearing of vegetation, and other related activities in terms of
consistency with the agency's mission as set forth in section 3.02 of
this chapter.
6. Enforcement. Any violation of a term or condition of a surface
access permit granted pursuant to this section shall be grounds for
revocation thereof. In addition, any party acting in violation of such a
permit, and any party engaging in oil or gas exploration, drilling, or
production activity without having obtained a permit as required by this
section, shall be subject to injunction and liable for a civil penalty
of not more than ten thousand dollars for each day of such violation,
obtainable in an action brought by the attorney general upon referral by
the commissioner or on his or her own initiative.
7. Compensation of lost revenue. In the event that any spill or
release of oil, gas, or other substance produced or transported in
Allegany state park by, or on behalf of, any person receiving a permit
under this section results in the temporary closing of all or part of
Allegany state park, such person shall be liable to compensate the
office for any lost revenue or park user fees resulting from the
closure. Such compensation of lost revenue shall be in addition to any
other costs or penalties imposed under applicable laws, regulations, or
permit conditions.
8. Rules and regulations. The commissioner is authorized to adopt
rules and regulations necessary or desirable to effectuate the
provisions of this section.
* NB There are 2 § 13.31's