April 2014 Ohio Gas & Oil Magazine - Southern Edition by Gannett NEO

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Table of Contents 5

Ohio U. Study Says Shale Impact ‘Huge’

ORANSCO to Monitor Ohio River for Spills

Capable of ‘Production’

Concern Expressed Over Waste Facility

Severance Tax has ‘Tortured History’

Farm Bureau Helps Answer Lease Questions

Mid-East Career and Technical Center Courses

Buckeye Career Center Offering Training

OOGA Honors Hall of Fame Inductees

OOGA Elects President

Cambridge Airport to Expand Runway

Sins of Commission

EQT has Life Saving Class for Students

Legal Ads One Step to Get Mineral Rights

Fracking ‘Scandal’ isn’t One in Small Town

The Mistakes People Make

Keeping A Windfall A Windfall

Energy Revolution Creates Career Opportunities

Miller’s Clothes for Gas/Oil Industry

Ohio Supreme Court Hears Sides in Drilling Case

PUBLISHERS Andrew S. Dix

Judie Perkowski / Dix Communications

G.C. Dix II

Laurie Huffman / Dix Communications

Ethan Vessels/Attorney

Cathryn Stanley / Dix Communications

Marc Kovac / Dix Capital Bureau

David Dix

EXECUTIVE EDITORS Ray Booth

Rob Todor

Judie Perkowski / Dix Communications

Lance White

Roger DiPaolo

Dan Davis / Dix Communications

REGIONAL EDITORS Cathryn Stanley

Bill Dannley/ Leasmap Ohio

Niki Wolfe

Judie Perkowski / Dix Communication

John Lowe / Dix Communications Kevin Begos / Associated Press

Judie Perkowski

Kimberly Lewis

Frank McClure / Attorney

Nikki V. Baker-Lude/ Heritage Financial

Marc Kovac / Dix Capital Bureau

Erica Peterson

ADVERTISING DIRECTORS Kim Brenning

OCTOBER 2012 • www.ohiogo.com

Peggy Murgatroyd

Jeff Kaplan

Rhonda Geer

Harry Newman

Janice Wyatt

Jeff Pezzano

COVERAGE AREA OTTAWA

MARION

WAYNE YNE

MORROW ORROW

KNOX

COSHOCTON

MADISON

LICKING FRANKLIN LIN

FAIRFIELD

PIKE

VINTON

‘Daily Jeff’ Reporter Earns Honor

NC’Town Chamber wants to Help Lead Boom

Shale-Abration Coming in May to Guernsey

Cyclical Oil Industry on Down Side Locally

Franklin Equipment Opens in NC’Town

No Opposition to Power Plant at Hearing

Colleges Partner to Offer New Energy Degree

Residents Should Know Location of Utilities

Land Leasing Surge In Wayne, Holmes has Quieted

State Okays Grant for CNG Study

Eastern Ohio Home Show & Upcoming Events

Buckeye Steps Program Expands

API Comments on Budget Bill

Excelsior Marking Expanding Contributions

Landowners can be Forced into Unitization

Highlights of 67th OOGA Conference

A Light at the End of the Pipeline

Rayco Gets Thumbs Up for Safety Grant Use

Village Says “Superloads” Causing Problems

CARROLL

HARRISON

BELMONT

MONROE

Cathryn Stanley / Dix Communications

Niki Wolfe / Dix Communications

Bobby Warren / Dix Communication

Kimberly Lewis / Dix Communication

Bobby Warren / Dix Communication

Marc Kovac / Dix Capital Bureau

Laurie Huffman / Dix Communications

Parker Perry / Dix Communications

David J. Wigham / Attorney

Judie Perkowski / Dix Communication

Bobby Warren / Dix Communication

WASHINGTON ATHENS

MEIGS JACKSON

COLUMBIANA

MORGAN

HOCKING

HLAND

Utica Safety Opens 3rd Location

GUERNSEY

NOBLE PERRY

PICKAWAY AY ROSS

MAHONING

STARK ST

HOLMES

ARE UNION DELAWARE

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Lisa Loos / Dix Communication

Quaker City (740) 679-2141 Zanesville (740) 455-2141 St. Clairsville (740) 695-2141 10214578 10025917

Judie Perkowski Dix Communications

• Property /land costs have been reported on the rise with and without ongoing shale activity, with 58 percent to 90 percent of respondents reporting moderate or significant increases. More than a third of respondents in counties with no activity report shale development has led to increases in property and land costs in their area. The highest percentage of respondents (90 percent) said shale development has increased housing rental costs (some doubled or even tripled). • Public Safety: Across all respondents, only a small percentage indicated crimes have increased due to shale development. Drug related, 12.4. percent; alcohol-related 13.3 percent; assaults, 6.2 percent; property theft, 11.2. percent and prostitution, 2.8 percent. • Counties with ongoing shale activity, the percentage of respondents indicating an increase in other retail activities ranged from 65;.7 percent (horizontal drilling) to 90.5 percent ( because of refinery development). In counties with no shale activity, 18.4 percent of respondents reported an increase in other retail activity due to shale development. Hotel construction: More than a quarter, 27.5 percent, of respondents reported there has been an increase in hotel construction due to shale activity. The majority of respondents (65.2 percent) indicated that no change has occurred in hotel construction. • Across all officials, only 35.6 percent indicated local tax revenues had increased due to shale activity. However, considerable differences were seen between the types of local officials. Nearly half (43.1 percent) of city managers and mayors reported an increase in tax revenue. The majority (87.5 percent) of county commissioners reported an increase in tax revenues, while only 22.2 of township trustees indicted shale development had increased tax revenues. Local tax revenue is the only economic survey item where major differences were seen among local officials. For more information about several other categories and results of the study, go to Ohio University’s Voinovich School Report on Impact of Local Shale Activity website. jperkowski@daily-jeff.com u

THENS — Mayors, city managers and county commissioners in 17 eastern Ohio Appalachian counties — from Trumbull, the farthest northeastern county, to Washington in the southeast on the banks of the Ohio River — were asked to complete a survey conducted by the Ohio University Voinovich School of Leadership and Public Affairs about local impact of shale activity focusing on population, housing, public safety, infrastructure, environment, local employment area business activity and economic development. More than 500 surveys were distributed in the summer of 2013. Findings in the report include which shale developments are being reported across the 17 surveyed counties; the influence shale development has had on the population and how it has impacted local housing and public safety; how shale activities have impacted local infrastructure and the environment; how has it altered employment of area residents and its influence on the local economy. “Shale development is having a major impact on the communities of eastern Ohio,” said Scott Miller, director of the school’s Consortium for Energy, Economics and the Environment (CE3). “No one knows better the full effect of this industry on local communities than the target of this survey — the elected officials charged with serving this region: its mayors, county commissioners, township trustees and city managers. The results of this survey will provide a baseline for further analysis and community discussions for years to come.” Results of the survey were analyzed by the type of shale development activity reported to be taking place: Horizontal drilling, injection well construction, pipeline construction, shale supply yards and other staging areas, worker camps, refinery development, and no activity at all. Here is a sampling of the survey results. • According to the majority of local officials, the impact of shale activity has generally been positive. Across all local officials, 61.4 percent reported positive impacts; 25.7 percent reported shale had resulted in no change to their service area; and only 7.8 percent indicated that the impact had been negative. • Population, housing and public safety: Counties with shale activity indicated a population increase from 42.9 percent (from horizontal drilling and injection well construction) to 85.7 percent of those with refinery development. In counties without shale activity, there was still a 10 percent increase.

Laurie Huffman Dix Communications

GreenHunter Resources Inc. is planning to build a frack water recycling facility near Wheeling, W.Va., and it could hold up to 23,000 barrels of contaminated drilling water in a location that is very near the bank of the Ohio River and about one mile upstream from a city water intake plant. The company has estimated 30 trucks a day would unload there, and has gone on record to say they are in support of the Ohio River transport proposal. GreenHunter Vice President of Business Development John Jack has also stated the company will exercise caution to prevent any type of spill. While some environmentalists are deeply concerned about the transporting of drilling waste water along the Ohio River, federal government studies suggest shipping it by truck or rail, as is being done now, poses more risk for accidents. And, one barge can carry about the same amount of waste as 100 trucks, which clog up the highways and pollute the air. The U.S. Corps of Engineers has also reported radioactive waste, and millions of tons of petroleum products (oil drilling waste) are being shipped along the river every year already, and waterway operators claim shale drilling waste can be transported on the Ohio River just as easily.

he U.S. Coast Guard appears to be moving forward on a proposal related to transporting drilling waste water, also called flow back, in barges along the Ohio River. According to Jerry Schulte, of the Ohio River Valley Sanitation Commission, the regulations for the proposed transport were published in the federal register and made available for public comment in late 2013. While the controversy is still unsettled, Schulte said ORANSCO is ready to handle its responsibility, which is to warn water utilities and state and federal agencies, as necessary, when a spill takes place on the river, and this can mean multiple states. He indicated there are 33 drinking water intakes on the Ohio River and ORANSCO makes certain they have the information they need to protect themselves during a spill, which would be mitigated by the federal EPA or state agencies. “Most spills we deal with are some form of petroleum, anything from crude oil to refined materials like diesel,” said Schulte. “When dealing with those spills, it’s as much a question of location as it is of volume or toxicity.” By way of example, Schulte said if 50 gallons of oil were spilled immediately upstream of an intake, it could be highly problematic. But, 50 gallons spilled 100 miles upstream from an intake may not even be detectible. “Fracking waste water would be the same scenario. The farthest distance between two intakes is 190 miles. If a spill took place 190 miles upstream of an intake, there would be elongation of the contaminant flume, and better mixing. Again, it’s a game of location,” Schulte said. Schulte also said he surmises the fracking waste is mainly laced with salts, which are not easily removed from drinking water. As far as other contaminants are concerned, he has no factual information on what the fracking waste toxins are, or in what concentrations they would exist. “Our comment has been we would support analysis of every load before it is shipped on the river. We would like to see sampling and analysis of each load because components can be different from tankful to tankful,” Schulte added. The Ohio River is 981 miles long, starting at the mouth of the Allegheny and the Monongahela Rivers in Pittsburgh, and ending in Illinois, where it flows into the Mississippi River. The Ohio River flows through or borders six states: Illinois, Indiana, Kentucky, Ohio, Pennsylvania, and West Virginia, and it feeds tributaries in most.

Ethan Vessels Attorney

ARIETTA— As the boom continues, lessees will look for any way to hold an existing lease in place. One method is the “shut in”

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clause. Most leases have a “shut in” clause. It allows the lessee to continue to hold a lease, after a well is drilled, by paying a small sum, usually based on the number of acres. It should be invoked only when there is no market for the gas being produced from the property. Traditionally, this is when gas prices drop to a point I which it makes no sense (or cents?) to sell. More controversially, some operators invoke this clause when they cannot get the well hooked into a pipeline. However, the “shut in” clause almost invariably states that it applies only to a well that is “capable of producing in paying quantities.” This, in my opinion, is where operators are abusing the clause. “Capable of producing” is not merely at the whim of the operator. Of course, all operators will claim that the well is “capable” of producing—if. “If…I were to fracture the well, it would produce.” “If…I had done flow testing and pressure testing, it would show that it is able to produce.” “If...I had laid gathering lines and hooked into the pipeline 400 yards away, it would produce.” Based on cases nationwide, my opinion is that the law requires that the operator have fully completed the well, including all pressure and flow testing, and fully completed all of the lines necessary to market the gas, before the well can be considered “capable” of production. “If further work on the well is required before the well will be capable of producing gas,” the “shut in” clause cannot apply. Put differently, can the operator switch the well “on” without further work? Further, the operator must be able to establish that the well can produce in “paying quantities.” This means that the operator must know how much gas can be produced. This also means that there must be facilities (i.e., pipelines) close enough to the well to market gas at a profit. Put differently, can the operator send enough gas into the pipeline, accounting for the costs of getting there, to make a profit? If the operator cannot meet these tests, that operator’s opinion that the well is “capable” of production is really that the well is “potentially capable” of production. The “shut in” clause should not apply, and the lease should be considered terminated. Disclaimer. As with all articles on legal issues, this article is intended for educational and informational purposes. The reader should not rely on this article as a substitute for actual legal advice regarding his or her particular case. You should consult an attorney regarding the specifics of your situation. Ethan Vessels is an attorney in Marietta, Ohio with the firm of Fields, Dehmlow & Vessels, LLC. He is an NBTA Certified Civil

Trial Advocate. His firm is actively representing landowners throughout East and Southeast Ohio regarding oil & gas lease forfeiture actions, lease disputes, and other oil & gas matters. Visit www.fieldsdehmlow.com for more information.

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Cathryn Stanley Dix Communications

ARNESVILLE -- The newly appointed Barnesville Community Development Committee, Belmont County Port Authority Director Larry Merry met in early March and addressed questions from Barnesville residents about a proposed site for EnerGreen 360 Holding Company LLC at the Eastern Ohio Regional Industrial Park on State Route 800 North near Barnesville. In an Order by the Chief of the Division of Oil and Gas Resources Management dated January 3, 2014 to EnerGreen 360 Holding Company LLC, 6908 Lakebrook Blvd., Columbus, OH 43235, the Ohio Department of Natural Resources granted Energreen temporary authorization to operate a facility pursuant to R.C. 1509.22. According to the Order, Energreen 360 LLC “operates a treatment facility located at the East Ohio Regional Industrial Park, Warren Township, Belmont County (“Energreen 360 Facility”). Energreen receives drill cuttings, processes the drill cuttings, and reuses the drill cuttings at the facility. Any drill cuttings that cannot be reused will be disposed of at a landfill.” The East Ohio Regional Industrial Park, located on State Route 800 North, is operated by the Belmont County Port Authority. The order goes on to say, Division (B) (2) (a) of R.C. 1509.22 states, in pertinent part, that “On and after January 1, 2014, no person shall store, recycle, treat, process, or dispose of in this state bring or other waste substances associated with the exploration, development, well stimulation, production operations, or plugging of oil and gas resources without an order or a permit issued under this section or section 1509.06 or 1509.21 of the Revised Code or rules adopted under any of those sections.” According to the ODNR order, the application from EnerGreen requesting to operate the facility was received on December 27, 2013. In its application, EnerGreen supplied the Division with information and details regarding its operations. Prior to the meeting, Barnesville resident Jill Hunkler gave Barnesville Council President Dale Bunting a copy of “Hydraulic Fracturing Radiological Concerns for Ohio fact sheet” prepared by the Freshwater Accountability Project Ohio of Grand Rapids, Ohio. Hunkler cited research on the potential hazards of waste from fracking done by herself and Beallsville resident John Morgan of Raven Rocks. Morgan is one of the parties to an appeal challenging the legality of the proposed site filed by the FWAPOH with the Ohio Gas

and Oil Commission on February 13th. In a press release that appeared on a blog at www.ohio.com/blogs/ drilling-utica-shale, the FWAPOH described itself as an organization of activists dedicated to water protection and opposed to oil and gas drilling via hydraulic fracturing (fracking). The FWAPOH points to that fact that ODNR approved the project application in less than one week. Hunkler said no one was talking about the project and felt, “we all should have a voice on the future of our community.” Merry said the project had not yet been approved. He said Energreen first approached the Board Authority Board two to three months ago, and the proposal was revisited again two weeks prior to the March 3rd meeting. Merry said the Port Authority Board was working on a contract with Energreen. Barnesville Economic Development Director and Port Authority Board member Bill Knox said he would never allow anything harmful to come to Barnesville. Knox said the negotiations with Energreen would be “a completely transparent process” and suggested that a public meeting he held prior to approving the contract. Merry said that the term “fracking waste” to describe Energreen’s process was “confusing people.” Merry said “zero” frack material would be hauled into the industrial park because it is not allowed by Ohio law, the Environmental Protection Agency and ODNR. Merry said the drill cuttings are dirt from the hole drilled for the wells. He said that dirt is currently being taken to a land fill, which is creating a problem. Merry said Energreen’s process was a new one, because the drill cuttings from Ohio’s shale has 10 times less radon than those from West Virginia and Pennyslvania. He described the cleaned dirt, of which he had a sample on his desk, as “smelling soapy”. Merry said the material has to be tested before it can even leave the source. He said the material is then mixed with a concrete-type material to stabilize and compact it. Merry said that product is again tested and weighed. Merry said Knox asked many questions of Energreen’s representatives. Knox said he personally disliked ODNR after the village’s experience with a lands unsuitable ruling. “I don’t have confidence in their permitting and sampling,” Knox said. However, he said Energreen has been nothing but forthright and

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has welcomed OEPA involvement. Merry said the decision should be based on the science of the process and was to be trusted. He said the Port Authority had no problem with third-party testing. “Many people in the community are against this industry as a whole,” Merry said. Councilman Les Tickhill said some of the studies on that material have been conducted for 25 years. He said chemists should be involved. Merry said the industrial park was “topographically challenged”. “There are people who think I have lost my freaking mind putting an industrial park on those hills,” Merry said. He said Energreen will level areas that could be developed. “I’m not trying to poison anybody. I don’t want to harm anybody,” Merry said. He said all levels of the material would be under regulation and any material with high T-NORM (Naturally Occurring Radioactive Material) levels would not come to the industrial park. Hunkler said the copy she had of the ODNR permit did not say Energreen would only be using the dirt from the wells. Merry said the process had nothing to do with fracking and the material is compacted so that it can be used. “It becomes a safe situation to handle something that could be dangerous,” he said. “I am trying to create something good out of this. I am trying to develop the park,” Merry said. Merry said he has done a lot of research on Ohio shale and talked with others with knowledge in the business to get their opinions. “I think this is very safe,” Merry stated. “I am not trying to do anything that is environmentally unsafe.” He said the port authority would not receive much money from the project, but could use that money to get phone lines, etc. extended to the industrial park. A resident asked if there would be any financial benefits for Barnesville. Merry said yes, because by the end of the year at least one, six-acre pad (made of the material) would be built. “The community as a whole made the decision that they want the oil and gas industry in the area,” Merry said. “There are issues and hazards in other states and I don’t have faith in our state’s regulations,” Hunkler said. She asked those present to look at her sources of information, copies of which she provided them. “As leaders of the community, your first priority is the health and safety of the community,” she said. “I am extremely concerned and am going to do everything I can to stop this.” She is asking people to sign a petition online asking Governor Kasich and ODNR Chief Zehringer to revoke the permit for this fracking waste site. Petition link: http://www.change.org/petitions/ ohio-governor-kasich-and-odnr-chief-zehringer-revoke-permits-forfracking-radioactive-waste-sites Knox said he thought people were getting ahead of themselves and stated, “we will make a decision on what is best for the community.”

Marc Kovac Dix Capital Bureau

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OLUMBUS — In mid-March, Tom Stewart of has always been that tax policy should encourage the widest explorathe Ohio Oil and Gas Association was giving a tion possible.” severance tax proposal plan being developed by But industry groups are balking at Kasich’s new proposal, saying it Republicans in the Ohio House a 50-50 chance of pas- would stifle exploration and institute higher tax rates for oil and gas sage. producers compared to other businesses. House Bill 375, Stewart told members of the Ohio Oil and Gas As“If this proposal becomes law, it has the real potential to place a chillsociation gathered in Columbus for a winter meeting, would provide ing effect on the short and long-term economic value of this shale play,” clarity to the state’s oil and gas tax policies, was based on sound eco- Chris Zeigler, executive director of the American Petroleum Institute nomic principles and would ensure more orphan wells around the state of Ohio, said in a released statement. “This will not only negatively are appropriately capped. impact drilling and midstream development, but it could also jeoparStewart also told attendees he was willing to work with Gov. John dize downstream growth in the manufacturing, chemical and polymers Kasich’s administration on some sort of compromise on the frack tax industries. ... If this proposal were passed, our members would pay ten issue. times more in gross receipts tax than any other Ohio industry subject to “We’re desperately waiting to see a signal from the administration the commercial activity tax. This is simply unworkable.” that they want to reach back across and resolve this issue,” he said, “It’s been going on too long.” Flash forward a few days, and Stewart, the executive vice president of the industry group, isn’t so sure of the fate of HB 375, given the governor’s latest tax proposal. “It’s a very difficult issue, and it’s starting to get a very tortured history,” Stewart said the day after the governor’s plan was unveiled. As part of his mid-biennium budget package released this week, Kasich called for an increase in tax rates for oil and gas production to 2.75 percent on gross receipts. The plan includes exemptions of up to $8 million to cover drillers’ start-up costs and no taxes on smaller conventional producers. Additionally, the proposal would direct 20 percent of severance tax collections to local governments in shale oil gas and oil-producing areas. That’s a departure from HB 375, which calls for an increase of 1-2 percent on oil and gas produce via horizontal hydraulic fracturing, with proceeds going first to regulatory efforts and then to a possible income tax cut. The Ohio Oil and Gas Association and other industry officials have endorsed the House plan, though HB 375 doesn’t appear to be on any fast track to passage. Stewart said his group has shown a willingness to compromise on the issue, moving from a “no severance tax hike” position not too long ago to backing HB 375. “We think HB 375 provides clarity to the industry and tax fairness but also provides an opportunity to expand the exploration window into areas that are technologically challenged right now,” he said. “Our goal

State tax Commissioner Joe Testa told a lawmaker panel late Wednesday that the administration is working with representatives on the industry and considered their concerns in the latest proposal. “Since last year, when we first took up the issue of the need to modernize the severance tax, we have been reaching out and listening to all the stakeholders,” Testa said. “This proposal captures many of their concerns and perspectives. We are simplifying the tax, being responsive to the industry and delivering some significant assistance to local communities. We look forward to continuing our conversations with all the interested parties and developing a solution that benefits all Ohioans.” Marc Kovac is the Dix Capital Bureau Chief. Email him at mkovac@dixcom.com or on Twitter at OhioCapitalBlog.

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ENECAVILLE — I have an old oil and gas lease on my property – How will this impact my family during the current shale drilling boom? Guernsey and Noble County community leaders and interested residents have had the opportunity to attend special briefings exploring older lease issues and options, sponsored by the Guernsey and Noble County Farm Bureaus. One recent briefing was held at the Mideast Career and Technology Centers, Buffalo Campus, 57090 Vocational Road, Senecaville, on Tuesday, March 18. The programs are facilitated by Dale Arnold, Ohio Farm Bureau Federation director for Energy, Utility and Local Government Issues. “Long-term energy demand and new drilling technology have sparked heightened oil and gas exploration in the Marcellus and Utica Shale deposits throughout eastern and central Ohio,” Arnold said. “Communities are experiencing rapid growth, resource competition and potentially large inflows of bonus, land rental and royalty payments – Welcome to the boomtown.” Lease agreements define business relationships between landowners and developers. While the terms and conditions for some new projects are detailed in new lease agreements, many more are governed by older leases signed years ago. These older leases were acquired through reassignment and lease portfolio purchases. Landowners with old leases incorporated into new projects want a better understanding of their options, potential benefits and responsibilities. During the course of the briefing Arnold will discuss basic lease concepts, remedies and actions landowners can take

to have older leases cancelled, opportunities whereby older leases could be reopened for renegotiation, and current regulations in place offering resource protection and remediation. Questions one should ask while selecting an attorney for legal advice/assistance, as well as matters to address if the family is considering selling all or part of their mineral rights and/or royalty provisions defined in an old lease will be explored. Arnold has been involved in energy and utility related issues since 1995. He represents farm and rural residential energy consumers on a variety of government working groups and public utility advisory boards. He has extensive experience working with county Farm Bureaus and local residents, and works with organization leaders to help communities and families address issues surfaced in part by energy development.

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ANESVILLE — Another indication of the growing interest in adults to further their education, either in the field where they currently are employed, or to hone their skills for a new venture, is the continual rise in the number of applicants at Mid-East Career and Technology Centers Adult Education Programs. The renaissance of the gas and oil industry in the area has presented an opportunity for a multitude of jobs at an unprecedented level not seen in decades. Two of the most “in demand” courses require specialized education. Heavy equipment operator — one of the top five fastest growth occupations — and welding. “Enrollment has been phenomenal,” said Center Executive Director Tony Hartman. “Especially in our new Heavy Equipment program. It’s a full-time, fast-paced class which began last August. It’s approved for Pell grants and loan subsidies.” Hartman is also new at the Center, landing the executive directorship in July of 2013. “There were 16 students in the first Heavy Equipment class from August to December of 2013, and more than half of them already have jobs. The class already has a 95 percent placement rate. And, there was at least one female in each of the three 19-week sessions,” he said. The current class will end June 23. The next 2014 session begins in August and ends in December. This program requires attendance Monday through Friday from 8 a.m. to 4:30 p.m. Cost of the class is $11,900 and includes tuition, materials, PPE, and all certification tests and fees. Students in the class will earn certification in OSHA, Safeland USA Rig Pass To go, NCCER CORE, NCCER heavy equipment (operator Level 1) and First Aid (CPRIAED ASHI). The class also includes a Class A CDL, a commercial driver’s license. During the course a student will have hands-on equipment training on an excavator, loader, dozer, backhoe, tractor, dump truck, skid steer, and rough terrain and industrial forklift. Tied with heavy demand for heavy equipment operators and truck drivers are welders. The new welding program at Mid-East CTC began last September for 38 weeks. Students will be prepared to earn certification in OSHA, SAFELAND USA, First Aid, NCCR Core, AWS Oxyfuel and Plasma Thermal Cutting (OAW), AWS ASE Shielded

Metal Arc, Welding Structural AWS D.1, AWS Shielded Metal ARC, Welding 2-inch pipe (AWSAPI 1102). Classes are in session Monday through Thursday, 4:30 to 9:30 p.m. Tuition and fees are $9,280 and includes tuition, materials, PPE, all certification tests and fees. Students for both programs must have a clear BCI/FBI background check and pass DOT physical and drug screening. The school is still in Zanesville, but temporarily housed in the old Rufus-Putnam building on Moxahala Ave. “We will be moving back to the main Richards Road campus as soon as the million dollar renovation is complete. We are very excited about the move. The Richards Road campus is about seven miles down the road, near the Field House,” said Hartman. “The Center also has a one-year guarantee program,” said Hartman, who explained how a student can receive 30 college technical credit hours toward a technical degree from any college or university after completing a 900-hour program, or receive proportional credit toward a technical degree for students who complete between 600 and 899 hours and obtain an industry-recognized credential approved by the Ohio Board of Regents. “The mission of Mid-East Career and Technology Centers, adult education, is to provide every student dynamic career opportunities by creating and delivering educational programs. It is our goal to provide our service area with well educated and competent students who will meet the needs and exceed all standards of our local industries. “With the increased demands from the oil and gas industries as well as many other fields, we know it is important for individuals to get the best training possible from a reputable institution. At Mid-East CTC, Adult Education, we get students there quicker by striving to be the best in career technical training.” Mid-East CTC has 11 full-time, skill training programs, four parttime programs, in addition to computer classes, digital imaging, fire service and public safety, EMS, and services for business and industry. For more information, call 1(800) 8232-7545, or (740) 455-3111, Monday - Thursday, 8 a.m. to 9 p.m.; Friday, 8 a.m. to 4 p.m., or visit www.mideastctc.org. jperkowski@daily-jeff.com

EW PHILADELPHIA — Buckeye Career Center is prepared to meet the emerging employment trends in the oil and gas industry. A new high school program was approved by the Buckeye Board of Education in February, pending final approval from the Ohio Department of Education. This program, Energy Operations, will support the educational and career training for entry and/or post-secondary options into oil, gas and alternative energy career fields. An advisory committee of local industry professionals has been formed to guide the development of this relevant, innovative program. The curriculum will include the following courses: Energy Systems Management, Environmental Systems Management, Oil and Gas Operations, Bio Energy, Solar and Wind Energy, Agricultural and Envi-

ronmental Systems. Buckeye is collaborating with Stark State College in offering an online dual-credit class on Introduction to the Petroleum Industry. “We have spent much time in researching the scope and relevance of this type of program. We quickly realized that the program needed to include not only oil and gas, but other emerging energy resources,” said Trent Edie, assistant principal at Buckeye. State Representative Al Landis has enthusiastically endorsed the program. “I am very excited that we are able to offer this. Buckeye is an important asset for our area. They are preparing out students for today’s employment opportunities. Their diversified Advisory Board will ensure that our students are prepared for the jobs.”

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OLUMBUS — The Ohio Oil and Gas Association (OOGA) welcomed its class of 2014 Hall of Fame inductees during a ceremony held last night as part of the association’s annual Winter Meeting. The OOGA Hall of Fame, which was created in 1987, honors individuals who have made significant contributions to the advancement of Ohio’s oil and gas industry. The Hall of Fame inducts new members every four years. Inductees are nominated by their industry peers and selected by OOGA’s executive committee. After yesterday’s ceremony, Hall of Fame membership is now 125. “The individuals selected for the Hall of Fame are passionate about and committed to Ohio’s oil and gas industry,” said David R. Hill, OOGA president. “We thank them for their unwavering support and congratulate them for achieving the industry’s highest honor in Ohio.”

James R. Halloran — Vice president at PNC Wealth Management Carl Heinrich — Partner at Heinrich Enterprises, Inc. Dr. William Hlavin — President and owner of Bass Energy, Inc. Angela Howard — Retired, OOGA member Thomas E. Niehaus — Principal at Vorys Advisors, former Ohio senate president Richard C. Poling — Owner of R.C. Poling, Co. James R. Smail — Owner of J.R. Smail, Inc. Thomas E. Stewart — Executive vice president, OOGA

About the Ohio Oil and Gas Association The Ohio Oil and Gas Association is a trade association with more than 3,200 members who are actively engaged in the exThe 2014 OOGA Hall of Fame inductees are: ploration, development and production of crude oil and natural Fred A. Badertscher — Owner of Buckeye Water Services gas within the state of Ohio. For more information, Robert D. Barrick — Employee at Tech Star, Inc. visit www.ooga.org. Thomas P. Giusti — Principal at Clark, Schaefer, Hackett & Co. Steven L. Grose — Partner at Concord Park Energy Development, LLC.

OLUMBUS — The Ohio Oil and Gas Association (OOGA) has elected David R. Hill to serve as president for a two-year term. Hill, who previously served as vice president, succeeds outgoing president Joel Rudicil. A long-time independent oil and gas producer and geologist based in Byesville, Ohio, Hill has been a member of OOGA for more than 30 years and has been very active in the association’s legislative, business, community and media outreach efforts. “David has worked tirelessly to promote Ohio’s oil and gas industry and to educate key audiences about the processes involved in oil and gas exploration and development,” said Tom Stewart, executive vice president for OOGA. “He brings a wealth of expertise and knowledge to his role as president, which is vital as Utica shale development continues to grow within the state.” Hill attended Marietta College and Muskingum College, where he earned a bachelor’s degree in geology and graduated

with honors. He currently serves as the Ohio regional director for the Independent Petroleum Association of America (IPAA) and is past chairman of the Ohio Oil and Gas Energy Education Program (OOGEEP). He also served under the Taft, Strickland and Kasich administrations on the Ohio Technical Advisory Council and is a member of the American Association of Petroleum Geologists.

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AMBRIDGE — The Cambridge Municipal Airport is scheduled for a growth spurt. Extension of the runway at the Brick Church Road facility is expected to culminate as early as 2016 when the pavement is laid, more than a quarter century after the project took flight ... but only if all the dominoes fall in the airport’s favor. “[Guernsey County Commissioner] Tom Laughman was part of our teleconference with the Federal Aviation Administration in 1991,” said Airport Manager Terry Losego. “It’s been going on for a long time.” That meeting set the wheels in motion, and momentum has gathered since, slowly at first then accelerating at a rapid pace as use of the airport soared. Improvements and upgrades at the airport began several years prior to that discussion, however; vocational school students constructed the current terminal building in 1984, replacing a mobile home that served that purpose previously. The guiding document in all project planning is the “ACIP.” “It’s important to note that the ACIP — Airport Capital Improvement Plan — is a planning document used by the FAA and the State of Ohio for capital planning for the airport. It’s their capital plan for what they want to do over the next 10 years,” said Steve Potoczak, project manager with Delta Airport Consultants

Inc., the airport’s engineering consultant. “Each year that plan is to be updated and sent off to the FAA to put in their file so they can plan what is going to be happening at the airport over the next 10 years.” At one point the FAA scheduled the extension for 2022. But the rapid development of the gas and oil industry locally prompted officials to reconsider that date. “The oil and gas industry was the catalyst that really got it going,” said Potoszak. “It’s always been on the plan. The traffic that uses the airport now has a great need for the additional runway. We projected on our airport layout plan ... that that extension would need to go in when that traffic arrived at the airport. Here it is, today.” The air traffic includes representatives of gas and oil companies seeking to tap into the Marcellus and Utica shale deposits in east central Ohio. They frequently fly thousands of miles here from their corporate headquarters, often located in the southern states, and prefer as few interruptions as possible. Why the need for a runway extension to accommodate business aircraft? A gallon of jet fuel weighs about 6.8 pounds, a gallon of 100LL aviation gasoline about 6 pounds. The more fuel an aircraft can carry, the greater its range will be without the need to stop at an airport prior to its destination to refuel. The weight of an aircraft, as well as metrological factors (air density, for example),

Looking beyond the runway extension, a taxiway paralleling a portion of the runway is planned. It will allow safer and more efficient operations, as aircraft can land or depart while another aircraft is on the taxiway. (Though the airport has a single strip for aircraft takeoffs and landings, there are technically two runways, runway 4 and runway 22. They are designated as such because an incoming or outgoing aircraft using runway 4 is heading on a compass bearing of 40 degrees. Likewise, an incoming or outgoing aircraft using runway 22 is heading on a compass bearing of 220 degrees, 180 degrees opposite.) Of course, the work must be funded. “We have the FAA’s backing on it. The State of Ohio’s really backing it. We see the community has backed us,” Potoczak said. “The way funding works with the FAA is you have to design the project and put it out to bid. Contractors competitively bid on it. When these bids are in hand you choose the lowest and most responsible bidder. Then submit that to the FFA and say ‘this is our plan, the contractor we want to build the project, how the project’s going to be broken down as far as phasing and building it.’” The project has three components: the overlay of the current runway; the runway extension; and the taxiway. Funding and contractor availability might allow all work to be performed in consecutive years, beginning in 2016 with the overlay provided the FAA approves the work. Regardless of the timetable, the end result will be the same. “What it will allow is the aircraft that want to come here but can’t because of limitations,” Potoczak said, “will be able to come here.” ddavis@daily-jeff.com

determines how far an aircraft must travel down a runway to gain speed before it can lift into the air. A shorter runways requires less weight — in other words, less fuel, payload or passengers — to allow an aircraft to take off. But less fuel shortens the aircraft’s range. With the current runway length, 80 percent of corporate traffic operating from the airport can reach only as far west as St. Louis, as far south as Atlanta, as far east as New York and as far north as Milwaukee. The runway extension would extend that range nearly to Denver to the west, San Antonio to the southwest, Miami to the south and well into Canada to the north and northeast. But the runway extension is not simply a matter of moving earth and pouring asphalt. “A bunch of other things have to happen prior to that runway extension being implemented,” Potoczak explained. “Our plan is a very incremental plan.” First, the runway safety area surrounding the proposed runway extension must be made clear of all obstructions. That work is planned for 2014. Also planned for 2014 is completion of an environmental document outlining how the runway extension will not negatively impact the environment. A wildlife hazard assessment must be completed. The document lists potential hazards to aircraft from area wildlife, including birds, deer, rabbits and raccoons, among others. This work is also scheduled for completion this year. Next year the design of the runway extension is slated to begin. The runway is currently 4,300 feet long and 75 feet wide. The surface is rated to accept a 24,000 pound load through 1,500 operations (a landing or takeoff) per year. The new surface will be FAA-approved grade asphalt. Fivehundred feet of runway will be added, all toward Southgate Road, bringing the total length to 4,800 feet. The width will remain 75 feet. The new surface will be rated to accept a 30,000 pound aircraft with single-tire landing gear or a 50,000 pound aircraft with multiple-tire landing gear through 1,500 operations per year. Grooves in the asphalt surface will provide space in which water, dirt and other particles can settle, enhancing traction for aircraft tires when braking and, therefore, safety. The grooved surface The full extension plans calls for an additional 200 feet to be added opposite from Southgate Road. “The entire plan is 500 feet [toward Southgate Road] and 200 feet [the opposite direction],” Losego said. “But that 200 feet is really not cost effective because there’s three properties that have to be purchased, our guidance system has to be moved, the hills have to be lowered. It’s not practical for 200 feet. Way off in the future that 200 feet might be added.” But before new runway is added, the existing runway must be resurfaced with an asphalt overlay. This will eliminate cracks that have developed over time and provide a smoother and safer operating surface for incoming and departing aircraft.

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Which they will do in the near future. Speaking of affidavits, they’re a good place to find Sins of Commission. Since the Utica Shale play exponentially increased the value of acreage, landowners desperate to break existing leases sometimes, well, misrepresent the relevant details. In other words, they lie. I’ve seen this: A landowner files an affidavit of forfeiture. It is claimed that the lease is in default due to non-payment. The lessee fires back with an affidavit of non-forfeiture: Yes, indeed, they have paid royalties consistently and are in full compliance. And the first affidavit is bunk. So, Sins of Commission are mistakes and errors found in recorded documents. I’ve covered carelessness, a lack of attention to detail and fraud. To finish, an example of bone-headed dumbness. The facts: a landowner leased his acreage in the early 1980s. A well was drilled shortly thereafter, which was assigned to the current producer around 2010. Sometime around 1995, the same landowner leased the same property to a different company. The lease expired; no well was drilled. The current landowner had an attorney file an affidavit of forfeiture, naming the current producer and citing the volume and page of the 2010 assignment but, mistakenly, citing the volume/page of the 1995 lease. The county recorder, according to statute, canceled the 1995 lease. However, the 1980s lease remains in full force and effect. The property’s still HBP. Bone-headed dumbness. I rest my case. Bill Dannley has worked in the oil and gas business for over 35 years as both a title abstractor and petroleum landman. He is a partner in Leasmap Ohio, which specializes in lease takeoff research and has over 40 Ohio townships on file. Bill can be reached at 330-262-0588. For more information visit www.leasemapohio.com.

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OOSTER — Last month I explained that the public record contains a variety of errors. I divided these into two categories, Sins of Omission and Sins of Commission. I then proceeded to define what I meant by Sins of Omission: Relevant documents left out of the public record. I define Sins of Commission as mistakes and errors found in recorded documents. They result from carelessness, sloppy work, fraud or just plain bone-headed dumbness. Some mistakes are basic. Oil and gas leases describing the property in the wrong township. Perfectly executed leases recorded in the wrong county. You won’t find those when you’re doing a title search. Some companies lease surface owners who don’t own the oil and gas rights. Leases taken on acreage that is held by production (HBP.) Sometimes this is due to faulty title research; more often from sloppy, dishonest leasemen. Often documents, particularly assignments, contain volume/page references that are just plain wrong. These errors usually go uncorrected. According to Rita Burkey, Deputy Recorder of Holmes County, “We tell the companies about [these] mistakes, but almost no one corrects them. It’s kind of a nightmare for the title searchers.” With the Utica Shale play, many companies with HBP acreage have assigned their deep rights. These assignments often include hundreds of leases, sometimes HBP by marginal wells, whose legal status is questionable. Recently I was approached by friends with 300+ acres of oil and gas rights in Tuscarawas County, deeded to them by relatives. Last leased in 1964, a well had been drilled but no royalties had been paid in years. They asked me to do a quick title search, just to make sure everything was okay. I found the deed record was complete, and they were correct about the last lease of record. Disconcertingly, I also found that this 1964 non-productive, non-HBP lease had been assigned repeatedly, most recently in late 2013. So I went to the Ohio Department of Natural Resources (ODNR). According to ODNR, the well was still good. However, ODNR also showed no production in the last 20 years. Explanation? Although not one penny had been paid for decades, the lease remained in the company’s inventory because the well was never plugged. Despite its questionable status, this particular lease got rolled in with hundreds of other good leases into a series of below-Clinton assignments. Anyone seeing this lease in the courthouse -- with 10 recent assignments -- would conclude it was HBP. Or until the oil and gas owners file the relevant documents to break the lease.

Judie Perkowski Dix Communications

YESVILLE — It’s easy to see why Rusty Roberts’ health education class at Meadowbrook Middle School is so popular — just talk to Roberts for 60 seconds and you will be asking him where you can sign up to learn more about how to administer CPR — Cardio Pulmonary Resuscitation. And, you would be equally impressed with the presentation by five of Roberts’ students who just completed the CPR class. Roberts said his students “benefited from a grant from the EQT Foundation, which paid for the user-friendly kits in his health education class. The kit contains a plastic mini torso (from the shoulders up) and a DVD with instructions on how to perform CPR, mouth-tomouth resuscitation, and how to use a defibrillator. “Joe Laskowski of the American Heart Association, contacted the school a while back about staging a program about CPR. Our principal, Russ Spence, sent the information to me. Next thing I knew, the kits had arrived and Joe set up the program. “Approximately 150 kids have taken the one-semester CPR class,” said Roberts. “All of the eighth graders have completed the program. There are five students who will demonstrate during the assembly how to use the kit ... Eighth grader Andrew Upton is now certified in CPR through his Boy Scout Troop. Andrew is on track for the Scout’s Eagle award.” After several weather-related delays, the entire student body of sixth, seventh and eighth graders (420 students), teachers, and guests were welcomed to an assembly in the school gymnasium by Principal Russ Spence who introduced the staff from EQT Corp., the program’s benefactors. EQT Corp. was one of the first energy companies in eastern Ohio to introduce themselves to the public and has continued to demonstrate their “goodwill policy” in Guernsey County and throughout Appalachia. “It’s nice to be back in school after so many missed days, and for EQT to finally be here after two cancellations due to the nasty weather,” said Spence. “We are here to thank the EQT Corp. and the American Heart Association for developing the program specifically for middle school (eighth grade) students. Students who have completed the CPR class have received a Family & Friends CPR Anytime Kit from the American Heart Association, thanks to a grant from the EQT Foundation. Spence introduced Joe Laskowski, Community CPR manager for the American Heart Association. Laskowski talked about the most important element of helping someone who is in distress suffering a heart attack. “The first few minutes are critical. CPR can save someone’s life if

performed correctly. You should know what to do in case of an emergency — immediate intervention — when someone’s heart stops beating,” he said. “That is a life-long skill.” Laskowski encouraged students to take the kits home and practice the procedure with family and friends. Ellen Donley, community relations and event manager for EQT Corp., said, “The EQT Foundation made a total grant to the American Heart Association of more than $133,000 in 2013 to administer the “Have A Heart — Save A Life” in 10 counties in a three-state area — Ohio, West Virginia and Pennslyvania, in cooperation with the American Heart Association. In Guernsey alone, the grant trained more than 480 students in the life-saving skills of CPR. “While EQT has been funding the program for six years, this is the first year Guernsey students have benefited from the program. Since its inception, the Have A Heart — Save A Life program has trained nearly 29,000 students. An ancillary benefit of the program is to have the students to go home and teach CPR to their parents, grandparents, neighbors, etc. with hopes that one day those abilities can be used to help save a life. If you add in the multipliers that the Heart Association uses, our program has helped to train more than 82,000 citizens throughout Kentucky, West Virginia, Pennsylvania, and Ohio.” Also at the assembly was Steve Helton, an Emergency Medical Service technician and CPR instructor for the Cambridge Fire Dept. Helton said it is “a super important skill to recognize someone who is in trouble and needs help. To administer CPR properly you must complete 30 compressions in 18 seconds,” he said. “You need to push hard and push fast.” After the program concluded five students, Andrew Upton, Da-

mian Laughlin, Charley Hill, Jordan Yerian and Brook Wigington demonstrated how to perform CPR. The American Heart Association is a non-profit organization in the United States that fosters appropriate cardiac care in an effort to reduce disability and deaths caused by cardiovascular disease and stroke. Customer service: 1 (214) 570-597, (Consumer), 1 (877) 2424277, or (Consumer), 1 (800) 242-8721. jperkowski@daily-jeff.com

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AMBRIDGE— Readers paging through the classified section of nearly any newspaper of the past several years may have noticed a lengthy section of legal advertisements. It is no coincidence that the uptick in such ads coincides with the resurgence of the gas and oil industry in Guernsey County. Many of the ads have been prompted by that industry’s renaissance locally. Usually, the ads are titled, “Notice of Intent to Cancel Oil and Gas Lease Under Ohio Revised Code Section 5301.332.” As gas and oil companies have reentered the county with the prospect of mining natural gas and petroleum from the Marcellus and Utica shale formations, the companies have been signing mineral rights lease agreements with landowners. In some cases, however, landowners have discovered that they do not own the mineral rights to their property because

they were leased by previous owners of the property, Shawn Bennett said. Bennett is director of Energy In Depth Ohio, a gas and oil industry education and advocacy group. “A lot of these landowners may never have known that someone leased their land, say, 112 years ago,” Bennett said. In the process of the title search, it would have been discovered that the title was not clear with respect to the mineral rights. In order to void the lease and regain the mineral rights, the landowner has to follow certain steps which includes publishing a notice of their intention to cancel the lease. The rationale for voiding the lease typically states the terms stated in the original lease have expired, no oil or gas is being produced from any well on the property and the landowners have not received any payment under conditions of the lease that would cause the lease to remain in effect. jlowe@daily-jeff.com

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OBTOWN, Pa. (AP) — Critics are raging after an energy giant offered pizza coupons to a community near a natural gas well that exploded last month, killing a worker. News stories, TV shows and blogs — many sarcastic or outright scornful — spread the word far and wide. “Shame on you,” one person wrote about the offer by Chevron Corp. “How insulting!” said another. Comedy Central’s satirical “The Colbert Report” skewered it. But the 750 or so residents of the hamlet of Bobtown? Not one has signed an online petition demanding an apology for the pizza offer. In fact, during a recent visit, The Associated Press found the talk of the town is more the furious response by outsiders. “We feel it was something outside groups generated,” said Pete Novak, a co-director of the Polish American Club, a local gathering spot. None of the patrons has voiced outrage, he said, and residents laughed about how people who have never set foot in Bobtown claim to speak for its citizens. Several people noted that Chevron’s pizza offer was made to

apologize for traffic after the fire, not to downplay the loss of life. “I thought it was pretty decent of them,” said Ray Elli, 54, who noted that the fire was about a mile outside town, on a ridge, and that people in town didn’t feel threatened. B i l l Sowden, co-owner of Bobtown Pizza, the area’s only restaurant, says 12 people have redeemed the coupons distributed by Chevron. The whole issue, he said, was blown out of proportion. “We’re just a food place,” he said. The outsized reaction from people not directly affected by the accident illustrates the larger passions surrounding the fracking debate. Many critics seek stricter regulations or bans to protect air and water from pollution, while supporters speak of the economic benefits for an energy-hungry nation. Each side claims the high moral ground. About 12,000 people have signed an online petition demanding Chevron apologize, according to petition organizer Karen Feridun. “There are a few from nearby communities, but none right from Bobtown,” Feridun wrote in emails this week to the AP.

She lives about 250 miles away, at the other end of Pennsylvania. The petition isn’t even on public display in Bobtown, about 2 miles from the West Virginia border. One petition signer from New York City mentioned “Chevron’s cavalier arrogance.” Other signers came from Alaska, Florida and many other states, as well as Australia, Bulgaria, Costa Rica, Germany and Italy. Chevron hasn’t responded to the petition, Feridun said. Company spokesman Kent Robertson said in an email that Chevron works to be a good partner in communities, that it has been “overwhelmed by the support” from residents and that it appreciates their understanding. For more than a century, the region around Bobtown has been coal country, and there’s still an active mine nearby. But in the past five years, natural gas locked in shale deep underground became newly accessible because of the advent of hydraulic fracturing, or fracking. On Feb. 11, a Chevron well outside of town exploded, killing Ian McKee, 27, who lived about a half-hour away in Morgantown, W.Va., and worked for a contractor. Five days later, as emergency vehicles clogged some narrow roads around Bobtown, Chevron representatives visited about 100 people, seeking concerns or questions and leaving a gift certificate for a large pizza and 2-liter drink at Bobtown Pizza, which had just opened. Elli, who was born in Bobtown, said he feels for the worker who died and his family, but that the well fire didn’t threaten other residents. And while there are differing opinions about the drilling boom in the community, he doesn’t see a problem with it. “We need gas. Better than getting it from other countries,” he said. His current priority is not getting an apology from Chevron, he said, but getting ready for the spring wild turkey season. He noted that many locals have made money off the drilling boom, both from royalties — which can reach hundreds of thousands or even millions of dollars for landowners — and jobs. Overall, Pennsylvanians support the drilling boom, said G. Terry Madonna, a professor of public affairs at Franklin & Marshall College in Lancaster. A January poll by the school found that 64 percent of respondents somewhat or strongly favor the gas drilling industry, compared with 27 percent who somewhat or strongly oppose it. In some conservative rural areas with active drilling, the support is even higher. “I think it’s pretty fascinating that folks in the community” aren’t openly upset with Chevron, Madonna said, agreeing that such kerfuffles are surrogates in the political fight over American energy production. Novak had some advice for all the people who think they know how Bobtown residents feel: “Come to this small rural area and see for themselves.”

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AMBRIDGE — When looking at what people do or don’t do with their property, when they own oil and gas interests, I thought we could come at it from a different angle. That angle would be from the direction of what people mistakenly do or don’t do to protect their oil and gas interests. This article will look at 7 asset protection opportunities that are often overlooked. Mistake number 1: The use of staggered distribution trusts. A lot of trusts are drafted to give the beneficiaries staggered distributions at different ages. For example, a common design is to distribute say one-third at age 25, onehalf of the balance at age 30 and the balance at age 35. On the surface this looks great, but it needlessly subjects the trust assets to the creditors and divorcing spouses of the beneficiaries. Instead of this design, the trust can instead be drafted to continue for the beneficiary’s lifetime (known as a lifetime trust) with the beneficiary being named as a trustee upon reaching a selected age, with a co-trustee. Mistake number 2: Using support trusts rather than discretionary trusts. Many trusts are drafted to give the trustee the power to make distributions to the beneficiaries for their health, education, maintenance and support. These trusts are often called support trusts. In Ohio, support trusts are available to certain classes of creditors, including divorcing spouses. A discretionary trust, on the other hand, gives the trustee absolute discretion over distributions and thus generally protects the assets from all classes of creditors. Mistake number 3: Failing to use third-party discretionary trusts. A thirdparty trust is a trust that is set up for beneficiaries other than the trust maker. For example, a trust set up for the benefit of the trust maker’s spouse and descendants is a third-party trust. There is no stronger asset protection technique than a transfer to an irrevocable trust in which the trust maker is not a beneficiary. Unless the transfer was a fraudulent conveyance, there is almost no challenge to this technique. Transfers to the trust need not even be completed gifts for gift tax purposes to be protected. Mistake number 4: Not using charging order protection. People often use charging order protected entities such as limited liability companies and limited partnerships to protect assets. The assets don’t have to be business assets. They can be cash, brokerage accounts, life insurance, real estate (including oil and gas interests), and just about any other asset class. Owning these assets in your own name subjects them to the possible attachment by a personal creditor. There is no reason to hand these assets over to a creditor when it is so simple and cost-effective to form and maintain a charging order protected entity. A charging order is defined as court-authorized right granted to a judgment creditor to attach distributions made from a business entity. A charging order as the only remedy a creditor has, works well to cause the creditor to settle the dispute at a lower dollar value rather than risk getting a lien over an entity that may not make any distributions. Mistake number 5: Using single member LLCs rather than multi-member LLCs. The philosophy behind charging order protection is that it would be unfair for the other member(s) if that member has to be in business with the creditor of the debtor member. Thus, Ohio provides that the creditor merely

gets a charging order which is an economic interest that doesn’t include any voting powers. However, when there is only one member of the LLC, the philosophy of protecting another person does not necessarily exist. Maybe just making the LLC a multi-member LLC would give much more protection and also help you make some transfers to loved ones for estate planning purposes. Mistake number 6: Failing to use Domestic Asset Protection Trusts (DAPT). Domestic Asset Protections Trusts have become one of the most popular and widely-used asset protection techniques. In fact, as I have written before, Ohio’s DAPT has been in effect for 2 years. Although many more people are taking advantage of these, many others are not. Some have failed to use this technique because of the uncertainty about whether it will work. This is often based upon a misunderstanding about the objectives of an asset protection structure. The goal is to put the client into a better position than the client was in without the structure. Thus, there will not be a 100% success rate, but in almost all situations, this technique will help. Mistake number 7: Failing to use Dynasty Trusts. Dynasty Trusts aren’t just estate tax savings vehicles. They are also used to provide asset protection and divorce protection for the beneficiaries for as many generations as applicable state law allows. In Ohio, it is left to the trust maker to decide how long is appropriate. This type of trust is commonly known as a Dynasty Trust. Just as clients may use lifetime trusts for the first generation, the same concepts apply to more remote generations as well. There is no reason not to protect the assets for grandchildren, great-grandchildren and other beneficiaries if this is what you wish to do. These are not intended to be an exhaustive list of mistakes people make when doing or not doing asset protection planning. They are merely an attempt to make you think about some possibilities and from there find out the ever growing asset protection planning ideas that attorneys throughout the United States are creating. With this in mind it is important to talk to an attorney who concentrates in this area of estate planning. If you wish to learn more ideas about asset protection, please go to www. fmcclurelaw.com to read other articles about asset protection and how it may relate to oil and gas.

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OODSFIELD -- The Marcellus and Utica Shale gas and oil boom has taken effect in southeastern Ohio over the past couple of years. With this boom many landowners have received bonus checks and will be receiving royalty checks, which most landowners consider to be a “windfall” of cash. When receiving a “windfall” of money it is very important to seek out professionals who are knowledgeable in assisting you in your new financial situation and are also professionals that you can trust. In most cases the first professional you should seek out is a CPA or tax preparer to assist you with how much and how often taxes need to be paid on the money received. In my experience with landowners receiving money from Gas & Oil, the ultimate goal is to keep as much of the money as possible, paying the required taxes but not a penny more. This can occur by having a good tax strategy in place. Once the taxes have been addressed you should speak with is a financial advisor, such as a certified financial planner, who will be able to help you develop a plan designed with your financial goals and objectives in mind. Whether it is funding your retirement, saving for your children or grandchildren’s education, charitable giving or estate planning, a Financial Advisor has the skills to help. A financial Advisor can also help you develop a tax efficient investment plan. When choosing a financial advisor, it’s key to have a strong relationship with a trustworthy individual to handle your investments. One way to ensure you are working with a reputable advisor is by visiting the website, www.finra.org. Here you can research an advisor’s background, including any reported customer complaints, fines and bankruptcy history through FINRA’s BrokerCheck system. When selecting a Financial Advisor, you should always ask about the fees and charges associated with your investments and planning. Also you need to inquire about any penalties due if you would need to get access to your money sooner than originally planned. Understanding the products that are recommended by your advisor is essential to making your plan work for you. A financial advisor will often work with your CPA in order to help with reducing your tax imprint. Some of these strategies include; funding Employer Sponsored Retirement Plan such as a 401K, 403B or Simple IRA. If your employer doesn’t provide these options or you are self employed you can also fund a deductible IRA or Individual 401K. Funding retirement accounts allows you to save for the future, while lessoning your tax burden in the

year(s) which you received your windfall. One thing to remember when discussing your financial situation with your advisor is that everyone’s financial situation is unique. With that being said a financial strategy that is best for one person may not necessarily be the correct strategy for you. This is why it is so important for you to speak with an advisor who has your best interest in mind while developing your strategy. For more information on the services offered by this office, contact Nikki Lude at Heritage Financial & Investments Services, LLC, the office is located at 117 N. Main Street, Suite 22 in Woodsfield, OH 43793. Call 740-472-9161 for more information. Securities offered through LPL Financial, a Registered Investment Advisor, Member FINRA/SIPC.

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“Energy job replacement and growth is a clear pathway for diverse communities to rise from poverty to middle-class, what a rare opportunity.” The IHS report, Minority and Female Employment in the Oil

& Gas and Petrochemical Industries (2014), examines the employment outlook of African American and Hispanic workers and employment by gender in six industry segments: upstream, midstream, and downstream sectors of the oil and gas industry; petrochemical industry; capital investment in oil and natural gas transportation and storage infrastructure; and capital investment in the petrochemicals industry. API is the only national trade association representing all facets of the oil and natural gas industry, which supports 9.8 million U.S. jobs and 8 percent of the U.S. economy. API’s more than 590 members include large integrated companies, as well as exploration and production, refining, marketing, pipeline, and marine businesses, and service and supply firms. They provide most of the nation’s energy and are backed by a growing grassroots movement of more than 20 million Americans.

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ASHINGTON — Minorities are projected to fill an unprecedented number of jobs in the oil, natural gas and petrochemical industries — increasing from onequarter of total jobs in 2010 to one-third by 2030 — according to a new IHS report sponsored by the American Petroleum Institute. “The oil and natural gas industry pays wages significantly higher than the national average and can provide tremendous career opportunities for women and minorities,” said Jack Gerard, API President and CEO. “To lower unemployment and shrink the income inequality gap without spending a dime of taxpayer money, we encourage President Obama to embrace this pro-development energy opportunity.” Of up to 1.3 million new job opportunities in the oil, natural gas and petrochemical industries predicted by 2030, almost 408,000 positions — 32 percent of the total — are projected to be held by African American and Hispanic workers, according to the report. Women are estimated to fill 185,000 of those jobs, and 63 percent of new job opportunities will be in blue collar professions. “We have the natural resources and the technology to be a global energy superpower with all the economic and national security benefits that entails,” Gerard said. “Smart energy policy will create tremendous opportunity for hundreds of thousands of workers — from those with just a high school diploma and some post-secondary training to those with post-graduate degrees.” “As the study highlights job opportunities, it signals the tremendous need to prepare African Americans, Hispanics and women to be ready to fill the workforce gap,” said Paula Jackson, president and CEO of the American Association of Blacks in Energy. “These jobs in the oil and natural gas industry don’t just put people to work, they help to transform communities.” “This powerful and important report is a road map for workforce development stakeholders to align the content of their training with a sense of urgency to adequately prepare people for energy jobs,” said José L. Pérez, chairman and CEO Of Hispanics In Energy.

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resident, back when he was only 12 years old. He said his roots are in southern Tuscarawas County by attending school in Newcomerstown. He can also remember getting his first haircut at Poland’s Barber Shop in the village and visiting the dentist, Dr. Murray, in Newcomerstown. But, Miller is a true people-person and does his best to provide what the customer wants. “I try to take good care of them (the customer) to have what they need and what they want,” Miller said about his customers. Miller’s Clothing and Shoes also offers alterations and embroidery. Miller said he also has police, fire and deputy sheriff uniforms, and tries to purchase as much USA-made items as possible. Miller’s Clothing and Shoes is open Monday, Tuesday, Wednesday and Saturday from 9:30 a.m. to 5:30 p.m.; Thursday and Friday from 9:30 a.m. to 8 p.m.; and closed Sunday. They may be reached by calling 330-364-2688. u

EW PHILADELPHIA — For more than 36 years, Miller’s Clothing and Shoes in New Philadelphia has been supplying men with anything from suits to work boots. But there has become a shift in the need for flame and fire resistant apparel. The addition of “FR clothing” — as it is commonly referred to — is a result of the influx of the oil and gas industry workers coming to the area, said owner Marty Miller. The store carries flame resistant clothing from Wrangler and Carhart, as high visibility items. They also specialize in work boots that are needed for oil and gas field sites. Miller said “this is just the beginning” of the oil and gas industry boosting the local economy. Even though Miller’s Clothing and Shoes specializes in men’s clothing, they also offer and can order in flame resistant clothing for women. “If I don’t have it, I will do my best to get it,” he said. Miller is no stranger to merchandising or to Newcomerstown for that matter. He began stocking shelves at a New Philadelphia clothing store working for Norman Lereman, a Newcomerstown

Marc Kovac Dix Capital Bureau

OLUMBUS — Who controls the location of oil and gas wells — local communities with zoning regulations in place or the Ohio Department of Natural Resources? That’s the question the state’s high court is considering, following oral arguments Feb. 26 in a case that pits the city of Munroe Falls against the state and Ravenna-based Beck Energy. Beck sought and received permits from ODNR to drill in an area zoned for residential uses on Munroe Falls Avenue in 2011. The city challenged the location, saying local zoning rules prohibited drilling in the area and instead should be focused in industrial areas. The Summit County Court of Common Pleas sided with Munroe Falls. Beck Energy appealed and the Ninth District Court of Appeals ruled the driller had to comply with local ordinances regulating developers in general but that the city’s zoning rules specifically aimed at drillers were in conflict with state law. The city appealed that decision to the state Supreme Court. “The city of Munroe Falls would like to ask the court to support their traditional role of zoning which allows cities to plan for orderly growth,” attorney Tom Houlihan, who is representing the city, told the Ohio Supreme Court Feb. 26. Houlihan argued that the local zoning ordinance and state regulations could operate in harmony, because they address different issues. The zoning rules focus on the location, while ODNR regulates drilling methods and production. If a company wants to drill in a certain area, he said, they must ensure they comply with local zoning ordinances and get ODNR approvals. That didn’t happen in the Munroe Falls case. “The driller took the position that they didn’t have to comply with any of our regulations,” Houlihan said, adding later, “[ODNR is] granting permits for locations without any regard to whether or not the driller has

complied with local zoning.” Justice Judith Ann Lanzinger asked Houlihan about several other states and “are they all taking the position that local zoning can operate in addition to the state regulations?” “The same arguments advanced by the oil and gas industry here,” responded Houlihan, “were rejected in Colorado, Louisiana, Oklahoma and New York and most recently Pennsylvania. And what that teaches us, not that we follow the law of other states, but that the effective exploitation of oil and gas does not require the trammeling of local zoning. Texas is a great leader in that sort of production and that’s the way it’s built into their system.” Legal counsel for the state and Beck Energy Corp. countered that state law clearly gives ODNR sole authority to regulate the location of wells. “We think that local zoning ordinances trying to restrict oil and gas drilling to particular zones would conflict with the state law,” said Peter Glenn-Applegate, representing ODNR. Justice Paul Pfeifer pressed, “So the position of the state of Ohio through the attorney general is local zoning has no place in the regulation of oil and gas well drilling in this state?” Glenn-Applegate responded, “Yes, your honor.” Attorney John Keller, who is representing Beck Energy, told the court that current state law, dating to 2004, is based on experience over previous decades when the state and municipalities had authority together and then municipalities alone had the authority. Lanziger asked Keller about a comment made earlier by Houlihan that the state law does not bar municipalities from enforcing local zoning regulations. “There’s nothing that says municipalities do not have home rule authority in this statute, and there are other statutes that do have that case,” said Lanziger, with Keller disagreeing. “We believe it would be difficult to find stronger language as ex-

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pressed by the General Assembly beyond the sole and exclusive authority that the General Assembly chose to use,” he said. Glenn-Applegate told the court that the ODNR does take local conditions into consideration when granting permits. “ODNR is absolutely committed to the safety and welfare of the residents,” he said. “It’s not a permit that’s easy to get,” he added. “You have to comply with substantial regulations.” Justices will consider the case in coming weeks. There is no timeframe for them to issue a ruling. Stow Sentry reporter Jeff Saunders contributed to this story. Marc Kovac is the Dix Capital Bureau Chief. Email him at mkovac@ dixcom.com or on Twitter at OhioCapitalBlog.

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resistant clothing and safety supplies. Clothing brands include Bulwark FR and Wrangler (both regular and western). Clothing includes highly visible and fire resistance clothing. Safety equipment includes hard hats, glasses, fall protection, spill kits, site supplies such as slings, shackles and chains and mining supplies. Boot brands include: Justin, John Deere, Muck and Twisted X (a square toe, Texas style boot). “If we don’t carry it, we can usually get it for you,” she said. Utica Safety Apparel sells to both individuals and businesses. Business accounts are also available. Posada said the couple is planning to franchise the business and are looking for investors. For more information about Utica Safety Apparel, visit their web site - www.uticasafetyapparel.com or call (740) 619-0178.

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ELMONT — Utica Safety Apparel caters to workers and was started by an oil and gas worker and his wife to fill a much needed niche in the area. The newest store at 66665 Morristown Road, Belmont (next to Union Local schools) is the third location for the business started by Teresa Posada and her husband, Joshua to fill a need for oil and gas pipeline workers. A 6,000 square foot store located at 154 S. Main St. in Cadiz was opened in October of 2012. Posada said the couple, who are originally from northern Illinois, have moved with Joshua’s pipeline welding work, taking them and their two young children, Ava and Joshua, to Pennsylvania, Texas and Ohio. Teresa suggested the Cadiz location and was advised on what products to carry by both her husband and the guys in the industry. “We take pride in our industry knowledge and cover welders well,” she said. “We picked spots where there will be work for a long time.” Although started with oil and gas workers in mind, the business caters to miners and construction workers as well. “Our goal is to service as many workers in the field as possible,” Posada said. To better serve industry workers, the Barnesville office hours will be 10 a.m. to 7 p.m. Monday through Friday, 10 a.m. to 5 p.m. on Saturday and 10 a.m. to 3 p.m. on Sunday. Teresa said hours will be expanded as staff is added. The Cadiz store is open seven days a week from 8 a.m. to 8 p.m. Monday through Friday, 8 am. to 5 p.m. on Saturday and 10 a.m. to 3 p.m. on Sunday to meet the demanding work hours of their customers. Inventory primarily includes boots, work clothes, including fire

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he Ohio Oil and Gas Energy Education Program’s inaugural “Pipeline Award” was presented to Judie Perkowski at the Ohio Oil and Gas Association winter meeting recently in Columbus. Perkowski is a 15-year veteran staff reporter with The Daily & Sunday Jeffersonian and writes the majority of the shale articles for the newspaper and “Ohio Gas & Oil” magazine, a monthly publication of Dix Communications, the parent company of The Jeffersonian. “As a writer for the area newspaper and the Gas & Oil magazine, Judie has served as a “pipeline” of information to the public about the energy industry,” said Rhonda Reda, executive director of the Ohio Oil and Gas Energy Education Program. “Judie was among the first to recognize the changes that would ensue with the resurgence of the gas and oil industry in eastern Ohio, and eagerly took the initiative to cover the unfolding industry boom.” “It’s a very complex industry and I felt the more I learned about it, the more I could help educate our readers about the importance of gas and oil,” Perkowski said. “And while I know there is a lot of controversy about the gas and oil industry, we rely on petroleum for so many things, from transportation to manufacturing, and all of the thousands of products that are made from oil and used by us on a daily basis. “I am very appreciative of Rhonda Reda and the OOGEEP board of directors, for the Pipeline Award, and for the opportunity to report on the industry’s progress. I hope it will encourage other journalists to take advantage of the many stories that are waiting to be written about the oil boom in eastern Ohio.”

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EWCOMERSTOWN — The Chamber is marketing the village by promoting its more user-friendly web site, www.newcomerstown-chamber.com. They have also designed and had built a mobile app to promote Newcomerstown to the oil and gas community. The Chamber wants to play a role in helping individuals coming to the village with providing them the information they need as far as housing, food, clothing, health issues, etc. And the web site and mobile app will do just that. The Chamber has also provided its members with informational seminars regarding the preparation for the oil and gas boom with more being scheduled in the future. The Chamber just recognized members at its annual awards banquet. The banquet highlights the accomplishments of the businesses in the community, as well as recognizes the Veteran of the Year, Lifetime Achievement Award, Teacher of the Year, and Chamber Member of the Year. Meanwhile, Chamber members stay busy with all of their projects: Organizes the Health and Safety Expo, sponsors a Cy Young Days Festival scholarship at the queens’ pageant, organizes community yard sales, provides Business After Hours events for Chamber businesses, sponsors the Cy Young Run during the Cy Young Days Festi-

val, provides a golf outing for area golfers, sponsors merchants’ trick or treat, provides and organizes Toys for Local Tots, sponsors the Newcomerstown Christmas Parade, provides a decorated Christmas tree for the Christmas Wonderland on Olde Main Street, provides a team for the Big Brothers-Big Sisters Bowl For Kids’ Sake fundraiser in Newcomerstown, provides “Welcome Wagon” Committee to welcome new businesses to the village just to name a few. The Chamber also believed it was important that the Newcomerstown Police Department was well represented when pollice cruisers left the village for court appearances, etc. Therefore, the Chamber made a $300 donation to have one of the police cruisers re-painted. The Chamber has also been assisting the Newcomerstown Bicentennial Committee with its plans for this celebratory year. They have also been active in having ribbon cuttings to celebrate the openings of new businesses in the Newcomerstown area. The Chamber officers for the 2014-2016 include: Pat Cadle, president; Jeff Neidig, first vice president; Becki Allen, second vice president; Gary Chaney, treasurer; and Niki Wolfe, secretary. The group meets the third Monday of each month at noon. The location of the noontime meetings rotate each month. To learn more or to become a member of the Newcomerstown Chamber of Commerce, call 498-7244.

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AMBRIDGE — The Friends and Family Fest — A Shaleabration! is a day long, community event designed to celebrate our natural resources and offer attendees the opportunity to become familiar with the oil and gas industry. On May 10 from 9 a.m. to 7 p.m. the Guernsey County Fairgrounds will be full of educational exhibits and interactive activities for all ages to learn about our natural resources. The event is free to attend. May 11 is the rain date. The Cambridge Area Chamber of Commerce has developed an informational website describing the event. Shaleabration.com was launched to allow for a portal about the event. “The Chamber is excited about bringing all the partners together for this event,” said Chamber President Jo Sexton. “We have a great day of fun and educational activities planned. The new website will allow us to keep the community updated about this inaugural event.”

You can find the schedule of events, family oriented activities and exhibitor and sponsorship opportunities online at www.shaleabration.com. Watch the Dock Dogs competitions throughout the day, be entertained by The Whip Guy and the Ultimate Johnny Cash Tribute on stage. Kids can fish in the stocked trout pond and learn tips from Buckeye Sportsman Dan Armitage. Bring your own banjo for the Pickin’ Tent and visit the Native American pow-wow. Food, games and entertainment will be plentiful on stage and around the fairgrounds. While a huge line up of entertainment will attract many people to the Shale-abration, you’ll also walk away from this day with a better understanding of the role of our natural resources play in our everyday lives. Exhibit booths and vendor space now available! Call 439-6688 or visit www.shaleabration.com for more information.

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OOSTER — The major, multi-national gas and oil producers might not be as excited about Wayne County right now as they once were, but a Dublin-based energy company acquired the rights to 2,200 acres here to drill in the shallower Clinton sandstone formation. Cardinal Energy Group acquired the rights from Wooster-based Chase Energy Group in February 2013. Devon Energy held the deep drilling rights on the land for production, but now the company has abandoned this area, Cardinal Energy President and CEO Timothy Crawford said his firm needs to think about how to proceed. Cardinal acquired the shallow rights fairly inexpensively, Crawford said. “If we want to continue to hold (the land), we would have to pay leases.” When Cardinal acquired the leases, there was some excitement. “We are enthusiastic about this acquisition,” Crawford said a year ago. “We plan on drilling five wells in the first half of 2013 on the acreage acquired. The acreage is currently held by production by Devon Energy, which owns the deep lease rights.” Cardinal Energy, which has a couple of wells in Holmes County, has not drilled here ... yet. It has focused on Texas, where it purchased a 618-acre field with 32 wells.

“We’re targeting oil,” Crawford said. Company leaders revisited the idea of drilling five wells here, and if the price hits around $4.40 for a thousand cubic feet, then “it starts making sense to do gas wells, but how long will the price hold up? ... For a well to pay for itself, we need $4 MCF.” The Clinton and Berea sands have been productive for drillers in Ohio, said Eric Smith, board chairman of the Ohio Oil and Gas Energy Education Program and owner of Maric Drilling, Mount Eaton. Smith, who lives in Winesburg, has been involved in drilling wells since 1975 and started his company in 1995, said the industry had been relatively unchanged for nearly a century in Ohio. But, things changed dramatically within the past few years. Gas and oil companies generally were family businesses started by someone’s grandfather, and they were drilling in the Clinton and Berea sands. Then, along came horizontal drilling, hydraulic fracturing and a shale play that attracted big, multi-national producers, “almost putting the legacy producers out of business,” said Smith, who operates “a little drilling company.” Because of the big corporations coming in, it has not done much for production for small companies like Maric Drilling. With natural gas prices low, it is not economical for legacy producers to drill

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for natural gas, Smith said. From Smith’s perspective, the large producers come in, produce a well and when production declines, they want to get out, sell it and have someone else come in. Cardinal Energy has generally purchased wells where production had diminished. It would go in, do some rehabilitation of the wells and increase the productivity, Crawford said. “This industry is always cyclical with its ups and downs,” he said. “What is different now is shale is so big, I see no ups for conventional producers.” Reporter Bobby Warren can be reached at 330-287-1639 or bwarren@the-daily-record.com. He is @BobbyWarrenTDR on Twitter.

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EWCOMERSTOWN — Franklin Equipment has opened its fourth Ohio location at 6206 US Highway 36 SW, Newcomerstown This branch will offer equipment rentals for construction and landscaping businesses and for the oil and gas industry. Parts and service for any equipment brand are available. This location is Franklin Equipment’s fourth in Ohio. Customers may reach the new branch by calling 492-0455. “We’re excited to open this branch,” said Tony Repeta, general manager of Franklin Equipment. “There has been explosive growth in the area, especially in oil and gas. We hope our equipment rentals will be helpful for all the industries that are building there.” Franklin Equipment offers rental equipment as well as new and used equipment and parts and service for the full range of construction and landscaping equipment. Franklin serves a wide variety of customers, from private land-

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ARROLLTON — Carrollton High School’s Fine Arts room was filled to capacity March 6, for Carroll County Energy’s hearing with the Ohio Power Siting Board. Carroll County Energy, LLC proposes to construct a 700-MW, combined cycle generation facility which will be powered by natural gas. Located in Washington Township, Carroll County, the company intends to utilize gas combustion turbine generators with heat-recovery steam generators and a single-steam turbine generator. Although there was no opposition to the plant at the hearing, one resident, Harold Shurtz of Mobile Road, Carrollton, sent a letter to the OPSB asking the board not to approve the plant until the issues he mentions in his letter are “addressed and verified.” Although he stated he intended to attend the hearing and “hope to address my issues,” Shurtz did not give testimony. In his letter to the OPSB, Shurtz expressed concerns regarding road access to building, location of water and sewer connections to plant, proximity to residences and noise level. Larry Jenkins, whose family sold the 77 acres to Advanced Power, the parent company of Carroll County Energy, pointed out during his testimony that the decision to sell the land was not made lightly. “I am the third generation to farm that land,” he explained. “As a father, I hope my child and my brother’s child will also be part of the farm.” “Before we sold a piece of our farm that we hold close to our hearts, (Carroll County Energy) flew us out to see a similar plant in New York,” he said. “It was a hard decision to make, but we saw nothing wrong with that plant. We will continue to farm on our family’s land.” As a resident who lives nearby on Brenner Road, Robert Wirkner, who also serves as Carroll County commissioner, spoke in support of the project. State Senator Lou Gentile (D-30th District) commended the board for allowing residents living near the proposed site an opportunity to ask questions and give testimony. He believes the construction of the plant “will have an economic impact not only in Carroll County, but the state of Ohio.” “I am here to advocate for good paying, skilled-labor jobs,” Gentile said. “We have a great domestic resource in the shale gas and understand that it can bolster our local economy.” The proposed project expects to create 500 construction jobs during construction resulting in an estimated $184.7 million in wages. Construction is estimated to have a total economic impact of $943.8 million for the state of Ohio. Upon the start of commercial operations, there are expected to be 25-30 permanent operations jobs. Carrollton Exempted Schools Superintendent Dr. Dave Quattrochi noted local students “would have an opportunity to have decent pay-

ing jobs.” He pointed out the district’s recent $4 million Straight A grant, which focuses on science, technology, engineering and mathematics, “fits well with the Carroll County Energy project and gives the district not only the opportunity to receive some revenue (through taxes), but provides the students an opportunity to partner with Carroll County Energy.” Quattrochi calls the proposed plant a “win-win” for the students “who are the future of this great county.” Carroll County Commissioner Jeff Ohler believes “it is our time. It is an exciting time for the county.” Excited about the project, Ohler pointed out the plant will be able to use the raw natural gas on site. “They don’t have to go that far to get their resources. There is no truck traffic with this project. The gas will come in on the pipeline and the power will go out on the power lines,” he said. “It will also give (the county) an opportunity to develop its water and sewer lines,” Ohler said, noting the county does not have the necessary infrastructure in the commerce park to meet the needs of prospective businesses. Most of those giving testimony in favor of the power plant were union representatives whose members live and work in Carroll County. Dave Kirven, representing the East Central Ohio Building and Construction Trades Council, stated the project would help his members, who have been struggling since the 2009 recession. He noted his counterparts in New York reaffirmed Advanced Power’s commitment to use local workers. Several referenced Shurtz’s concerns regarding noise and property access. James Condrich, vice president of Boilermakers Local Lodge No. 744 in Cleveland, noted the union represents “highly trained and highly motivated workers” who are respectful of residents’ concerns and the environment. Matt Szollosi, executive director of Affiliated Construction Trades of Ohio, calls the project a “win, win, win for the local economy, the workforce, the county and the state.” Addressing Shurtz’s concerns, Szollosi said the skilled workforce “will do their part to minimize impact on the neighbors and adhere to local requirements for noise and egresses. There will be some inconveniences, but this plant will help anchor the local economy for years to come.” Also speaking in support of the project were Carroll County Chamber of Commerce Executive Director Amy Rutledge, Sherrodsville resident and a former economic-development director Patricia McCullough, Carrollton businessman Todd Kelchner, Iron Workers Local Union No. 550 President Rick Moss and Business Manager William Sherer II.

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T. CLAIRSVILLE — Belmont College welcomed officials from Washington State Community College to sign an agreement that will provide Belmont College students the opportunity to seamlessly complete the Associate of Applied Science Process Technician degree. The signed agreement will permit students to complete 45 hours toward the Process Technician degree at Belmont College and then 20 hours of WSCC online classes to complete their degree. “I believe that this partnership is beneficial for our students,” said Dr. Joseph E. Bukowski, president of Belmont College. “The timing of this program offering is important to meet the needs of the emerging oil and gas production jobs at local processing facilities and future petro-chemical industries.” The Process Technician program was designed in conjunction with local industries to provide graduates the skills and education needed to be considered for employment as a Process Technician or Chemical Operator. Process Technicians or Chemical Operators may find jobs in many industries including: oil and gas processing; plastics; pharmaceutical and energy production.

“It makes perfect sense for WSCC and Belmont College to collaborate on the Chemical Operator program,” said Dr. Bradley J. Ebersole, president of Washington State Community College.“This agreement promotes efficiency and serves the needs of students. I am proud of this partnership.” Graduates of the program will be able to: • Demonstrate how to inspect and maintain equipment, take samples, record data, troubleshoot problems, and analyze products on a routine basis. • Understand how to maintain regulator and environmental standards. • Understand the role of a chemical operator in control rooms. • Demonstrate the ability to maintain the safe manufacture of products. • Demonstrate good communication skills, both written and verbal, enable the graduate to work effectively with engineering and production personnel. For information about the Process Technician degree, contact an enrollment services associate at 740-695-8516, or visit belmontcollege.edu.

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he Columbiana and Carroll county health departments are encouraging residents and industries to know where all of their utilities lie, including water wells and septic systems, to alleviate potential healthrelated issues. As the oil-and-gas boom has moved its way into both Carroll and Columbiana counties, so has the importance of pipeline placement in order to get the materials to market. However, the placement of most public utilities is unregulated in both counties. According to the Public Utilities Commission of Ohio, the Ohio Power Siting Board certifies intrastate gas pipelines within the state of Ohio that are greater than 500 feet in length and 9 inches in diameter and designed with a maximum allowable operating pressure of greater than 125 psi. Gathering lines and liquid lines fall under local zoning jurisdiction. The PUCO only regulates the safety aspects of the gas lines. A gathering line is any pipeline upstream from a processing facility, any line carrying gas from a processing facility to a fractionation plant and any line carrying natural gas from a processing plant to an interstate or intrastate pipeline. Unless a township has zoning, there are no regulations on placement of these lines. Production lines are under the jurisdiction of the Ohio Department of

Natural Resources. ODNR’s Oil and Gas Division only regulates pipelines involved in the operation of the well; for example, pipelines used to transport oil to the storage tank or gas to a point of delivery for the purpose of sale. Interstate Natural Gas Transmission lines are regulated by the Federal Energy Regulatory Commission. These are the major pipelines, which connect to other major pipelines in other states. The Columbiana and Carroll county health departments regulates the placement of septic systems and water wells in their respective counties. It is important that the septic system and/or water well are properly located on the parcel before placing utilities that may cause potential contamination and failure. Septic systems and water wells must maintain a separation distance of 10 feet from any right of way or easement. The Columbiana and Carroll county health departments encourage homeowners and/or companies to call the health department, along with PUCO, before digging. Please contact the Columbiana County Health Department at 330-424-0272 or stop by the office Monday through Friday, 8 a.m.-4 p.m., at 7360 State Route 45, Lisbon for more information. Carroll County residents can contact the Carroll County Health Department at 330-627-4866 (ext. 22) or stop by the office Monday through Friday, 7:30 a.m.-4 p.m., at 301 Moody Ave., S.W., Carrollton.

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OOSTER — In 2010, the staff of The Daily Record in Wooster started receiving calls about people coming into the Wayne County Recorder’s Office dredging through deeds. They were looking through the gas and oil leases. People also started calling the newspaper about landmen approaching property owners and offering them $20 an acre to lease deep drilling rights on their properties. Some thought $20 an acre a year for land that had been unproductive, in terms of gas and oil drilling, did not seem too bad and accepted the offer. Property owners became concerned about what the oil producers might do to the land and whether lease offers would be fair, and they started forming landowner groups. Wayne County Farm Bureau had its concerns, too, and arranged for public information meetings in conjunction with the Ohio State University Wayne County Extension Office. Attorneys were busy working with clients, helping them navigate through the process. After all, it was a David-and-Goliath situation with these billion-dollar, multi-national energy corporations approaching farming families in rural Wayne County and trying to convey what was in their best interest when it came to their land. Lease amounts began to rise. The Recorder’s Office saw more activity. There were more landowner meetings and more Extension-led informational meetings. On paper, everything in this area looked as if everything was headed in the direction of higher lease payments and more deep, horizontal wells. At one point, an attorney speculated any farmer or family with significant acreage was sure to be an instant multi-millionaire from lease payments. Hopes were raised further when Devon Energy Production received permits to drill in Ashland County, Lodi and then in Wayne and Holmes counties. But, Devon officials were not too keen on the production of the wells at the time and decided to exit this market. Recorder Jane Carmichael recalled the progression of activity in her office, how it was slowly built. However, in the past six months she has not seen much action. The numbers bear this out. The activity began in 2010 when 228 lease-related documents were filed with Carmichael’s office. The number nearly tripled in 2011 with 643 documents filed. Then, the activity began to slow down. There were 369 documents filed in 2012 and just 184 in 2013. Chris Finney, an attorney with Logee, Hostetler, Stutzman and Lehman, said he would get about eight to 10 appointments over a few days to review leases. It turned out, the leases were the same and generally came from the same meeting. Most were unfavorable for the property owner and needed some revision, he said.

“Many people signed these leases early on for under $100 per acre,” Finney said. “The most that I have actually seen paid for Wayne County property is $2,500 per acre. I have had many landowner clients who were promised $3,000-$4,000, but none of them ever received the money.” Since the end of 2011, Finney has had only a handful of clients ask him to review leases. The excitement around Devon constructing a well near Apple Creek is gone. “At that time, that well site was saturated with vehicles and equipment,” Finney said. “If you were to drive by that site today, I don’t think you could even tell where it was.” Finney remembers those talks about millions of dollars for all of the farmers in the area. “That may still happen, but it hasn’t happened to anyone yet that I am aware of,” he said. John Cook, a partner with the accounting firm of Long, Cook & Samsa, and Mark Witmer, president and chief executive officer of First National Bank, have clients who did do well with gas and oil leases, but they were for properties to the east. “A lot of people bought hunting property in Southeast Ohio, like Harrison, Carroll and Monroe counties, and they bought it years ago. Now, they got a big check for leasing,” Witmer said. “The area of gas and oil leasing and activity has become more focused in a half dozen counties” in Ohio, like Belmont, Monroe, Guernsey and Carroll, said attorney Dan Plumly of Critchfield, Critchfield & Johnston. The major producers are flocking to where wet gas has been discovered and where it is easier to extract from the ground. “Where would you drill?” Plumly asked. “Would you go for the lowhanging fruit or the high-hanging fruit?” While the hydrocarbons are here in Wayne and Holmes counties, it is more difficult and more costly to get it, Plumly said. When the technology improves and there are better and more cost-effective recovery methods, Plumly predicts there will be more drilling here. “My understanding is that the oil and gas companies will be back in this area in the next 10 years or so,” Finney said. “The biggest benefit to landowners in Wayne County is that they now have time to become educated on the subject. Three or four years ago, most people in this area had no idea what fracking was or that oil could be produced from shale or that such shale is here in Wayne County. Now I think it would be difficult to find anyone in the area who hasn’t heard of fracking or oil shale. “I think the lessons to be learned from a few years ago are not to rush into signing anything without a thorough review, consider joining a landowner group and know the status of your right to lease your property. If you didn’t sign a lease yet, you now have time to educate yourself without someone pressuring you to sign a lease.” Reporter Bobby Warren can be reached at 330-287-1639 or bwarren@the-daily-record.com. He is @BobbyWarrenTDR on Twitter.

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OLUMBUS — The state Controlling Board ages at $3.44/gallon. The price of CNG is $2 [per gallon equivaOK’d a $100,000 grant for efforts to help lent].” The funding approved by the Controlling Board was part of Trumbull County officials gauge the benefits of using vehicles that run on compressed natu- nearly $2.5 million in grants and loans approved as part of the Development Services Agency’s Local Government Innovation ral gas. The funds will be used by the Trumbull County engineer for Fund. The latter backs projects that promote “collaboration, effia two-part feasibility study on the advantages of converting existing vehicles or purchasing new ones, as well as the potential ciency, mergers, and shared services among local governments,” according to documents. “Projects are also expected to facilitate construction of a CNG fueling station in the county. The Trumbull County commissioners, Howland and Weathers- improved business environments and promote community atfield townships, Dominion East Ohio and Stanwade Inc. will be traction.” The Local Government Innovation Council signed off on the involved in the study. Eastern Ohio’s emerging shale oilfields have prompted in- funding at its December meeting. creased attention to using natural gas in private and public fleets. Marc Kovac is the Dix Capital Bureau Chief. Email him at According to documents, “CNG is significantly cheaper than mkovac@dixcom.com or on Twitter at OhioCapitalBlog. gasoline, which averages $3.50/gallon, and diesel, which aver-

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ORTH CANTON -- The Ohio Manufactured Homes Association presents the Eastern Ohio Home Show, the “Showcase of Factory Built Homes,” May 16-18 at the Maps Air Field Museum, 2260 International Parkway, North Canton. The Eastern Ohio Home Show will feature 20 fully furnished and landscaped homes, representing 14 factory-built homebuilders. The show also offers more than 35 indoor exhibitors, including lenders, modular-home communities, retailers, home related service/suppliers and local businesses. On Friday, May 16, the show will open early for industry companies and local leaders. The public show will begin Friday evening at 4 p.m. The public will have the opportunity to purchase/order homes during the show and pre-qualify for loans (consistent with state/federal lending regulations). The event is open to the public 4-8 p.m. Friday, May 16; 9 a.m.-6 p.m. Saturday, May 17; and noon-5 p.m. Sunday, May 18. The MAPS Air Field Museum has graciously waived the $8 admission fee during show days and will have military veterans on hand for

the numerous military aircraft and museum exhibits. The OMHA anticipates 3,000-5,000 or more visitors during the show as live radio broadcasts, mass flyer/ticket distribution and exciting giveaways are planned. There is no charge for the public to attend, free parking is also available. See the show website for additional information at www.easternohiohomeshow.com. The OMHA is proud to be able to provide the public with the opportunity to consider the dream of quality and affordable homeownership opportunities. Homes are built in a factory-controlled environment where each home is inspected by federal government authorities. Three additional onsite inspections by the State of Ohio provide homeowners with the strongest consumer protection and safety program in the country. The public will have the opportunity to purchase homes and prequalify for loans. A typical new factory-built home of 1,500 square feet with three bedrooms, two full baths and many amenities on average cost $50,000–$60,000. Single section homes are approximately $25,000$39,000.

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Ohio Gas Association 2014 Market Conditions Conference, Columbus Hilton at Easton. For more information go to www.ohiogasassoc.org.

July

2014 Pig Roast, Equipment Show and Conference, Seven Springs Mountain Resort, Champion, Pa. For more information go to www.pioga.org.

15-16 April -May

30-1 May

May

13-14 June

3-5 June

11 July

14-15

Ohio Valley Regional Oil & Gas Expo, Belmont County Carnes Center, St. Clairsville. For more information go to www.ohiovalleyoilgasexpo.com. Oil & Gas Basics Seminar, presented by Matt Vavro of Vavco LLC, The Grand Pointe Conference Center, Vienna, W. Va. For more information go to www.vavcolic.com. 2014 Eastern Oil & Gas Conference and Trade Show, Heinz Field, Pittsburgh. For more information go to www.pioga.org. DUG East Conference and Exhibition, David L. Lawrence Convention Center, Pittsburgh. For more information go to http://www.dugeast.com Utica Capital Series: Midstream Ohio 2014, Courtyard by Marriott, Canton. For more information go to www.cantonchamber.org/ utica-capital-series. Ohio Gas Association 2014 Annual Meeting, Columbus Hilton at Easton. For more information go to www.ohiogasassoc.org.

22-23 August

4-5 October

December

2-4 March

11-13 March

16-18

OOGA Summer Meeting and Patriot Award Ceremony, Zanesville Country Club.

33rd annual Probate Practice Seminar, Squaw Creek Country Club, Vienna, Ohio. Featured speaker is Jeff Kern: Shale Valuation Estates. For more information go to trumbullprobate.org 2014 Oilfield Expo, International Exhibition (IX) Center, Cleveland.

2015 OOGA Winter Meeting, Hilton Columbus at Easton.

2016 OOGA Winter Meeting, Hilton Columbus at Easton.

TOP COUNTIES WITH HORIZONTAL DRILLING ACTIVITY BY NUMBER OF SITES

1. Carroll County 391 2. Harrison County 200 3. Columbiana County 100 4. Belmont County 97 5. Monroe County 89 6. Noble County 79 7. Guernsey County 69 8. Jefferson County 41 9. Mahoning County 29 10. Portage County 15 Tuscarawas County 15 Trumbull County 15 11. Stark County 13 12. Washington County 10 13. Coshocton County 5 14. Morgan County 3 Muskingum County 3 Holmes County 3 15. Knox County 2 16. Ashland County 1 Astabula County 1 Geauga County 1 Medina County 1 Wayne County 1 WELL SITES IN VARIOUS STAGES: PERMITTED, DRILLING, DRILLED, COMPLETED, PRODUCING, PLUGGED SOURCE: OHIO DEPARTMENT OF NATURAL RESOURCES AS OF 3/15/14

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he STEPS (Service Transmission Exploration Production and Safety) Network has a mission to provide incident-free operations as it promotes safety, health and environmental improvement in the oil and gas industry in Ohio. It has been in operation in West Virginia, Pennsylvania and Ohio for a while, and the goal now is to expand the Ohio operation, called Buckeye STEPS. The STEPS Network aims to create a work environment that relies upon open communication and trust. Joe Greco, of Buckeye STEPS, who gave a recent talk on the subject in Stark County, said there is a free and equal exchange of information between Buckeye STEPS and OSHA. “Some people get nervous when they hear the name OSHA. But, they don’t really come after us. They will help us,” Greco assured. In fact, the STEPS Network started out as an OSHA idea, due to fatalities in the oil and gas industry in South Texas that were eventually linked to subcontractors there working on BP projects. Then, in 2011, STEPS became a

national program. “We put a sharp focus on how we train people,” said Greco. “We don’t do the training, but we have train the trainer programs and we have formed partnerships to handle training for us.” The Buckeye STEPS Network encompasses the geographic region of Ohio and it also welcomes participation and membership from its neighbors in West Virginia and Pennsylvania. The Buckeye network meets periodically to share and discuss safety, health, and environmental incidents, best practices and related matters; establishes focus groups to address specific issues; and works with other organizations, including OSHA, IADC, API, EPA, Ohio EPA, and emergency management agencies, among others. Member companies are asked to designate representatives to participate in meetings, and contribute knowledge, information and support. Buckeye STEPS also keeps its members up on local, state, and federal initiatives, rules and regulations. For more information, visit www.buckeyesteps.org.

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OLUMBUS — API Ohio Executive Director Chris Zeigler issued the following statement regarding the release of the 2014 Mid-Biennium Review bill: “We share the Administration’s goal of encouraging development of Ohio’s promising Utica shale resources, a commitment highlighted in JobsOhio’s most recent economic development strategic plan. However, the severance tax proposal included in the MBR is a significant roadblock to achieving this goal. “If this proposal becomes law, it has the real potential to place a chilling effect on the short and long-term economic value of this shale play. This will not only negatively impact drilling and midstream development, but it could also jeopardize downstream growth in the manufacturing, chemical and

polymers industries. “Ohio’s oil and natural gas industry pays its fair share of taxes and more. Our members pay the same taxes paid by other businesses, in addition to the severance and ad valorem taxes unique to the industry. If this proposal were passed, our members would pay 10 times more in gross receipts tax than any other Ohio industry subject to the commercial activity tax. This is simply unworkable. “We are willing to assist the administration in any way we can to get this right. However, a lot of work needs to be done before this proposal becomes a viable economic structure for the companies considering the investment of billions of dollars into Ohio’s physical and economic infrastructure.”

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markets to branch into, according to Sutter. To do so, Sutter said that his company may have to take a new approach. “For some people, it is almost that you have to go out to the oil site and find out who the foreman is and start asking that way. That can be a tough business because you are just bouncing from oil site to oil site. The trick is to try find out to get in with the corporate offices and get set up. “ Sutter said. The company is determined to become more involved in the industry. Sutter said he feels that the industry would be a positive arena to grow. “We have not been able to [ break into the oil and gas industry] yet, but we are still working on it.” Sutter said. u

KRON— Excelsior Marking, a marking and engraving company in Akron, Ohio, is an example of a non-oil related business which is trying to apply its expertise to the field. Excelsior Marking currently works inside many industries. Examples are tires, name plates and barcode labels. Now that it is trying to branch into the gas and oil realm, finding the right role is the biggest priority. “We are hoping to find the niche that we can supply for the oil and gas market,” said David Sutter, the president of Exselsior. “Whether that be providing tags and different types of products for marking on the oil sites, or machining some small parts for them … There are a couple things that we can provide for them and that is what we are trying to break into.” Excelsior has done a lot of ground work to break into the industry and make the right connections. They joined the Ohio Oil and Gas Association last year and have tried to introduce themselves to corporations who may need their services. Along with networking through memberships, they have also visited events to get their company name known. Recently, the company was a part of the Cleveland Oil Expo. They have also attended several seminars on the industry. However, despite their efforts, Excelsior has found it somewhat difficult to establish themselves. “What we have learned is that it is a tough industry for small companies like us to break into,” Sutter said. “What I have found is that the larger companies aren’t based in the area. Their headquarters are elsewhere. Even though there is a lot of activity with natural gas it is hard to get to the buying influences” But Sutter said that through the OOGA, the company officials have met a few potential customers and made some contacts of who could help them break into the field. Excelsior employs 24 people and are always looking for new

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OOSTER — The “tough” mineral owners who think they hold all the cards by refusing to enter into a Utica lease for their land should be warned. Holding out may cost these landowners in both lost royalties and bonus payments. An Ohio statute that has been on the books for nearly 50 years is being used by Utica producers to force unwilling (or unknowing) landowners into drilling units so their land can be developed for oil and gas. Ohio’s unitization statute, found at Ohio Revised Code Section 1509.28, was originally enacted in 1965 and recently amended as of September 13, 2013. Under this statute, producers can file an application with the Ohio Division of Natural Resources (“ODNR”) to pool (or include) unleased property to become part of a drilling unit. The producer must have at least 65% of the unit under lease. In addition, the producer must present evidence that a unitization order is “reasonably necessary to increase substantially the ultimate recovery of oil and gas, and the value of the estimated additional recovery of oil or gas exceeds the estimated additional cost [of operating the unit].” The philosophy behind Ohio’s unitization law is based on the theory of correlative rights, which applies when many landowners have access to a sharing pool of natural resources. Under this theory, a few landowners cannot prevent the development of larger tracts of land where the large majority of other landowners have already agreed to leases and are willing to reap the benefits of the minerals. If the ODNR is satisfied that an application and the proposed unit complies with the statute and is necessary for increased recovery, it will issue a unitization order. Because forced-in landowners have not signed a lease, the ODNR will typically decide how much royalty and lease bonus the forced-in landowner will receive. In two recent cases involving Chesapeake, the forced-in landowner received only a 1/8th (12.5%) royalty interest, which is significantly below the range of landowner royalties that have been recently paid by Utica producers in Ohio under voluntary leases. In addition, the forced-in landowners received no lease bonus payment, thus forfeiting bonus payments that can sometimes exceed $7,000 per acre in certain prime areas. Accordingly, it is important for landowners who own larger tracts of land in the Utica sweet spot and who are unwilling to enter into arms-length leases with Utica producers to consider the impact of Ohio’s unitization statute. “Tough guy” landowners who think they hold the cards and can block Utica development may want to think twice. Those who refuse to sign leases may be subjected to ODNR forced unitization orders, meaning they will likely receive belowmarket royalties and will miss out on bonus payments altogether. Although it may not seem fair, that is the law in Ohio. David J. Wigham is a second generation oil and gas attorney

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OLUMBUS — The Ohio Oil and Gas Association 67th Winter Meeting, March 5-7 at the Hilton Easton Hotel in Columbus, attracted 80 exhibitors and 1,400 attendees, including many gas and oil representatives from around the country, most notably from major oil producing states. The premier event was filled with information in the form of session speakers, handouts from exhibitors, and social events providing the stage for the best networking forum of the year. Opening remarks from OOGA President David Hill emphasized the opportunity to learn about new businesses, develop new relationships and meet up with old friends. The event was not without recognition of people who have demonstrated their commitment to the industry. On the first evening of the conference, a number of veterans were honored as inductees into the OOGA Hal of Fame. “Every four years we set aside an evening to take the time to honor men and women who have helped to make the Ohio Oil and Gas Association one of the most powerful and respected trade organizations in the U.S,” said Hill. “The OOGA Hall of Fame honors the 2014 inductees into this prestigious group. The individuals selected are passionate about and committed to Ohio’s oil and gas industry. We thank them for their unwavering support and congratulate them for achieving the industry’s highest honor in Ohio.” The 2014 OOGA Hall of Fame inductees are: Fred A. Badertscher — Owner of Buckeye Water Services Robert D. Barrick — Employee at Tech Star, Inc. Thomas P. Giusti — Principal at Clark, Schaefer, Hackett & Co. Steven L. Grose — Partner at Concord Park Energy Development, LLC. James R. Halloran — Vice president at PNC Wealth Management Carl Heinrich — Partner at Heinrich Enterprises, Inc. Dr. William Hlavin — President and owner of Bass Energy, Inc. Angela Howard — Retired, OOGA member Thomas E. Niehaus — Principal at Vorys Advisors, former Ohio senate president Richard C. Poling — Owner of R.C. Poling, Co. James R. Smail — Owner of J.R. Smail, Inc. Thursday’s opening session was moderated by Jonathan Hudson, president of Appalachian Well Surveys, Inc. in Cambridge, who introduced session speakers Tom Stewart, executive vice president of OOGA, who addressed challenges, past and present, faced by the oil and gas industry. Melissa Agnes, president and co-founder of Agnes+Day, who developed a crisis management, planning and training program to help corporations manage a variety of corporate issues and crises,

and Alex Epstein, president and founder of the Center for Industrial Progress, a for-profit energy think tank seeking to bring about a new industrial revolution. Later in the day Mike Chadsey, director of public relations for OOGA, introduced Jody Jones, manager of environmental and regulatory affairs for Chesapeake Energy, who reported on new rules for horizontal well site construction. “New rule revisions or additions require approval of the process for pad construction and professional engineer certification as it is being built, dust control plan during construction, and professional review of plans certifying work is being done according to written plans. Any modification done must be approved by a professional engineer and submitted to the Ohio Department of Natural Resources before any activity begins. “A legislative review of the new rules will determine if the ODNR is overstepping its boundaries, with further clarification on the agency’s oil and gas division’s sole and exclusive authority relating to oil and gas exploration and development,” said Jones. There are several court cases pending in regards to the interpretation of regulations. Other speakers were Pete MacKenzie, OOGA vice president of operations, who said we are on the leading edge of a boom, with a “trailing edge” that will follow. Ohio State Rep. Dave Hall who represents Ashland County, as well as part of Holmes and Medina said he “applauds the industry for being aware of what’s going on in the industry today. I want it to grow and more forward,” he said. The ubiquitous Shawn Bennett of Energy in Depth Ohio, analyzes and researches energy and environmental issues. He works with the business community, public officials and residents in eastern Ohio regarding safety and economic benefits of gas and oil exploration. Bennett, Chadsey and Anne Carto, OOGA communications coordinator, presented a short video of how gas and oil protestors present inaccurate information and how it is reported by the media. “We have to hold these people accountable for every statement they make, valid or invalid,” said Carto. “If it wasn’t really happening it would be funny.” Bennett said “perception is reality,” and many people believe fracking is some kind of “new technology. We need to be out there talking, texting, emailing and tweeting truthful information.” Jonathan Airey, of the law firm of Vorys, Sater, Seymour and Pease, LLP in Columbus and general counsel for OOGA, said there are several cases in progress involving energy companies. The Morrison (Munroe Falls) vs. Beck Energy case was recently heard by the Ohio Supreme Court. The issue: The state’s sole and exclusive authority versus local zoning. A decision is expected by fall. “Most of the litigation we handle relates to well producing activity,” said Airey.

An executive panel comprised of industry leaders and moderated by Hill answered questions typically asked at a press conference. Bart Brookman, chief operating officer, PDC Energy; Tim Clawson senior operations engineer, Antero Resouces; Melissa Hamsher, vice president, Eclipse Resources; and Paul Wiessgarber, senior vice president, Crosstex Energy, presented opinions about protection for employees and employers, the industry’s biggest challenges, job creation and technology. A legislative update by Tom Stewart and Brian Hickman focused on the OOGA’s continuing battle with Ohio Gov. John Kasich over the proposed increase in the severance tax. Friday’s agenda included updates on exploration, midstream operations, energy markets and rural education. Last, but not least, the Ohio Oil and Gas Energy Education Program’s membership luncheon and awards program where OOGEEP Executive Director Rhonda Reda presented Jane Hunt the “Teacher of the Year” award. Hunt is a teacher at Upper Arlington High School. Also on the receiving end of the inaugural “Pipeline” award, was Judie Perkowski, writer for The Daily & Sunday Jeffersonian and The Ohio GAS&OIL magazine. Reda presented OOGEEP’s annual report which included the program curriculum: a student safety campaign, Disney science events in Ohio, a wide variety of teacher workshops, scholarships, student education, industry workforce development, research, landowner information contacts, and guest speakers. The organization’s firefighting training is second to none, and a model program for more than 1,000 Ohio firefighters and emergency medical technicians. OOGEEP is also involved in creating an engineering merit badge for the Boys Scouts. Reda also lamented the proliferation of anti-fracking demonstrations, while small, are all too frequent. “I am tired of playing on an unequal field. We face fierce opposition and anti-fracking attitudes on a daily-basis. We want innovation to make a difference, not wallow in uneducated, damning comments from those who have no idea the huge role gas and oil plays in our lives. We need to educate our children as well as the public. “Not every child is destined for college. We must make sure we have an education system that meets the needs of all students, including those in vocational and technical schools. We need to articulate and collaborate with economics, education and engagement so we can all benefit,” she said. OOGEEP is a non-profit statewide education and public outreach program created in 1998 as the education division of the Ohio Oil and Gas Association. OOGEEP has gained respect from a variety of target markets by earning a reputation as a credible state and nationally recognized program. Providing factual information about the crude oil and natural gas industry, many programs have related curriculum and materials that meet state and national standards. OOGEEP is voluntarily funded by Ohio’s crude oil and natural gas industry through a voluntary assessment on the production of all crude oil and natural gas produced in Ohio. OOGEEP is not a state agency and does not utilize any taxpayer dollars.

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OLUMBUS — When it comes to understanding language used by the gas and oil industry in contracts, and even if you have been in the gas/oil business for many years, legal expertise is not only recommended it is absolutely necessary, said Michael Braunstein of Goldman & Braunstein LLP, eminent domain lawyers. Braunstein held an informal town hall session at the Pritchard Laughlin Civic Center in Cambridge last month to advise landowners about negotiating appropriate compensation for easements granted to Bluegrass Pipeline, a company formed by the Williams Company and Boardwalk Pipeline Partners. “The exact location and counties in the pipeline’s path will be based upon easements the project sponsors are able to secure,” said Braunstein. “We are here to make sure landowners are treated fairly, that their land is adequately protected and the pipeline company is offering fair compensation. The lawyers’ hourly fee of $400 covers negotiating paperwork, including representing you in court, if necessary. “We pay 25 percent over and above what a pipeline or oil company has offered. There are no add-ons. And, if you hire an expert or appraiser to determine what a company will offer, that fee is deducted from ours,” he said. When asked about eminent domain, Braunstein said, “court cases are not clear. If eminent domain is claimed by the pipeline company and it ends up in court, one thing is clear, the

company cannot put a pipeline on your property until compensation is decided by a jury. You are entitled to fair market value, determined by a survey of your property before the pipeline is constructed on your property, and after the pipeline work is completed and to the extent of any property damage. The property affected is how it relates to where the pipeline will be on your property.” An example of eminent domain is a court case involving Enterprise Liquid Pipelines, a Texas-based corporation which plans on constructing the Appalachia to Texas ATEX pipeline across the state, and claims that it — by itself and without government approval — can take Ohioans’ homes and land pursuant to an arcane Ohio statute. Enterprise is relying on Ohio Revised Code Section 1723.01, which appears to permit certain private pipeline companies to “appropriate so much land ... as is deemed necessary ... for the laying down of pipes.” Decision forthcoming. The Bluegrass Pipeline is not without its own troubles. In a story in the Feb. 20, 2014 edition of the State Journal in Frankfort, Ky., said Williams announced on Feb. 19, 2014, the company is delaying the completion of the Bluegrass Pipeline about a year, from 2015 to mid-to-late 2016. Spokesman for Williams said “the new time frame is more consistent with evolving market conditions. The company said they are still in discussions with customers and a decision will be based on customer commitment and regulatory approval.”

Envision Franklin County (Kentucky), a leading opponent to any further compensation, and the same thing could occur a the Bluegrass project said opposition [to the project] definitely couple of years down the road. “Do not sign any forms or documents from the pipeline rephad an impact on the company’s decision. Franklin County is resentatives until a lawyer has reviewed the documents.” approximately 60 miles from the proposed pipeline route. For more information, call Braunstein at 614-229-4540. The plan for the 1,100 mile Bluegrass Pipeline: Transport natural gas liquids from the Marcellus and Utica shale region in Pennsylvania, West Virginia and Ohio to an existing pipeline that runs to the Gulf Coast, 60 percent of the pipeline is already in the ground. In Ohio, the pipeline runs from Columbiana County southeast to Noble County then west to Fairfield County where the pipeline travels diagonally southwest though the southeastern corner of Clermont County before entering Kentucky. The controversial project began in earnest in 2013 in Ohio, with community outreach, regulatory consultation, permitwww.spartasteel.com ting and right-of-way acquisition. By mid-2014, “conversion & Equipment Corp. “ activities will begin. Conversion activities refer to a process to deactivate a portion of a pipeline already in commission. STEEL SERVICE CENTER “After receipt of deactivation authority, the pipeline segments • Rebar • Angle • Channel• HR Bars • CF Bars • Beams will be taken out of natural gas service and re-purposed for • Tubing • Pipe • Deck Plate • Expanded Metal/Grating • Flat Sheets • HR Plate Galvanized Sheets • Stainless Steel use in natural gas liquids service by the Bluegrass Pipeline,” and Aluminum Items according to the company’s website. Pipeline construction is • Shearing • Saw Cut scheduled to begin later this year. • Plate Burning • C.A.D. Burning Braunstein’s cautionary remarks to landowners: “One of the Accepts all major credit cards main things about an easement, there could be more than one • Fast Delivery • Friendly Service • Dependable pipeline, so a pipeline could be built today, in a year or two 9875 Chestnut Ave. SE, E. Sparta, OH 44626 another pipeline could be built in the same easement without 330-866-9621 • 1-800-732-4272 • Fax 330-866-9625

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and oil industry. Companies have been buying Rayco equipment to clear land. “If they need to make a temporary dirt road, they will use our forest mulchers and stump cutters,” Pindell said. “We have sold them in Ohio, North Dakota, Canada and Russia.” The Rayco equipment will help cut a path to make a road where the drilling companies can bring in drilling apparatus and pipe. The company introduced its first dedicated forestry mulcher in 2005. For more information about Rayco, call 330-264-8699. u

OOSTER — The administrator of the Ohio Bureau of Workers’ Compensation recently stopped in to see how Rayco Manufacturing was using its safety grant dollars, and he liked what he saw. Administrator Steve Buehrer toured the plant along East Lincoln Way where Rayco employees make stump grinders, brush chippers, forestry mulchers and horizontal grinders. Plant manager Jim Miller and human resources manager Jim Pindell literally walked Buehrer and staff through the manufacturing process, starting where the equipment starts out as raw materials and wrapping up with the finished product. The roughly 150 workers at Rayco take raw steel and cut it, fabricate parts, weld pieces and assemble the units. The main focus was to show Buehrer some welding tables the company purchased. Because Rayco workers make practically every piece that ends up on the final product, and when it comes to welding together all of the parts that make up the grinder drums, it can tough on the back and knees. But throughout the tour, Buehrer learned of how Rayco got started. John Bowling had a tree service, and he found himself in need of a stump grinder. However, one was not available, and it was going to take a year to get one. Bowling did not have the time, so he built one. A friend like it so much, he wanted to buy it, so Bowling built a second one. The company has been growing. Miller said, unfortunately, when bad things happen, sales of Rayco equipment goes up. After Hurricane Sandy hit the East Coast, the company sold a number of units to help with the restoration. However, another area of growth for Rayco has been the gas

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ALDWELL — Caldwell Mayor David Evans has asked the Ohio Department of Trasportation to not route through town vehicles that require special hauling permits. Vehicles — some described as “superloads” — carrying equipment to gas and oil sites throughout Noble County have reportedly come through town causing traffic jams and damaging property. “We had a sizeable problem for the village over the weekend,” said Evans in mid-March. “Enormous equipment trucks are coming through our village down 821. Those streets aren’t equipped for those big pieces of equipment to negotiate those turns.” Evans said he called Mike Moreland with ODOT in Columbus. Moreland is listed as the permits supervisor under ODOT’s Special Hauling Permits Section on its website.

“On these permits are your GPS directions that guide these people through Caldwell on 821,” said Evans. Evans said Moreland was “sympathetic” and said he would investigate. Evans said Moreland advised that permits are given a week in advance so it might be two weeks before “elimination of that heavy equipment traffic.” On March 9 a superload traveling Route 821 (via Miller Street to North Street), reportedly damaged property owned by Nathan Allbritain at that intersection. Evans told Allbritain that ODOT has reportedly contacted the truck’s insurance carrier which is supposed to take care of the property damage. Council President Troy Nething told council that there was damage to a curb at the corner of North and West streets in downtown Caldwell by a big load on March 10.

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