West Deer supervisors approved conditional use and land development applications for the proposed Leto well pad, and neighbors say they plan to appeal that decision in court.

The well pad, located off Oak Road behind a Dollar General store, was proposed by Olympus Energy of Cecil Township. Olympus plans to operate a deep well at a site on Oak Road in the Bairdford section of the township. The property is zoned for industrial use.

Supervisors said they believe the application meets township ordinances. Chairwoman Beverly Jordan and Vernon Frey, Shirley Hollibaugh and James Smullin voted in favor. David Harrison abstained.

A public hearing for the Leto project opened in February and concluded March 14, totaling four meetings and including hours of testimony provided by Olympus and objectors as well as public comments, according to the written decision and findings posted on West Deer’s website.

Township Solicitor Gavin Robb said parties have 30 days to appeal the decision to Allegheny County Court.

Members of Concerned Residents of West Deer, or CROWD, a collective of township residents opposed to the well, said they were disappointed with the outcome and plan to appeal.

The decision

The Leto well pad application first was submitted to the township in October 2019. The West Deer Planning Commission reviewed the request at multiple meetings. At its meeting June 24, 2021, the commission split 2-2 on a motion recommending approval of the application with conditions, therefore providing no recommendation to the supervisors.

The decision provides an overview of the site, the township’s zoning ordinance requirements, public hearings on the proposal and witness and evidence testimony both in support and in opposition of the deep well site.

“The board of supervisors finds that the substantial evidence presented at the public hearing, including the documents, plans, studies, testimony and other evidence presented, demonstrates that the proposed Leto well pad complies with all of the applicable criteria for a ‘deep well site’ in the zoning ordinance,” the decision states.

It responds to opposition and points raised by CROWD throughout public hearings and testimony, upholding the scope and requirements of the application, setback requirements, access driveway width, noise, road impact, signs, lighting and screening.

The decision states that, at the March 14 public hearing, 15 township residents said they were opposed to the application, three were in favor and one was neutral. Those opposed raised concerns with safety, health and welfare of township residents, as well as light, noise, pollution and traffic impacts.

On Wednesday, objector Victoria Austin said she was speaking for many of her neighbors when she voiced her opposition to the Leto well pad. She said the Leto well would be detrimental to the community’s health, safety and welfare and doesn’t comply with township ordinances.

“The Bairdford area includes several workplaces, churches and a park. Those residents making their living, worshipping and enjoying recreation there should not be subject to doing so in an evacuation zone,” she said. “The most densely populated area of West Deer is not suitable for a fracking well.”

Conditions set

The approval comes with 36 conditions, including that Olympus comply with all state, federal and township regulations. The application submitted by Olympus is for one well pad to consist of an initial six wells, and it may build six additional wells on-site without needing approval provided it obtains and provides the township a copy of the well permit from the state; it notifies the township at least 15 days before starting to drill any such well; and it complies with all conditions.

Olympus must provide West Deer and first responders with its emergency response plan, and it is expected to meet with township emergency management staff before construction to discuss or provide information on the plan.

Olympus should provide proof of its financial security, the decision states. There should be no employee residential-type housing on-site unless otherwise permitted by the township manager, and there should be nothing associated with the well pad that would result in gas odors discernible at any time.

There will be “adequate and obvious” truck route signs to ensure approved truck routes are utilized, and Olympus must notify the contractors of the approved route. Olympus agrees to restrict vehicles of more than 10,000 pounds from Oak Road when Deer Lakes School District schedules morning and afternoon bus drop-off and pickups.

Olympus Energy will identify to the township its anticipated dates for site prep, drilling activity, completion and stimulation or fracturing work to begin, the decision states, and it will provide contact information for project representatives to the township should issues or complaints arise. If a reasonable complaint is fielded by the township, Olympus Energy has within a day to respond and will take reasonable means necessary to alleviate the complaint. Olympus Energy is responsible for security at the access road during drilling and completion operations.

There will be nothing associated with the well pad that will emit electrical disturbances adversely affecting radio or other equipment not at the property, and will documents all chemicals used in the facility’s operations. The decision states Olympus Energy agrees to hold West Deer harmless from liability arising out of actions or nonactions committed in connection with the wells at the proposed site, excluding anything arising out of the negligence or intentional acts of the township.

Olympus representatives said in a statement: “We are very pleased with the Board of Supervisors’ decision. We look forward to developing our landowners’ resources and working with the township, local leaders and the community as we move forward with the development of the Leto well pad.”

Dionysus appeal

The Leto well pad isn’t the first proposal in West Deer from Olympus, but it is the first one that will move forward.

In December 2021, supervisors rejected the company’s proposed Dionysus well pad, which would have been at a site accessed from Middle Road Extension. Supervisors denied that application because it did not meet West Deer zoning ordinances.

Olympus challenged that decision in court and, in August 2022, Allegheny County Judge Joseph James affirmed West Deer’s denial. Olympus appealed that ruling to Commonwealth Court, where arguments were heard May 10. Commonwealth Court has not yet made its ruling.

Olympus declined to comment on the Dionysus well pad because the court’s decision is still pending.

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