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    What’s New

    On September 24, 2024, DEP amended the State Water Obstruction and encroachment Permit to include additional special conditions due to the changing site conditions and to ensure compliance.

    On August 16, 2024, and September 13, 2024, PennEnergy responded to DEP's request for additional information.

    On July 18, 2024, DEP requested that PennEnergy provide DEP with additional information because the conditions of the withdrawal location on Big Sewickley Creek have changed.

    On January 29, 2024, DEP issued the Water Management Plan (WMP) and state Water Obstruction and En​croachment permit and comment response document. The WMP and Water Obstruction and Encroachment permit documents can be found in their respective sections below.


    Water Management Plan

    In Pennsylvania, an approved Water Management Plan is required under Section 3211(m) of 58 Pa.C.S. §§3201-3274 (2012 Oil and Gas Act). The 2012 Oil and Gas Act states that no person may withdraw or use water from water sources within the Commonwealth for drilling or completing any natural gas well in an unconventional gas formation without a water management plan approved by DEP (58 Pa.C.S. §3203, 3211(m)).

    PA Code 25, Chapter 78a.1, defines a water management plan (WMP) as, “a plan associated with drilling or completing a well in an unconventional formation that demonstrates that the withdrawal and use of water sources within this Commonwealth protects those sources, as required under law, and protects public health, safety and welfare.”

    On July 8, 2021, PennEnergy Resources, LLC (PennEnergy) submitted WMP amendment applications for proposed water withdrawals from Big Sewickley Creek and the North Fork Big Sewickley Creek in Economy Borough, Beaver County. The proposed use of the of these water resources is for use in unconventional shale gas well development.

    On July 12, 2021, and with an addition on July 19, 2021, DEP issued an administrative deficiency notice and awaits additional information from PennEnergy. This means that the application is not yet complete enough for DEP to begin its technical review. On July 22 and 26, 2021, the Pennsylvania Fish and Boat Commission (PFBC) sent the applicant letters regarding the PFBC clearances for Pennsylvania Natural Diversity Inventory (PNDI) receipts. On July 28, 2021, DEP sent a letter clarifying additional information necessary to conduct a technical review. This additional information requested includes, in part, PFBC clearances for PNDI receipts.

    On August 26, 2021, PennEnergy responded to DEP’s administrative deficiency notice for both applications with revised water management plan (WMP) amendment applications.

    On October 13, 2021, DEP determined that the WMP amendment application is administratively incomplete and fails to demonstrate that PennEnergy’s proposal to withdrawal will not adversely impact a public natural resource and, accordingly, denied the application.

    On March 10, 2022, PennEnergy resubmitted the water management plan amendment application for proposed water withdrawals from Big Sewickley Creek in Economy Borough, Beaver County. The proposed use of the of these water resources is for use in unconventional shale gas well development. This application proposes a lower allocation request of 1.5 million gallons per day (MGD).

    On May 17, 2022, DEP issued a deficiency notice.

    On June 8, 2022, PennEnergy requested an extension to respond to the May 17, 2022, deficiency notice. DEP granted a 30-day extension, and the response is now due by July 16, 2022.

    On July 15, 2022, PennEnergy submitted its response to DEP’s deficiency notice along with a revised WMP amendment application.

    On August 5, 2022, the Pennsylvania Fish and Boat Commission issued a Species Impact Review letter.

    On August 24, 2022, DEP responded with a notice of outstanding deficiencies for WMP amendment application.

    On October 12, 2022, PennEnergy submitted its response to deficiencies outlined on August 24, 2022. PennEnergy also submitted a revised WMP amendment application.

    On January 10, 2023, DEP responded with a notice of outstanding deficiencies for WMP amendment application.

    On March 9, 2023, PennEnergy submitted its response to deficiencies outlined on January 10, 2023. PennEnergy also submitted a revised WMP amendment application.

    On April 19, 2023, DEP responded to PennEnergy’s March 9, 2023 submission and outlined additional deficiencies.

    On May 2, 2023, PennEnergy responded to DEP’s deficiency notice and provided a revised copy of the WMP amendment application.

    On May 18, 2023, DEP outlined outstanding deficiencies. On June 1, 2023, PennEnergy responded to DEP’s deficiency notice and provided a revised copy of the WMP amendment application.

    On June 14, 2023, DEP outlined outstanding deficiencies.

    On June 29, 2023, PennEnergy responded to DEP’s deficiency notice and provided a revised copy of the WMP amendment application.

    On January 29, 2024, DEP approved the WMP amendment.

    Joint Permit Application (JPA)

    On March 14, 2022, PennEnergy submitted a joint permit application (E0407222-001) for a State Water Obstruction and Encroachment permit for the proposed intake structure on Big Sewickley Creek and for a temporary aboveground waterline to transport water from Big Sewickley Creek to PennEnergy’s B50 well pad.

    On March 30, 2022, DEP issued an administrative deficiency notice and awaits additional information from PennEnergy.

    On April 28, 2022, PennEnergy submitted a response to the deficiency notice.

    On May 23, 2022, DEP responded noting outstanding deficiencies.

    On June 1, 2022, PennEnergy submitted a response.

    On June 2, 2022, DEP responded that it received the required information, the application is now considered complete, and DEP will commence its technical review.

    On August 24, 2022, DEP issued a technical deficiency notice. DEP subsequently agreed to PennEnergy’s request for an extension to respond to the technical deficiency notice, moving the due date for a response to November 7, 2022.

    On November 4, 2022, PennEnergy responded to DEP’s technical deficiency notice.  

    On January 10, 2023, DEP issued an outstanding technical deficiency notice.

    On March 10, 2023, PennEnergy responded to the outstanding deficiencies that were sent on January 10, 2023

    On April 19, 2023, DEP responded to PennEnergy’s March 10, 2023 submission and outlined outstanding deficiencies.

    On May 2, 2023, PennEnergy responded to outstanding deficiencies and provided a revised JPA application.

    On May 18, 2023, DEP outlined outstanding deficiencies.

    On January 29, 2024, DEP issued the state water obstruction and encroachment permit.

    General Permits (GP-05 and GP-08)

    On August 20, 2021, PennEnergy submitted applications (GP050407121-005 and GP080407121-004) for general permit approval for a proposed B15 to B46 Pipeline project. In its application, PennEnergy proposed to withdraw water from the North Fork of Big Sewickley Creek. Documents can be accessed through DEP’s eFACTS system using the authorization ID 1367098.

    On October 13, 2021, DEP denied the application for authorization of use for a general permit as a general permit is not the appropriate vehicle for the proposed activity.

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