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Driller backs off threat to conservancy, village
(by Sue Reid - October 22, 2008)
Driller backs off threat to conservancy, village
By SUE REID
A mandatory pooling order for land owned by the Village of Gates Mills and the Gates Mills Land Conservancy to enable Cutter Oil to drill a well on Chagrin River Road led to scurrying last week by village officials. Village Council held an executive session with Law Director Charles T. Riehl to discuss "potential litigation."
However, the drilling company rescinded the order the following day, according to Mr. Riehl. Documentation to that effect arrived at Village Hall Monday.
C.J. Cutter declined last week to comment on the issue.
A letter from Mr. Cutter had requesting the pooling of 3.2 acres of village-owned land off of Chagrin River Road and 0.92 acre owned by the conservancy off of River Oaks Trail. The pooling was needed to meet the 20-acre minimum for a well to be drilled on private property on Chagrin River Road.
"They had filed for approval by the Ohio Department of Natural Resources to pool property which they did not have a lease on, including property of the Gates Mills Land Conservancy and the village," Mr. Riehl said. "The ODNR set a preliminary hearing before one of their commissioners for Nov. 12, but we received word this morning from a representative from Cutter Oil that they have determined not to go ahead with that hearing, and they are pulling the application," he said. "I'm pleased we don't have to get in an adversarial situation."
Mr. Riehl said village officials' position is that "they do not want their land involuntarily forced to be put in a pool." If there are issues that can be worked out with the potential operator of the oil well, he said, "then we'd be open to voluntarily agreeing, but we do not want to be in a position where we are forced to be put in a pool."
Regarding the conserved land in question, Mr. Riehl said, "I think that's a substantial legal issue that would probably have been tested in this case if it moved forward."
Ann Whitney, treasurer of the Gates Mills Land Conservancy, said Monday that the conservancy has a policy in place regarding gas wells. "The Gates Mills Land Conservancy is currently not involved in drilling for natural gas and is not presently anticipating being involved in such activities," she said. "It goes against our objective as a land consdrvnacy to preserve land in its natural state, including hillsides and river and stream areas."
Mr. Riehl noted that the pool order involved land that the village actually owns, as opposed to just the public right of way.
Village Building Inspector David Biggert said he spoke to Mr. Cutter Oct. 15, the day after the council meeting, and he was told the pool order was being rescinded.
He was told that the application is "time consuming," Mr. Biggert said. "He just felt he didn't want to have to do that to the administration. He wanted to try to keep on a better working relationship."
Cutter Oil has other wells in Gates Mills, including a lease for village-owned land on Chagrin River Road. The drilling company used 600 square feet of village-owned road to drill the well on the private property.
There are 45 gas and oil wells operating in Gates Mills.
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