The Hellbender Chronicles

January 2, 2004

District Ranger John Schultz
Bradford Ranger District
29 US Forest Service Drive
Bradford, PA 16701

Dear Ranger Schultz,

I am writing on behalf of the Allegheny Defense Project and our Supporters in order to provide public comment on the December 2nd Notice relating to Special Use Permits in the Allegheny National Forest.

The notice dated December 2, 2003, require that public comment be provided by December 29, 2003. However, federal rules on commenting require that the Forest Service provide for 30 days for public comment. When the 30th day is a holiday, as is the case with January 1, 2004, the next business day is the official deadline. As such we are writing to request that the Forest Service comply with the Forest Service’s regulations for notice and comment at 36 CFR § 215 by providing for notice and comment as required by law.

We’ll provide the following brief comments on the proposed special use permits. However, we would like to note that the scoping notice for these proposals is insufficient under 40 CFR § 1501.7. Due to the extremely limited information contained within the scoping notice it is difficult to provide more detailed comments at this time. Please provide a more detailed notice that complies both with the requirements of 36 CFR § 215 and 40 CFR § 1501.7.

Vertical Resources Transmission Line
The permit must be assessed within an Environmental Assessment as required by law. As described this proposal would require that a pipeline longer than one mile in length be constructed across national forest lands in order to transport oil and gas out of the Allegheny National Forest. There are no categorical exclusions providing for pipelines of this length. In addition, the Forest Service must consider the cumulative effects that would include the development of oil & gas wells on public lands and the potential for accidents/spills. This requires that this proposal be considered only after the development of an environmental assessment in accordance with federal laws.

This proposal also appears to infringe upon the proposed Fools Creek Natural Area. This proposal is outlined in the Allegheny Defense Project’s proposal Allegheny Wild! A Citizen Vision for the Allegheny National Forest. Fools Creek is known for its important wildlife habitat and geological history. Greater efforts must be made to conserve this forest area for future generations.

Catalyst Energy Pipeline
This proposal calls for the construction of a pipeline nearly two miles in length. This far exceeds the length of a pipeline that may be constructed on national forest lands through a Categorical Exclusion. This project must be detailed in an Environmental Assessment as required by federal law. Failure to do so would undermine the intent and purpose of the National Environmental Policy Act.

As part of the consideration as to whether or not to prepare an Environmental Assessment, the Forest Service must consider past, present, and future direct, indirect, and cumulative impacts. This pipeline is part of a larger oil & gas development with significant effects on the national forest lands contained therein. These effects include degradation of wildlife habitat, stream quality, and recreational/scenic values. This proposed permit must be evaluated in more detail consistent with federal laws.

Minard Run Pipeline
This proposal calls for the construction of an oil & gas pipeline in the Allegheny National Forest that would be approximately 1,400 feet in length. Due to the potential cumulative impacts that would be caused by the construction of this pipeline in association with related oil & gas development this project cannot be categorically excluded and must be detailed in an Environmental Assessment consistent with federal laws.

Thank you for this opportunity to comment. Please extend the public comment period as required by law.

Sincerely,

Jim Kleissler
Forest Watch Director