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January 02, 2004
More Special Use Comments
I hope y'all are interested in these. Here are more comments on some oil & gas pipelines. Just click on the read more link to read them.
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
Posted by jkleissler at 04:20 PM | Comments (0)
Commenting on Special Use Permits
The Forest Service handles special use permits which involve the handling of applications to construct roads and pipelines across national forest lands (in order to access private holdings). For those who are interested I thought it might be useful to publish our comments when feasible. Sometimes our comments range from one page to 300 pages so this won't always be feasible. But if folks find this useful we'll continue to do it.
December 31, 2003
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 two notices relating to Special Use Permits in the Allegheny National Forest.
The two notices dated December 4, 2003, require that public comment be provided by December 31, 2003. However, federal rules on commenting require that the Forest Service provide for 30 days for public comment. 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:
Ziesenheim Oil & Gas Permit
The scope of this permit is inadequate. The Forest Service has not developed the required Environmental Assessment in allowing the oil & gas roads to be constructed in association with granting this permit. The NEPA requires that projects with direct, indirect, and cumulative effects (past, present, or future) which may be significant be detailed in an environmental impact statement. Projects which cannot be categorically excluded must be detailed in an environmental assessment. The Ziesenheim oil & gas development has involved the construction of a road network with multiple branches which cumulatively have a high potential for habitat fragmentation and stream degradation. Among other things these roads effect tributaries to Fork Run, the North Country National Scenic Trail, and an area proposed for old growth considerations. Because of the presence of these extenuating circumstances this project cannot have been or continue to be categorically excluded. To do so would be illegal.
Harnett Water Supply
We have no objections to this permit and support granting the special use permit.
Pa. Game Commission Access Roads
The Pennsylvania Game Commission has numerous access roads to State Game Lands No. 29. These access roads introduce traffic into the Game Lands through national forest lands. These roads have a multitude of effects on wildlife habitat and stream quality. An environmental assessment should be prepared that details the use of these roads, the anticipated effects, and alternative access routes that would meet the Game Commission’s needs with less significant impact on forest resources.
Thank you for this opportunity to comment. Please extend the public comment period as required by law.
Sincerely,
Jim Kleissler
Forest Watch Director
Posted by jkleissler at 02:38 PM | Comments (0)
Snowmobile Rules Changed
We have this in today's Warren Times-Observer thanks to Victoria Barone. Apparently the Forest Service has approved the new proposed rules that would allow minors to operate snowmobiles on public roads. The issue is obviously public health safety.
A U.S. Forest Service policy that will allow young people from ages 10 to 15 to operate snowmobiles on joint use roads on the Allegheny National Forest has been approved by Forest Service headquarters in Milwaukee, Wisc.According to Forest Supervisor Kevin Elliott, the Forest Service's law enforcement division has reviewed the policy and cleared the way for its implementation.
The policy allows persons 10 to 15 years old to drive snowmobiles on joint use forest roads as long as they hold a valid snowmobile safety certificate and are accompanied by someone at least 18 years old. The Forest Service plans to implement the policy in the 2003-2004 season.
Now, how crazy is that. Allowing 10 year olds to operate snowmobiles isn't just a hazard to them, they are a hazard to other forest users. Fortunately, at least some snowmobilers recognize the inherent problems associated with this proposal.
Tionesta Snowmobile Club Secretary Karen Atwood, who has taught snowmobile safety courses for nearly 30 years, has been in touch with the Forest Service since the idea was proposed.She strongly opposes the plan, saying it is dangerous. She pointed out that Pennsylvania Motor Vehicle Code does not allow 10-to 15-year-olds to legally operate a snowmobile on any state or township road and says there is good reason for that - people under the age of 16 do not have the experience or maturity to handle machines that often can exceed 100 miles per hour. According to Atwood, if someone is too young to legally drive a car, he or she is too young to drive a snowmobile.
In Pennsylvania, snowmobile drivers must carry liability insurance, wear helmets and those between age 10 and 15 years old must take a safety class to operate a snowmobile on any property other than their own or within a state forest system. Atwood noted that there is a big difference between state and national forest roads. The national forest roads are much more heavily used, she said. Oil and log trucks use national forest land and the general population can enter national forest areas free of charge. State roads are unplowed and not used by regular vehicles in the winter, she said. Joint use of the roads by snowmobilers and other vehicles increases the risk factor, Atwood noted.
Atwood said it also poses a problem because the young drivers cannot legally operate the snowmobiles outside of the national forest and the trails on the ANF connect to township joint use roads. Very often, snowmobilers are going to use township roads to get to services, food and lodging. Atwood thinks unless the areas are constantly patrolled, it will lead to 10- to 15-year-olds driving illegally on township roads.
...
Mead Township Supervisor Al Fox pointed out that the township has no roads designated as joint use for snowmobiles and other vehicles. They have been approached about this in the past, Fox said, "but it has never happened, for one reason or another."
Knowing the Forest Service will allow children as young as 10 to operate a snowmobile would definitely affect any decision like that in the future, according to Fox. "Snowmobiles are fun. I don't have a problem with them, but you're supposed to have a driver's license when you're on the highway," Fox said. "...I find it quite distressing that they would allow 10-year-olds to drive on even a semi-private trail."
The Times-Observer keeps new articles up for only about a week. Discuss this one here if you wish. You can also comment on their website.
Posted by jkleissler at 01:04 PM | Comments (2)