Responsible Drilling Alliance P.O.

Box 502 Williamsport, PA 18701 Citizens for Pennsylvanias Future 8 West Market Street, Suite 901 Wilkes-Barre, PA 18701 March 6, 2013 by electronic & first-class mail Richard J. Allan, Secretary Department of Conservation and Natural Resources Rachel Carson State Office Building P.O. Box 8767 400 Market Street Harrisburg, PA 17105-8767 Re: Natural Gas Development in the Loyalsock State Forest Dear Secretary Allan: On behalf of over 50,000 citizens of the Commonwealth, the undersigned conservation, recreation, fishing, and hunting organizations write to insist that the Department of Conservation and Natural Resources conduct a formal public comment process concerning gas development on the Clarence Moore lands in the Loyalsock State Forest and meanwhile halt all negotiations over development with Anadarko Petroleum Corporation. The DCNR should not make any deals with Anadarko until it has provided the public with meaningful information about Anadarkos proposed development plans, and sponsored a public discussion of all alternatives including alternatives involving no surface development activities. The DCNR cannot determine whether gas development in the Loyalsock State Forest is in the public interest without public input. By way of background, on September 7, 2012, our organizations wrote to you about evidence that Anadarko was preparing to conduct gas development operations on some 26,000 acres of land in the Loyalsock State Forest including approximately 18,870 acres where the Commonwealth owns the surface rights, even though Anadarko and International Development Corporation own the oil and gas rights. The indications of planned development alarmed us because these lands known to the DCNR as the Clarence Moore lands contain resources of great ecological and recreational significance, including most of the Exceptional Value watershed of Rock Run, the Old Loggers Path and the Devils Elbow Natural Area. The Clarence Moore lands also contain irreplaceable breeding grounds for migratory birds, and have been designated an Important Bird Area by the Audubon Society.

In light of the DCNRs judicially-recognized control of the surface of these 18,870 acres, we made a modest request in our letter: that before giving Anadarko any access to the Clarence Moore lands, the DCNR open a public comment period on Anadarkos proposal to develop these lands, while making public the DCNRs assessments of potential environmental impacts. We noted that under Article I, Section 27 of the Pennsylvania Constitution, the DCNR has a legal duty to conserve and maintain State Forest lands for the benefit of all Pennsylvanians, including future generations, and that under the Pennsylvania Conservation and Natural Resources Act, the DCNR may not grant a right-of-way over State Forest lands unless it determines that doing so is in the public interest. We suggested that, given the ecological and recreational significance of the Clarence Moore lands and the unique legal circumstances surrounding their control, the DCNR could not make an informed determination concerning the Clarence Moore lands without public participation. On February 22, 2013, you sent us correspondence that thanks us for our letter, but fails to acknowledge let alone grant our request for a formal public comment process. You wrote that the DCNR is committed to doing all that we can to protect the Loyalsock State Forest, but that the legal issues concerning the DCNRs surface rights are very complex. We are currently reviewing all of these issues, you advised, and to the extent we have legal flexibility, we will be guided first and foremost by our Departments mission and obligation to protect and enhance our public lands. The DCNRs refusal even to discuss our request for a public comment period is deeply troubling. The reasons for public participation concerning gas potential gas development in the Clarence Moore lands are clear. Not only are extraordinary public resources at stake; not only has the public expressed an extraordinary amount of interest in protecting those resources the DCNR itself concluded in its 2010 study (Impacts of Leasing Additional State Forest for Gas Development1) that there are zero State Forest Land acres suitable for [additional] gas leasing involving surface disturbance. For the DCNR to allow surface disturbance on State-controlled Loyalsock State Forest lands would be a de facto lease. We believe that for the DCNR to do this without any public input would be an abuse of the DCNRs discretion. The DCNR appears to misapprehend its obligations under the Conservation and Natural Resources Act and Article I, Section 27 of the State Constitution. The DCNRs obligation to protect, enhance, and conserve the Loyalsock State Forest is not contingent upon the Departments having sufficient legal flexibility. The DCNR has a duty to protect, enhance, and conserve State Forest and Park lands in all circumstances, regardless of their complexity. Byzantine ownership patterns and awkward court decisions do not relieve the DCNR of its statutory and Constitutional responsibilities. The DCNR has a non-negotiable duty to protect and enhance all State Forest lands, including the Loyalsock State Forest, for the benefit of future generations. Based on DCNR documents obtained pursuant to the Pennsylvania Right to Know Law, we know that in March, 2012 Anadarko submitted a proposed Loyalsock State Forest development plan to the DCNR and that the DCNR and Anadarko have since been engaged in serious negotiations for a surface use agreement. The DCNR should immediately halt these

1

http://www.dcnr.state.pa.us/cs/groups/public/documents/document/d_000603.pdf

negotiations. What Pennsylvania needs, now, is a frank public discussion about all alternatives for the Clarence Moore lands. Given the DCNRs conclusion in its 2010 study, the burden is on the DCNR to demonstrate that any gas development should be allowed. This is all the more true given that some 6,000 acres of the Clarence Moore lands were acquired or developed with financial assistance under the federal Land and Water Conservation Fund Act, such that their conversion from public recreation use could require the Commonwealth to purchase replacement lands, at significant cost, and jeopardize the Commonwealths eligibility for future federal grants. Given continuous advances in horizontal drilling technology, it is possible that all recoverable gas under the Clarence Moore lands may soon become accessible from private lands where Anadarko already has surface rights. Even if that does not happen, however, it remains true that under the CNRA and Article I, Section 27 of the State Constitution, the DCNR may not grant a right-of-way for gas development on the Clarence Moore lands unless it determines that such development is in the public interest. For the DCNR to make this determination without involving the public would be unreasonable. The DCNR recently expressed that it would be willing to meet with local stakeholders to discuss gas development in the Loyalsock State Forest. While we do not know what stakeholders the DCNR had in mind, we do know that the members of our organizations who hike, boat, hunt, fish, and watch birds and wildlife in the Loyalsock State Forest come from throughout the Commonwealth. Like all of the Commonwealths State Forests and Parks, the Loyalsock is therefore a statewide resource, not a local one. Thus, it is imperative that the DCNR conduct a statewide public comment process on any proposed development on the Clarence Moore lands, including at least one public hearing, Meanwhile, the DCNR should halt all negotiations with Anadarko and other parties over gas development on the Clarence Moore lands. We look forward to hearing from you, and would welcome the opportunity to discuss this issue, answer any questions, and provide any additional information. Thank you very much. Sincerely, Barb Jarmoska Acting President, Responsible Drilling Alliance Richard Martin Coordinator, Pennsylvania Forest Coalition Curt Ashenfelter Executive Director, Keystone Trails Association Mark Szybist Staff Attorney, PennFuture Jeff Schmidt Director, Sierra Club, Pennsylvania Chapter Cathy Frankenberg Mid-Atlantic Policy Associate, Appalachian Mountain Club

cc:

Governor Thomas W. Corbett House Environmental Resources and Energy Committee Senate Environmental Resources and Energy Committee The Honorable Garth Everett The Honorable Rick Mirabito The Honorable Gene Yaw