Sullivan County Pennsylvania

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION

) Central New York Oil and Gas Company, LLC ) Docket No. CP10-480-000 )

MOTION TO INTERVENE OF COALITION FOR RESPONSIBLE GROWTH AND RESOURCE CONSERVATION, DAMASCUS CITIZENS FOR SUSTAINABILITY, AND SIERRA CLUB

Pursuant to Rule 214 of the Rules of Practice and Procedure of the Federal Energy

Regulatory Commission (“Commission”), 18 C.F.R. § 385.214 (2010), the Coalition for

Responsible Growth and Resource Conservation (“CRGRC”), Damascus Citizens for

Sustainability (“DCS”), and the Sierra Club hereby move to intervene in the above-

captioned proceeding. In filing this motion, CRGRC, DCS, Sierra Club, and their members (collectively, “Movants”) seek to ensure that the environmental review of the

proposed MARC 1 Hub Line (the “Project”) fully complies with the requirements of the

National Environmental Policy Act (“NEPA”), 42 U.S.C. §§ 4321-4370f (2006), and the

Endangered Species Act (“ESA”), 16 U.S.C. §§ 1531-1599 (2006). See 18 C.F.R.

§ 380.10(a)(1)(i) (“Any person may file a motion to intervene in a Commission

proceeding dealing with environmental issues under the terms of [18 C.F.R.] § 385.214 . .

. .”). Movants are deeply concerned about the environmental issues presented by this

Project, because it will slice through natural resources of exceptional value and is in the

range of the federally endangered Indiana bat—indeed the Central New York Oil and Gas

Company, LLC (“CNYOG”) appears to be the first and only gas pipeline operator

proposing to traverse the highly erodible steep slopes, intact forests, and cold water fisheries of the Endless Mountains in Sullivan County. See Exhibit A (Sullivan County

Planning Commission map). Movants have a substantial interest in ensuring that the

Commission takes a hard look at the Project’s impacts on this hitherto unspoiled landscape—both independently and when added to impacts of existing and reasonably foreseeable development, especially gas extraction and its associated infrastructure—and considers whether and to what extent it is possible to mitigate significant adverse impacts, before a decision is made whether to grant a Certificate of Public Convenience and Necessity (“Certificate”) for the Project. In addition, Movants have a substantial interest in making certain that the Commission evaluates the likely effect of the Project on the Indiana bat and insures that the Project is not likely to jeopardize the continued existence of the Indiana bat or result in the destruction or adverse modification of Indiana bat habitat. Movants believe that a rigorous review of environmental impacts, under both

NEPA and ESA, will reveal that the route chosen for the Project is environmentally unsustainable and urge the Commission to deny CNYOG’s request for a Certificate.

I. This Motion Is Timely under the Commission’s Rules.

Movants respectfully request that the Commission accept this motion to intervene as timely. Under the Commission’s rules implementing NEPA, “[a]ny person who files a motion to intervene on the basis of a draft environmental impact statement will be deemed to have filed a timely motion, in accordance with § 385.214, as long as the motion is filed within the comment period for the draft environmental impact statement.”

18 C.F.R. § 380.10(a)(1)(i) (“Section 380.10”) (emphasis added). This rule plainly contemplates an inclusive approach to interventions relating to environmental matters— an approach that should extend to Movants’ request. Their motion should be deemed

timely because Movants are seeking to participate in this proceeding even before the

Commission decides whether to prepare an environmental impact statement (“EIS”), and

they seek intervention in part to advocate for preparation of that in-depth study of Project

impacts. Because the Commission does not guarantee Movants a right to comment on its

environmental assessment (“EA”) of the Project, they cannot wait until the EA is released

to ask for an EIS. Having filed their intervention motion even earlier in the regulatory

process than the deadline set under Section 380.10, the motion should be deemed timely.

Moreover, unlike other federal agencies, the Commission appears to require

intervention to raise environmental concerns. See 15 U.S.C. § 717r(b) (“No objection to

the order of the Commission shall be considered by the court unless such objection shall

have been urged before the Commission in the application for rehearing unless there is

reasonable ground for failure so to do.”). Although Movants typically would continue to

participate actively in the NEPA process and, if necessary, challenge the agency’s final

action in district court under the Administrative Procedure Act, 5 U.S.C. §§ 701-706

(2006), that more limited role appears to be unavailable here. Movants now seek to

intervene to preserve their rights and ask that their motion be deemed timely under the policy expressed in Section 380.10.

II. Movants Also Satisfy the Requirements for Late Intervention.

Even if the Commission applies Section 380.10 literally, and refuses to deem

intervention motions timely if they are filed before the release of a draft EIS (or before the publication of an EA, in the event that the Commission declines to prepare an EIS),

Movants’ request for permission to intervene should be granted because Movants satisfy all of the requirements for intervention after the period specified in 18 C.F.R. § 385.210

(“Rule 210”). As they explain below, Movants can show good cause why the time limitation should be waived in this case. The requisite contents of the motion, see 18

C.F.R. § 385.214(b), are set forth below in sections A-C.

A. The Movants’ Position and its Basis

Movants seek to intervene to ensure that proper consideration is given to the full environmental impacts, including cumulative environmental impacts and impacts to endangered species, of the Project. In the Movants’ view, CNYOG’s submissions do not provide an adequate basis for the requisite hard look at the Project’s impacts. Movants are particularly concerned that the Applicant is seeking permission to begin construction before its environmental studies are complete.1 In addition, Movants believe that the

Project, as it is currently described, will have significant impacts on a pristine natural landscape that should be considered in a full EIS. Careful consideration of alternatives to the Project is essential to protect Movants’ interests in preserving the natural integrity of the Endless Mountains, and as interveners, they will argue that any Certificate granted to

CNYOG must include conditions requiring implementation of reasonable measures to mitigate significant impacts.

Under NEPA and its implementing regulations, 40 C.F.R. Pts. 1500-08, agencies are required to consider a full range of environmental impacts, including “ecological

(such as the effects on natural resources and on the components, structures, and functioning of affected ecosystems), aesthetic, historic, [and] cultural” impacts, “whether

1 CNYOG has asked the Commission to issue a Certificate no later than April 15, 2011, so that construction may begin that spring. Abbreviated Application of CNYOG for Certificate of Public Convenience and Necessity (MARC I Project), Submittal 20100809-5020, at 34 (Aug. 6, 2010). However, Applicant has not completed an assessment of likely effects on the endangered Indiana bat, for which bat surveys must be conducted between May 15 and August 15. U.S. Fish & Wildlife Serv., Indiana Bat (Myotis sodalis) Draft Recovery Plan: First Revision, app. 5 at 252 (Apr. 2007), available at http://www.fws.gov/northeast/nyfo/es/IndianaBatapr07.pdf.

direct, indirect, or cumulative.” 40 C.F.R. § 1508.8. The Commission’s Notice of Intent

to Prepare an Environmental Assessment for the Proposed MARC I Hub Line Project and

Request for Comments on Environmental Issues, issued September 22, 2010, did not

identify cumulative impacts as one of the issues deserving attention in the EA, and

CNYOG has misconstrued the legally applicable standard for cumulative impact review.2

Movants are concerned that without a hard look at all of the environmental impacts of the

Project, added to the environmental impacts of existing and reasonably foreseeable development in the region, see 40 C.F.R.§ 1508.7, the Commission will not identify the significant impacts of the Project and will decline to prepare an EIS, 42 U.S.C.

§ 4332(C).

Movants note that Marcellus Shale gas development and the construction of related infrastructure, including pipelines of all sorts, is proceeding at breakneck speed in

Pennsylvania, without any comprehensive environmental impact review. In the absence of a comprehensive EIS for this Project—the first EIS ever prepared to assess impacts of a pipeline and related gas development in that state—the Commission will not have the information it needs to inform its decision in this case. If the Commission grants the

Certificate without undertaking a comprehensive environmental analysis and disclosure,

Movants will necessarily suffer informational and procedural injuries, and, more fundamentally, there is a great risk that their substantive interests will be harmed irreparably by the failure to account for environmental harms.

Under Section 7 of the ESA, the Commission must prepare a biological assessment to evaluate the potential that the Indiana bat—a federally listed endangered

2 See Answer of CNYOG to Comments of Earthjustice on Scope of Environmental Assessment, Submittal 20101124-5146, at 2-6 (Nov. 24, 2010).

species—will be affected by the Project. 16 U.S.C. § 1536(c); 50 C.F.R. § 402.12(c). If

such assessment indicates that the Project “may affect” the Indiana bat, the Commission

must engage in formal consultations with the U.S. Fish & Wildlife Service (“FWS”) and

the FWS must issue a biological opinion that discloses how the Project will affect the

Indiana bat and its habitat and that specifies measures required to avoid or minimize a

“take” of the Indiana bat. 16 U.S.C. § 1536(b); 50 C.F.R. § 402.14(a). The cumulative

effects of the Project on the Indiana bat and its habitat must be evaluated as part of a

formal consultation with the FWS. 50 C.F.R. § 402.14(g)(3).

B. Movants’ Interests

For two reasons, Movants’ interests in this proceeding support their participation as interveners. First, all of the moving organizations are non-profit public interest

organizations with interests “which may be directly affected by the outcome of th[is]

proceeding,” 18 C.F.R. § 385.214(b)(2)(ii). The Commission’s intervention rules plainly

contemplate participation by persons who have been “submitting comments on the NEPA

process and NEPA related documents.” Id. at 380.10. Moreover, the participation of

these organizations will be in the public interest, id. § 385.214(b)(2)(iii).

CRGRC is a non-profit grassroots organization formed in 2007, based in

Lycoming County, Pennsylvania, and dedicated to the promotion of responsible growth

and the conservation of natural resources in northeastern Pennsylvania. Protection of

sensitive locations that are critical to a coherent and healthy environment and the

promotion of sound land-use principles are the centerpiece of CRGRC’s mission.

CRGRC members have deep attachments to and interests in the rural character and

natural beauty of the lands that will be affected by the Project and related gas

development. One member grew up and has lived most of her adult life in the potentially

affected area, operates a small business that relies on the undeveloped and peaceful nature of the surroundings, and spends a substantial amount of her time hiking, viewing

wildlife, and educating children about the natural resources and watersheds of the local

area. See Exhibit B (Declaration of Andrea Young). Another member enjoys a special

connection to the Loyalsock Creek, which will be affected directly by Project

construction; she hikes and camps along its banks, swims and kayaks in its waters, and

has been participating in the protection of its watershed for many years. See Exhibit C

(Declaration of Carol Kafer).

DCS is a section 501(c)(3) non-profit grassroots conservation organization formed in 2008 and dedicated to protecting the Upper Delaware Basin from the threats posed by natural gas extraction and its associated infrastructure. Protection of the Upper

Delaware Basin, and the wildlife and clean water that the public enjoys because of it, is a centerpiece of DSC’s mission, which DSC understands cannot be accomplished without active protection of other areas of New York and Pennsylvania. DCS has more than

4,000 members and supporters, many of whom regularly use and enjoy public and private lands in Sullivan County. DSC members live and own property within close proximity to the Project and have deep interests in protecting uncontaminated water sources, peaceful residential communities, scenic vistas, opportunities for outdoor recreational activities, all of which (not to mention property values) will be harmed irreparably if the proposed

Project is constructed and operated without the appropriate consideration of environmental impacts, alternatives, and mitigation. See Exhibit D (Declaration of

Thomas Jiunta); Exhibit E (Declaration of John A. Trallo, Sr.).

Sierra Club is a national non-profit organization incorporated in the State of

California as a Nonprofit Public Benefit Corporation, with approximately 1.4 million members and supporters dedicated to exploring, enjoying, and protecting the wild places of the earth; to practicing and promoting the responsible use of the earth’s ecosystems and resources; to educating and enlisting humanity to protect and restore the quality of the natural and human environment; and to using all lawful means to carry out these objectives. The Pennsylvania Chapter of the Sierra Club, a subunit of the Club, has

24,000 members, many of whom own, use, enjoy, and recreate on lands that will be affected by the Project and other existing and reasonably foreseeable related development. Sierra Club members permanently reside in homes within a few miles of the proposed pipeline and regularly enjoy, and intend to continue enjoying, hiking, biking, fishing, photographing, cross-country skiing, and snowshoeing on the lands affected by the Project. The interests of Sierra Club members in residing in, using, and enjoying the areas affected by the Project and related gas development will be harmed permanently if the Project is approved without the hard look at environmental impacts required under NEPA. See Exhibit F (Declaration of Lorraine Laprade Poore); Exhibit G

(Declaration of Richard Walter Liebert).

Clearly, CRGRC, DCS, and Sierra Club have interests that will be harmed if the

Project is constructed and operated without a thorough environmental impact analysis under NEPA. See 18 C.F.R. § 385.214(b)(2)(ii). Moreover, these organizations represent environmental interests and public concerns about the protection of natural resources, the prevention of air pollution and water contamination, and the conservation of wildlife habitat, such that their participation in this proceeding will be in the public

8 interest. See id. § 385.214(b)(2)(iii). Both of these reasons, independently and in combination, support Movants’ request for permission to intervene in this proceeding.

C. Good Cause for Waiving the Time Limitation

The Commission can find good cause “why the time limitation should be waived” for the Movants. See 18 C.F.R. § 385.214(b)(3). Specifically, Movants “had good cause for failing to file the motion within the time prescribed,” id. § 385.214(d)(1)(i); no disruption of the proceeding would occur if the intervention is permitted, id.

§ 385.214(d)(1)(ii); Movants’ interests are not represented by any other party in the proceeding, id. § 385.214(d)(1)(iii); no prejudice to existing parties would result from permitting the intervention, id. § 385.214(d)(1)(iv); and this motion’s content conforms to the requirements set forth in Rule 214 of the Commission’s Rules of Practice and

Procedure, id. § 385.214(d)(1)(v).

Movants have good cause for failing to file this motion on or before September 9,

2010. See id. § 385.214(d)(1)(i). Until recently, Movants believed that they could protect their interests by participating actively in the NEPA process—which they have been doing—but without formally intervening in the regulatory proceeding. They learned only lately that, for two reasons, they could not adequately protect their interests exclusively through participation in the public process. First, after consulting with

Commission staff, they realized that they might have no opportunity to comment on either a draft EIS (at which point intervention plainly would be timely under the

Commission’s rules) or even on the EA. Second, they learned that the Commission required intervention, if they wished to preserve their right to assert claims under NEPA.

As soon as Movants fully understood the threat to their interests and the Commission’s procedural requirement, they acted expeditiously to file this motion.

No disruption of the proceeding will result from granting the requested intervention. See id. § 385.214(d)(1)(ii). At this time, the Commission is in the process of assessing the environmental impacts of the Project, and no substantive decisions have been made. Permitting the requested intervention therefore will not disrupt any ongoing proceedings.

The interests represented by Movants are not represented by other parties in the proceeding. See id. § 385.214(d)(1)(iii). The Movants are seeking to safeguard unspoiled natural resources across the whole region that will be affected by this Project and other existing and reasonably foreseeable development, including the wetlands ecosystem, forest services, wildlife, and air quality of northeastern Pennsylvania— interests that are not represented by any of the other parties, including corporations that have intervened for economic and business reasons, and local landowners, who seek to protect discrete parcels of potentially affected land.

Furthermore, Movants’ intervention will not prejudice or place “additional burdens upon[] the existing parties.” See 18 C.F.R. § 385.214(d)(1)(iv). The

Commission has a legal duty to take a hard look at the Project’s environmental impacts, including cumulative impacts. Therefore, the requested intervention, which seeks to ensure that the Movants’ interests are protected through full and proper environmental review, adds no extra burden and imposes no prejudice.

Finally, this motion for intervention conforms to the requirements of Rule 214, 18

C.F.R. § 385.214(b). See 18 C.F.R. § 385.214(d)(1)(v). Specifically, the motion states

“the position taken by the [Movants],” id. § 385.214(b)(1); adequately describes the

Movants’ interests, id. § 385.214(b)(2); and demonstrates good cause for “why the time limitation should be waived,” id. § 385.214(b)(3). Moreover, there is no previously established procedural schedule with which Movants’ intervention will interfere, id.

§ 385.214(d)(2), and Movants will accept the record of the proceeding as the record has been developed prior to intervention, id. § 385.214(d)(3)(ii), preserving, of course, their right to continue active participation in the ongoing NEPA process. For all of these reasons, Movants’ intervention motion should be granted.

III. Communications

Communications and correspondence regarding this proceeding should be addressed to:

Deborah Goldberg Earthjustice 156 William Street, Suite 800 New York, NY 10038 Phone: 212-791-1881 x 227 Fax: 212-918-1556 [email protected]

Hannah Chang Earthjustice 156 William Street, Suite 800 New York, NY 10038 Phone: 212-791-1881 x 233 Fax: 212-918-1556 [email protected]

Bridget Lee Earthjustice 156 William Street, Suite 800 New York, NY 10038 Phone: 212-791-1881 x 232 Fax: 212-918-1556 [email protected]

IV. Conclusion

Based on the foregoing, CRGRC, DCS, and Sierra Club have a direct and substantial interest in this proceeding and have demonstrated good cause why their motion to intervene should be granted, whether it is deemed timely or out of time.

WHEREFORE, Movants respectfully request that the Commission grant this motion to intervene and make the Coalition for Responsible Growth and Resource

Conservation, Damascus Citizens for Sustainability, and the Sierra Club parties in this proceeding with full rights of participation.

Respectfully submitted,

/s/ Deborah Goldberg__

Deborah Goldberg Hannah Chang Bridget Lee Earthjustice 156 William Street, Suite 800 New York, NY 10038 Phone: 212-791-1881 x 227 Fax: 212-918-1556 [email protected]

Counsel for: Coalition for Responsible Growth and Resource Conservation Damascus Citizens for Sustainability Sierra Club

Dated: December 20, 2010

CERTIFICATE OF SERVICE

I hereby certify that I have this day served the foregoing document upon the Applicant in this proceeding.

Dated at New York, NY, this 20th day of December 2010.

/s/ Deborah Goldberg__

Deborah Goldberg Hannah Chang Bridget Lee Earthjustice 156 William Street Suite 800 New York, NY 10038 Phone: 212-791-1881 x 227 Fax: 212-918-1556 [email protected]

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G ROV Pennsylvania E LN µ C o ll u m b ii a C o u n tt y December 1st, 2010 Miles MAP PREPARED BY THE SULLIVAN COUNTY OFFICE OF 0 1 2 4 PLANNING & DEVELOPMENT- SEPTEMBER 2010. SULLIVAN COUNTY, PA IS NOT RESPONSIBLE FOR POSSIBLE ERRORS, OMISSIONS, MISUSE, OR MISINTERPRETATION. COUNTY DIGITAL INFORMATION IS PREPARED FOR REFERENCE Feet PURPOSES ONLY AND SHOULD NOT BE USED, AND IS NOT 0 5,000 10,000 20,000 INTENDED FOR, LEGAL, SURVEY OR ENGINEERING PURPOSES.

Exhibit B DECLARATION OF ANDREA YOUNG

I, ANDREA YOUNG, declare as follows:

1. I am a member of the Coalition for Responsible Growth and Resource

Conservation (“CRGRC”) and have served on the CRGRC board of directors since the organization’s creation in 2007. CRGRC is a non-profit grassroots organization based in

Lycoming County, Pennsylvania and dedicated to the promotion of responsible growth and the conservation of natural resources in northeastern Pennsylvania.

2. Protection of sensitive locations that are critical to a coherent and healthy environment and the promotion of sound land-use principles, are the centerpiece of

CRGRC’s mission. CRGRC’s efforts to secure protection of environmentally sensitive areas in Lycoming County and the broader northeast Pennsylvania region include: raising public awareness about smart growth principles and specific development projects that conflict with such principles, for example, the construction of a shopping mall in an environmentally sensitive floodplain; raising public awareness of the adverse environmental impacts of gas extraction activities; participation in public hearings with

regard to proposed gas extraction and related activities; supporting the restoration and

redevelopment of brownfields; and establishing partnerships and working with regional watershed associations to achieve stream classification upgrades.

3. In addition to the efforts that CRGRC has made in furtherance of the protection of the northeast Pennsylvania environment, I have been involved personally with such protection efforts and have been active in the efforts of the Muncy Creek

Watershed Association to preserve this vital resource. In particular, I have served as a member of the association’s board of directors for approximately ten years, have engaged in various public outreach and education efforts, and have worked to restore various waterways within the watershed by organizing and participating in stream bank stabilization and sediment cleanup projects.

4. I am a resident of Muncy, Pennsylvania, in Lycoming County. I first lived in Muncy as a child at my grandparents’ farm and returned at various points in my life.

As an adult, I moved back to Muncy, making the family home on Tescier Road my permanent residence. I have lived in Muncy and have enjoyed educational and recreational activities there and in the surrounding region for the past 25 years. I have operated a bed and breakfast on my property for the past four years. After living in different places in the region, I decided to return to Muncy based on the pristine natural landscape, the unique rural character, and the special sense of place I experience knowing that I am surrounded by undisturbed forests, healthy streams, and abundant wildlife.

5. My respect for and fascination with nature has been central to my relationship with the property and surrounding areas and was deepened through my formal education. I studied physical geography at Bucknell University and earned a

Master’s degree in Environmental Education from Montclair State University.

6. My property straddles Little Muncy Creek, a tributary of Muncy Creek and the place where, as a child, I learned to swim and ice-skate. For the past ten years, I have worked with the Muncy Creek Watershed Association as an environmental educator, teaching students from local elementary schools and Scout groups about the ecology of Muncy Creek and the larger watershed.

7. I enjoy walking on trails along Little Muncy Creek and through the forested areas that surround my house. I greatly appreciate the natural beauty of the area

2 and enjoy viewing wildflowers, trees, rock outcroppings, and a few small caves. My

walks through these areas are especially meaningful to me because I am able to view a

variety of wildlife in their natural habitats. I regularly observe deer, wild turkeys,

songbirds, and squirrels, and I have, on occasion, seen bears, bobcats, and coyotes. Even

when such animals are not immediately visible, living in a region that I know is inhabited

by these creatures is one of the most important and special things to me.

8. My property is located within the geographic range the Indiana bat, an endangered species. The fact that this part of Lycoming County supports such a sensitive population speaks to the exceptional value of the natural resources here. Although I have not seen Indiana bats, I take walks during the time of day that bats are known to be foraging in the hopes of observing Indiana bats. My experience of the environment is enriched knowing that I might encounter these creatures and knowing that they might be nearby. I intend to continue to look for Indiana bats this spring and summer when they are known to migrate into Lycoming County from the caves in which they spent the winter hibernating. If a pipeline is built through Indiana bat habitat, cutting down trees that could serve as roosting locations, it will be increasing difficult or simply impossible for me to observe or experience Indiana bats in this region.

9. Approximately four years ago, I opened a bed and breakfast—called

“Creekview Country Cottage Bed and Breakfast”—on my property and have been operating it successfully ever since. My guests are drawn to the natural splendor of the landscape, which sets the tone for a relaxing and rejuvenating stay. Most guests chose to stay here because of the beauty and peacefulness the land offers, and they enjoy engaging in outdoor recreational activities on the property and in the surrounding areas.

3 10. My ability to walk through this unique natural landscape, to share my

fascination with nature with young people through hands-on instruction at Muncy Creek,

and to share this beautiful place with the guests at my bed and breakfast are some of the

most important and special things about living in this part of Lycoming County. I intend to continue to engage in these activities in this areas in the future for as long as I am able.

I intend to participate in educational activities this spring as part of the Muncy Creek

Watershed Association’s Earth Day celebration.

11. The Central New York Oil and Gas Company, LLC (“CNYOG”) has proposed to construct the 39-mile gas transmission line, known as the “MARC I Hub

Line,” from Bradford County, through Sullivan County, and into Lycoming County. The proposed pipeline will disturb 610 acres of land, and will leave 238 acres of the landscape permanently altered.

12. My property is located approximately five miles from the proposed route for the MARC I Hub Line. I am concerned that the installation of the pipeline will

destroy the pristine nature of the landscape that immediately surrounds my home, will

harm my and CRGRC’s interest in the preservation of the environmentally sensitive areas

of Lycoming County, especially the Muncy Creek Watershed, and likely will result in a

decrease of the value of my property and negatively affect my bed and breakfast

business. This damage will be even worse if the pipeline, which is being designed to

receive gas from wells drilled in the Marcellus Shale, induces new gas exploration and

production in the area where I live.

13. If a pipeline is constructed through these areas, the experience for which I

seek out these areas—the beauty of unbroken natural vistas and the serenity of intact

4 forests, cold streams, and the wildlife they support—would be permanently and

irretrievably lost.

14. A thorough review that considers all of the environmental impacts of the

MARC I project, including its impacts added to the impacts of all the other gas

development that I observe around me—both near my property with companies such as

Chief Oil & Gas and throughout the region—could result in mitigation or a different

outcome that would not harm my use and enjoyment of my residence and this area.

Without such a hard look and careful consideration of alternatives and mitigation, my

right to information about the environmental effects of government action would be

infringed. Moreover, the MARC I pipeline will irreparably harm not only my property,

but the surrounding natural resources—air, water, forests, and wildlife—that make this area the special place it is to me.

Exhibit C DECLARATION OF CAROL KAFER

I, CAROL KAFER, declare as follows:

1. I am a member of the Coalition for Responsible Growth and Resource

Conservation (“CRGRC”) and have served on the CRGRC board of directors since the organization’s creation in 2007. CRGRC is a non-profit grassroots organization based in

Lycoming County, Pennsylvania and dedicated to the promotion of responsible growth and the conservation of natural resources in northeastern Pennsylvania.

2. Protection of sensitive locations that are critical to a coherent and healthy environment and the promotion of sound land-use principles, are the centerpiece of

regard to proposed gas extraction and related activities; supporting the restoration and

redevelopment of brownfields; and establishing partnerships and working with regional watershed associations to achieve stream classification upgrades.

have testified at public hearings relating to proposed development within the watershed,

and have worked to restore various waterways within the watershed by organizing and

participating in stream bank stabilization projects.

4. I am a resident of Montoursville, Pennsylvania, in Lycoming County. I

have lived in the Loyalsock Creek Watershed for approximately 20 years and have lived

in my current residence, along Loyalsock Creek, for ten years. I have enjoyed educational and recreational activities within the Loyalsock Creek Watershed and in the surrounding region for the past 20 years and value living here because of the beautiful natural landscape, the unique rural character, and the special sense of place I experience knowing that I am surrounded by undisturbed forests, healthy streams, and abundant wildlife.

5. I enjoy camping along the banks of Loyalsock Creek and have been doing so since childhood. I enjoy hiking on trails in Loyalsock State Forest, including the

Loyalsock Trail. I enjoy visiting Worlds End State Park, located in Loyalsock State

Forest, and consider it one of the most beautiful and peaceful places I have ever spent time; I especially value viewing the park’s natural splendor and swimming and kayaking in Loyalsock Creek, which runs through the park. These activities are some of the most important and special things about spending time in this part of Pennsylvania. I intend to visit Loyalsock State Forest and Worlds End State Park in the spring and summer to hike, camp, kayak, and swim. I intend to continue to engage in these activities in these areas, as well as to work with the Loyalsock Creek Watershed Association, in the future for as

long as I am able. If a pipeline is constructed through these areas, particularly a pipeline

2 designed to receive gas from newly developed wells, the experience for which I seek out

these areas would be permanently and irretrievably lost.

6. The Central New York Oil and Gas Company, LLC (“CNYOG”) has proposed to construct the 39-mile gas transmission line, known as the “MARC I Hub

Line,” from Bradford County, through Sullivan County, and into Lycoming County. The proposed pipeline will disturb 610 acres of land, and will leave 238 acres of the landscape permanently altered.

7. Of particular significance to me, the MARC I Hub Line will traverse the headwaters of the Loyalsock Creek. I am concerned that the construction of the pipeline will result in adverse impacts to both the creek and its tributaries, which have been granted an existing usage of “Exceptional Value” by the Pennsylvania Department of

Environmental Protection, and the watershed as a whole. In addition, the installation of

the pipeline will destroy the pristine nature of the landscape, will fragment acres of intact

forestland, and will harm my and CRGRC’s interest in the preservation of the

environmentally sensitive areas of Lycoming and Sullivan Counties. This damage will

be even worse if the pipeline, which is being designed to receive gas from wells drilled in

the Marcellus Shale, induces new gas exploration and production in the area. Indeed, the

MARC I Hub Line appears to be the first and only gas pipeline proposed to traverse the

highly erodible steep slopes, intact forests, and cold water fisheries of the Endless

Mountains in Sullivan County.

8. If a pipeline is constructed through these areas, the experience for which I

seek out these areas—the beauty of unbroken natural vistas and the serenity of intact

3 forests, cold streams, and the wildlife they support—would be permanently and irretrievably lost.

9. A thorough review that considers all of the environmental impacts of the

MARC I project, including its impacts added to the impacts of all the other gas development that I observe around me—both near my property and throughout the region—could result in mitigation or a different outcome that would not harm my use and enjoyment of my residence and this area. Without such a hard look and careful consideration of alternatives and mitigation, my right to information about the environmental effects of government action would be infringed. Moreover, the MARC I pipeline will irreparably harm not only my property, but the surrounding natural resources—air, water, forests, and wildlife—that make this area the special place it is to me.

4 I declare, under puralty of perjury, fhat the foregoing is tme and conect.

Executed on December !], 2010 in Monloulsville, Pennsylvania.

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Exhibit D DECLARATION OF THOMAS JIUNTA

I, THOMAS JIUNTA, declare as follows:

1. I am a member of the Damascus Citizens for Sustainability (“DCS”).

DCS is a grassroots conservation organization dedicated to protecting the Upper

Delaware Basin from the threats posed by natural gas extraction and its associated

infrastructure. Formed in February 2008, DSC is a section 501(c)(3) non-profit

organization with more than 4,000 members and supporters, many of whom regularly use

and enjoy public and private lands in Sullivan County.

2. Protection of the Upper Delaware Basin, and the wildlife and clean water

that we enjoy because of it, is a centerpiece of DSC’s mission. DSC understands that it

cannot protect the Upper Delaware Basin without actively protecting other areas of New

York and Pennsylvania from the threats posed by gas extraction and related infrastructure

development. DSC’s efforts toward that end include: public education campaigns to

raise awareness of the adverse environmental impacts of gas extraction activities

(including, for example, panels, conferences, and film screenings); participation in

hearings before the Delaware River Basin Commission with regard to gas extraction

activities in the Delaware River Basin; participation in hearings before the New York

City Council with regard to proposed gas drilling in the New York City Watershed;

participating in public review processes conducted by federal, state, and multi-state agencies on proposed regulations and environmental review documents related to gas development and pipeline construction; challenging a gas company’s water withdrawal application; challenging of a gas company’s wastewater discharges; and establishing partnerships and working with local, state, and national environmental advocacy organizations to combat the threats posed by gas extraction and related activities.

3. In addition to the efforts that DCS has made to safeguard the Upper

Delaware Basin and other threatened areas, I have been involved personally with such protection efforts and have been active in my opposition to the explosion of Marcellus

Shale development in Pennsylvania. In particular, on October 20, 2010, I submitted comments to the Federal Energy Regulatory Commission (“FERC”) expressing my objections to the application of Central New York Oil and Gas Company, LLC

(“CNYOG”) for a Certificate of Public Convenience and Necessity for its proposed 39-

mile gas transmission line, known as the “MARC I Hub Line,” and on October 13, 2010,

I attended FERC’s public scoping meeting for the MARC I Hub Line in Laporte,

Pennsylvania. In March 2010, I organized a group of concerned citizens around the issue

of gas drilling and formed the Gas Drilling Awareness Coalition.

4. CNYOG has proposed to construct the 39-mile MARC I Hub Line from

Bradford County, through Sullivan County, and into Lycoming County. The proposed

pipeline will disturb 610 acres of land, and will leave 238 acres of the landscape

permanently altered.

5. Over 20 years ago, I purchased land in Sullivan County, Pennsylvania,

near Laporte, and built a log cabin on that parcel in order to better enjoy the natural beauty and unique rural character of the area. The cabin does not have a street address, but is located just north of the town of Laporte, approximately one mile east of Lake

Road. I have been visiting the cabin and enjoying a variety of recreational activities in

Sullivan County several times a year since 1988. My cabin is located approximately one

2 half mile from the proposed route for the MARC I Hub Line. I am concerned that the

installation of the pipeline will destroy the pristine nature of the landscape that

immediately surrounds my cabin, will harm my and DCS’s interest in the preservation of the undisturbed forests of Sullivan County, and likely will result in a decrease of the value of my property.

6. After searching all over Pennsylvania for the perfect location, I decided to purchase land and build my cabin in Sullivan County based on the pristine natural landscape and the proximity to undisturbed forest lands. I enjoy hiking on trails in

Loyalsock State Forest, including the Loyalsock Trail, and, in winter months, cross- country skiing there. I also enjoy fishing and kayaking in the nearby Lake Mokoma. I enjoy visiting Worlds End State Park, located in Loyalsock State Forest, and consider it one of the most beautiful and peaceful places I have ever spent time; I especially value viewing wildlife and the park’s natural splendor. My ability to engage in these activities in this special place is the very reason I built the cabin. These activities are some of the most important and special things about spending time in this part of Sullivan County. I intend to visit Loyalsock State Forest and trails around my cabin—near the route of the

proposed pipeline—this winter to cross-country ski and in the spring, summer, and fall to

hike. I intend to visit Lake Mokoma in the spring and summer to fish, swim, and kayak.

I intend to continue to engage in these activities in these areas in the future for as long as

I am able. If a pipeline is constructed through these areas, particularly a pipeline

designed to receive gas from newly developed wells, the experience for which I seek out

these areas would be permanently and irretrievably lost. This damage will be even worse

if the pipeline, which is being designed to receive gas from wells drilled in the Marcellus

3 Shale, induces new gas exploration and production in the area where I live. Indeed, the

MARC I Hub Line appears to be the first and only gas pipeline proposed to traverse the

highly erodible steep slopes, intact forests, and cold water fisheries of the Endless

Mountains in Sullivan County.

7. A thorough review that considers all of the environmental impacts of the

MARC I project, including its impacts added to the impacts of all the other gas

development that I observe around me—both near my property with companies such as

Chief Oil & Gas and throughout the region—could result in mitigation or a different

outcome that would not harm my use and enjoyment of my residence and this area.

Without such a hard look and careful consideration of alternatives and mitigation, my right to information about the environmental effects of government action would be infringed. Moreover, the MARC I pipeline will irreparably harm not only my property, but the surrounding natural resources—air, water, forests, and wildlife—that make this area the special place it is to me.

4 DEC-1Ø-aø1ø Ø6:33 FRDI''I¡ T0l"l JÏUNTÊ oFll 57ø718ø838 Ï0:1e1e9181555 P,e/6

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Executed on Decetrber þ fOt q in Shavefown, Purnsylvani*

Exhibit E DECLARATION OF JOHN A. TRALLO, SR.

I, JOHN A. TRALLO, SR., declare as follows: