Green Mountain National Forest; Vermont; Deerfield Wind Project, 40975-40977 [05-13847]
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40975
Notices
Federal Register
Vol. 70, No. 135
Friday, July 15, 2005
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Forest Service
Gold Camp Road Final Plan/
Environmental Impact Statement and
Record of Decision
Forest Service, USDA.
ACTION: Notice of availability and
decision.
AGENCY:
SUMMARY: In accordance with the
National Environmental Policy Act, the
Pike National Forest of the Rocky
Mountain Region of the Forest Service
announces availability of the Final Plan
and Final Environmental Impact
Statement (Final Plan/EIS) and Record
of Decision (ROD) for the Gold Camp
Road. The Forest Service is also
announcing the agency’s decision to
restore and reopen a collapsed railroad
tunnel and reopen a closed section of
Gold Camp Road to one-way traffic,
with a third party partner to operate the
segment of road (Modified Alternative
E). The objective of the management
plan for the road is to best accommodate
public use and access to National Forest
System lands and nearby private inholdings while maintaining public
safety and the historic character of the
road. The affected road segment has
been closed since 1988 for safety
reasons.
DATES: The appeal period for the
decision will be 45 days from the date
the Environmental Protection Agency
(EPA) publishes the notice of
availability and decision in the Federal
Register.
ADDRESSES: The Final Plan/EIS and
ROD are available on the Internet at
https://www.fs.fed.us/r2/psicc/projects/
gold_camp/. Copies of the Final Plan/
EIS and ROD may be obtained by
contacting the Pikes Peak Ranger
District, 601 S. Weber St., Colorado
Springs, CO 80903. Notice of Appeal
must be sent to: USDA-Forest Service,
Rocky Mountain Region, Attn: Appeals
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17:47 Jul 14, 2005
Jkt 205001
Deciding Officer, P.O. Box 25127,
Lakewood, Colorado 80225.
FOR FURTHER INFORMATION CONTACT:
Frank Landis, Supervisory Outdoor
Recreation Planner, Pikes Peak Ranger
District, at the address listed above or by
telephone at 719–477–4203.
SUPPLEMENTARY INFORMATION: The Final
Plan/EIS and ROD are also available for
inspection at the following public
libraries in Colorado:
Penrose Public Library—20 N. Cascade
Ave., Colorado Springs, CO 80903.
East Library—5550 N. Union Blvd.,
Colorado Springs, CO 80918.
The Forest Service announced in the
Federal Register (69 FR 39401, June 30,
2004) that the agency intended to
prepare an EIS addressing the possible
federal action of preparing a plan for the
Gold Camp Road and inviting comments
on the scope of the EIS. Comments were
received from April 12 through August
17, 2004, and were considered in the
Draft Plan/EIS.
Notices of availability were published
in the Federal Register for the Gold
Camp Road Draft Plan/EIS by the Forest
Service (70 FR 2605, January 14, 2005)
and the EPA (70 FR 4119, January 28,
2005). Comments were accepted on the
Draft Plan/EIS through March 29, 2005.
Comments were considered and the
Final Plan/EIS was prepared based on
agency and public input. The Final
Plan/EIS contains a new preferred
alternative that incorporates elements of
three of the other action alternatives.
A ROD accompanies the Final Plan/
EIS. The ROD accompanying the Final
Plan/EIS is subject to appeal pursuant to
36 CFR part 215.
Reviewers are obligated to structure
their participation in the National
Environmental Policy Act process so
that it is meaningful and alerts the
agency to the reviewer’s position and
contentions, (Vermont Yankee Nuclear
Power Corp. v. NRDS. 435 U.S. 519, 553,
(1978)). Environmental objections that
could have been raised at the draft stage
may be waived if not raised until after
completing the Final EIS (City of
Angoon v. Hodel (9th Circuit 1986) and
Wisconsin Heritages Inc. v. Harris 490
F. Suppl. 1334, 1338 (E.D. Wis. 1980)).
This notice is provided pursuant to
federal regulations implementing the
National Environmental Policy Act (40
CFR 1506.6).
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Fmt 4703
Sfmt 4703
Dated: July 8, 2005.
Robert J. Leaverton,
Forest Supervisor.
[FR Doc. 05–13865 Filed 7–14–05; 8:45 am]
BILLING CODE 3410–ES–P
DEPARTMENT OF AGRICULTURE
Forest Service
Green Mountain National Forest;
Vermont; Deerfield Wind Project
Forest Service, USDA.
Notice of intent to prepare an
environmental impact statement.
AGENCY:
ACTION:
SUMMARY: The Forest Service has
accepted an application for a special use
authorization from Deerfield Wind, LLC
for the installation and operation of 20
to 30 wind turbines on National Forest
System (NFS) lands managed by Green
Mountain National Forest (GMNF). The
project would utilize approximately 80
acres of National Forest land within the
Manchester District.
DATES: Comments concerning the scope
of the analysis must be received by
August 15, 2005. The draft
environmental impact statement is
expected in August 2005 and the final
environmental impact statement is
expected February 2007.
ADDRESSES: Send written comments to
Gina Owens, District Ranger,
Manchester Ranger District, USDA
Forest Service, 2538 Depot Street,
Manchester Center, VT 05255.
FOR FURTHER INFORMATION CONTACT: Bob
Bayer, Project Coordinator, Manchester
Ranger District, USDA Forest Service,
2538 Depot Street, Manchester Center,
VT 05255; 802–362–2307 ext. 218; email: rbayer@fs.fed.us
SUPPLEMENTARY INFORMATION:
Purposed and Need for Action
The purpose of the proposed action is
to provide between 30 and 45
megawatts (MW) of new wind energy
and capacity by expanding the existing
private land based wind power facility
in Searsburg, Vermont onto National
Forest System (NFS) lands. The new
capacity will supply additional
renewable power to the Vermont and
New England electric supply grid. The
use and occupancy of federal lands is an
important element in facilitating the
exploration, development, and
transmission of affordable, renewable
E:\FR\FM\15JYN1.SGM
15JYN1
40976
Federal Register / Vol. 70, No. 135 / Friday, July 15, 2005 / Notices
and reliable energy in the region to meet
the purpose.
The projected project is needed to:
1. Contribute to Vermont’s and the
region’s growing demand for reliable
sources of clean, cost-effective,
renewable energy generated electricity.
2. Contribute to a secure, reliable
supply of electric generating capacity to
address the regional and local need.
3. Reduce the region’s overdependence on natural gas generation,
thereby decreasing electric price
volatility and providing potential cost
savings to consumers.
4. Reduce air emissions, and the
associated negative environmental and
human health effects, produced by fossil
fuel-fired electric generation, thereby
improving local and regional air quality.
Proposed Action
The Deerfield Wind Project is
proposed on two separate ridge lines
east and west of Vermont Route 8.
Approximately half of the 20 to 30 new
state-of-the-art turbines would be placed
on the east side on Route 8 on the same
ridgeline as the existing Green
Mountain Power Corporation (GMP)
Searsburg Wind Farm, which was
placed in service in 1997 on 35 acres of
private lands adjacent to GMNF land. It
consists of eleven, 0.55 megawatt (MW)
(550 kilowatts (kW)) wind turbines,
each just under 200 feet in height, that
together are capable of producing 6 MW
of electricity. Ten to fifteen new 1.5 to
2.0 MW (1,500 to 2,000 kW) turbines
would be placed adjacent to the existing
wind turbines on the east ridge (eastern
project area). The remaining ten to
fifteen turbines would be placed along
the ridgeline to the west of Route 8
(western project area). The wind
turbines would be capable of producing
30 to 45 MW of electricity. Each wind
turbine consists of a tubular steel tower,
a nacelle (which houses the turbine’s
mechanical components), and a threebladed rotor. Total height of the wind
turbine is expected to be approximately
340 to 370 feet. Along with the turbines,
the project will include a storage and
maintenance building that will be
approximately 24 feet by 40 feet in
dimension, approximately 4 miles of
gravel access road, and approximately 4
miles of underground and overhead
electrical lines. These lines will connect
a new substation constructed in the
northern section of the western project
area on USFS lands. The new substation
will be enclosed in a chain link fence
and be approximately one-half acre in
size and contain a transformer and other
electrical equipment. An alternative
interconnection point for electric lines
would be an existing GMP substation on
VerDate jul<14>2003
17:47 Jul 14, 2005
Jkt 205001
private land on the east side of Route 8.
Construction of the proposed project
would require clearing of up to 80 acres
of National Forest land. The Forest
Service has determined that an
environmental impact statement (EIS) is
required to fully and effectively evaluate
this site-specific application.
Responsible Official
Paul Brewster, Forest Supervisor,
Green Mountain and Finger Lakes
National Forests, 231 North Main Street,
Rutland, VT 05071–2417.
Nature of Decision To Be Made
Deerfield Wind LLC has made
application to the Forest Service for a
Special Use Authorization seeking
authorization to occupy and use NSF
lands for the purpose of constructing
and operating a wind power facility on
the Green Mountain National Forest.
The decision to be made is whether to
grant the authorization for the
construction and operation activities as
proposed, or as modified by an
alternative to the proposed activities, or
to defer granting of the authorization.
Scoping Process
The GMNF plans to scope for
information by contacting persons and
organizations interested or potentially
affected by the proposed action by using
mailings, public announcements, and
personal contacts. In addition, two
separate public scoping meetings will be
held to collect public input on the scope
of the EIS:
Scoping Meeting #1: August 3, 2005,
Grand Summit Resort Hotel, Mount
Snow, 12 Pisgah Road, West Dover, VT.
An open house format will be used. The
public is welcome between 7 p.m. and
9 p.m.
Scoping Meeting #2: August 4, 2005,
Whitingham Elementary School, Route
100 South, Jacksonville, VT. An open
house format will be used. The public
is welcome between 7 p.m. and 9 p.m.
Comments Requested
This notice of intent initiates the
scoping process which guides the
development of the environmental
impact statement. The primary purpose
is to gather public comments, issues,
and concerns regarding the proposed
action. Comments, issues and concerns
will be used to help formulate
alternatives to the proposed action.
Please make your written comments as
specific as possible as they relate to the
proposed action, and include your
name, address, and, if possible,
telephone number and e-mail address.
Comments received in response to this
solicitation, including the names and
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
addresses of those who comment, will
be considered part of the public record
and will be available for public
inspection. Comments submitted
anonymously will be accepted and
considered. Additionally, pursuant to 7
CFR 1.27(d), any person may request
that a submission be withheld from the
public record by showing how the
Freedom of Information Act permits
such confidentiality. Persons requesting
such confidentiality should be aware
that confidentiality is granted in only
very limited circumstances. The Forest
Service will inform the requester of its
decision regarding a request for
confidentiality. Where the request is
denied, the submission will be returned,
and the requester notified that the
comments may be resubmitted with or
without name and address.
Early Notice of Importance of Public
Participation in Subsequent
Environmental Review: A draft
environmental impact statement will be
prepared for comment. The comment
period on the draft environmental
impact statement will be 45 days from
the date the Environmental Protection
Agency publishes the notice of
availability in the Federal Register.
The Forest Service believes, at this
early stage, it is important to give
reviewers notice of several court rulings
related to public participation in the
environmental review process. First,
reviewers of draft environmental impact
statements must structure their
participation in the environmental
review of the proposal so that it is
meaningful and alerts an agency to the
reviewer’s position and contentions.
Vermont Yankee Nuclear Power Corp. v.
NRDC, 435 U.S. 519, 533 (1978). Also,
environmental objections that could be
raised at the draft environmental impact
statement stage but that are not raised
until after completion of the final
environmental impact statement may be
waived or dismissed by the courts. City
of Angoon v. Hodel, 803 F.2d 1016,
1022 (9th Cir. 1986) and Wisconsin
Heritages, Inc. v. Harris, 490 F. Supp.
1334, 1338 (E.D. Wis. 1980). Because of
these court rulings, it is very important
that those interested in this proposed
action participate by the close of the 45
day comment period so that substantive
comments and objections are made
available to the Forest Service at a time
when it can meaningfully consider them
and respond to them in the final
environmental impact statement.
To assist the Forest Service in
identifying and considering issues and
concerns on the proposed action,
written comments on the draft
environmental impact statement should
be as specific as possible. It is also
E:\FR\FM\15JYN1.SGM
15JYN1
Federal Register / Vol. 70, No. 135 / Friday, July 15, 2005 / Notices
helpful if comments refer to specific
pages or chapters of the draft statement.
Comments may also address the
adequacy of the draft environmental
impact statement or the merits of the
alternatives formulated and discussed in
the statement. Reviewers may wish to
refer to the Council on Environmental
Quality Regulations for implementing
the procedural provisions of the
National Environmental Policy Act at 40
CFR 1503.3 in addressing these points.
Comments received, including the
names and addresses of those who
comment, will be considered part of the
public record on this proposal and will
be available for public inspection.
(Authority: 40 CFR 1501.7 and 1508.22;
Forest Service Handbook 1909.15, Section
21)
Dated: July 8, 2005.
Paul K. Brewster,
Forest Supervisor.
[FR Doc. 05–13847 Filed 7–14–05; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF AGRICULTURE
Forest Service
Notice of Lincoln County Resource
Advisory Committee Meeting
Forest Service, USDA.
ACTION: Notice of meeting.
AGENCY:
SUMMARY: Pursuant to the authorities in
the Federal Advisory Committee Act
(Public Law 92–463) and under the
Secure Rural Schools and Community
Self-Determination Act of 2000 (Public
Law 106–393) the Kootenai National
Forest’s Lincoln County Resource
Advisory Committee will meet on
Wednesday August 3, 2005, at 6 p.m. at
the Turner Mountain Ski Lodge 22 miles
from Libby, Montana for a business
meeting. The meeting is open to the
public.
DATES: August 3, 2005.
ADDRESSES: Turner Mountain Ski Lodge,
from Libby travel 20 miles North on
Pipe Creek Road #68, then turn left onto
Forest Service Road 6166, continue to
the lodge.
FOR FURTHER INFORMATION CONTACT:
Barbara Edgmon, Committee
Coordinator, Kootenai National Forest at
(406) 293–6211, or e-mail
bedgmon@fs.fed.us.
SUPPLEMENTARY INFORMATION: Agenda
topics include presentation of project
proposals, review and selection of
submitted proposals for funding in
fiscal year 2006, and receiving public
comment. If the meeting date or location
is changed, notice will be posted in the
VerDate jul<14>2003
17:47 Jul 14, 2005
Jkt 205001
local newspapers, including the Daily
Interlake based in Kalispell, Montana.
Dated: July 11, 2005
Bob Castaneda,
Forest Supervisor.
[FR Doc. 05–13935 Filed 7–14–05; 8:45 am]
BILLING CODE 3410–11–M
40977
Dated: July 11, 2005.
Jonathan P. Claffey,
Assistant Secretary, Rural Telephone Bank.
[FR Doc. 05–13944 Filed 7–14–05; 8:45 am]
BILLING CODE 3410–15–P
DEPARTMENT OF AGRICULTURE
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Rural Telephone Bank
Procurement List; Proposed Additions
Confirmation of Stock Ownership
Records
AGENCY:
Rural Telephone Bank, USDA.
Notice of confirmation of stock
ownership records for the Rural
Telephone Bank.
ACTION:
SUMMARY: The Rural Telephone Bank
(Bank) has sent letters to all of its
stockholders of record, asking them to
confirm their stockholdings. This notice
is being published to notify any persons
who believe that they own shares of
stock in the Bank but have not received
a stock confirmation letter that they
should contact the Bank immediately.
FOR FURTHER INFORMATION CONTACT:
Jonathan P. Claffey, Assistant Secretary,
Rural Telephone Bank, STOP 1590—
Room 5151, 1400 Independence
Avenue, SW., Washington, DC 20250–
1590. Telephone: (202) 720–9556.
The Bank
is in the process of studying a proposal
to dissolve. The dissolution of the Bank
would require the redemption of
outstanding stock in accordance with its
enabling legislation, Title IV of the
Rural Electrification Act (7 U.S.C. 941 et
seq.). As a preliminary step, the Bank
has determined the stockholdings of
each shareholder as of June 15, 2005.
Letters were sent by the Bank to all
stockholders of record on June 30, 2005,
asking them to confirm that their own
stock records are in agreement with the
Bank’s.
Since letters were sent by the Bank to
all its shareholders, any persons who
believe that they own shares of stock in
the Bank but have not received a stock
confirmation letter should contact the
Bank immediately. A letter explaining
the details of the claimed stockholdings
should be sent to Jonathan Claffey,
Assistant Secretary of the Bank, at the
address shown above. Any evidence
supporting the claimed stockholdings
should be included with the letter.
Claims should be submitted within 30
days of this notice.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Proposed additions to
Procurement List.
AGENCY:
SUMMARY: The Committee is proposing
to add to the Procurement List products
and services to be furnished by
nonprofit agencies employing persons
who are blind or have other severe
disabilities.
Comments Must Be Received on
or Before: August 15, 2005.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
Disabled, Jefferson Plaza 2, Suite 10800,
1421 Jefferson Davis Highway,
Arlington, Virginia, 22202–3259.
DATES:
FOR FURTHER INFORMATION OR TO SUBMIT
COMMENTS CONTACT: Sheryl D. Kennerly,
Telephone: (703) 603–7740, Fax: (703)
603–0655, or e-mail
SKennerly@jwod.gov.
This
notice is published pursuant to 41 U.S.C
47(a)(2) and 41 CFR 51–2.3. Its purpose
is to provide interested persons an
opportunity to submit comments on the
proposed actions. If the Committee
approves the proposed additions, the
entities of the Federal Government
identified in the notice for each product
or service will be required to procure
the products and services listed below
from nonprofit agencies employing
persons who are blind or have other
severe disabilities.
SUPPLEMENTARY INFORMATION:
Regulatory Flexibility Act Certification
I certify that the following action will
not have a significant impact on a
substantial number of small entities.
The major factors considered for this
certification were:
1. If approved, the action will not
result in any additional reporting,
recordkeeping or other compliance
requirements for small entities other
than the small organizations that will
furnish the products and services to the
Government.
2. If approved, the action will result
in authorizing small entities to furnish
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Agencies
[Federal Register Volume 70, Number 135 (Friday, July 15, 2005)]
[Notices]
[Pages 40975-40977]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13847]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Green Mountain National Forest; Vermont; Deerfield Wind Project
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
-----------------------------------------------------------------------
SUMMARY: The Forest Service has accepted an application for a special
use authorization from Deerfield Wind, LLC for the installation and
operation of 20 to 30 wind turbines on National Forest System (NFS)
lands managed by Green Mountain National Forest (GMNF). The project
would utilize approximately 80 acres of National Forest land within the
Manchester District.
DATES: Comments concerning the scope of the analysis must be received
by August 15, 2005. The draft environmental impact statement is
expected in August 2005 and the final environmental impact statement is
expected February 2007.
ADDRESSES: Send written comments to Gina Owens, District Ranger,
Manchester Ranger District, USDA Forest Service, 2538 Depot Street,
Manchester Center, VT 05255.
FOR FURTHER INFORMATION CONTACT: Bob Bayer, Project Coordinator,
Manchester Ranger District, USDA Forest Service, 2538 Depot Street,
Manchester Center, VT 05255; 802-362-2307 ext. 218; e-mail:
rbayer@fs.fed.us
SUPPLEMENTARY INFORMATION:
Purposed and Need for Action
The purpose of the proposed action is to provide between 30 and 45
megawatts (MW) of new wind energy and capacity by expanding the
existing private land based wind power facility in Searsburg, Vermont
onto National Forest System (NFS) lands. The new capacity will supply
additional renewable power to the Vermont and New England electric
supply grid. The use and occupancy of federal lands is an important
element in facilitating the exploration, development, and transmission
of affordable, renewable
[[Page 40976]]
and reliable energy in the region to meet the purpose.
The projected project is needed to:
1. Contribute to Vermont's and the region's growing demand for
reliable sources of clean, cost-effective, renewable energy generated
electricity.
2. Contribute to a secure, reliable supply of electric generating
capacity to address the regional and local need.
3. Reduce the region's over-dependence on natural gas generation,
thereby decreasing electric price volatility and providing potential
cost savings to consumers.
4. Reduce air emissions, and the associated negative environmental
and human health effects, produced by fossil fuel-fired electric
generation, thereby improving local and regional air quality.
Proposed Action
The Deerfield Wind Project is proposed on two separate ridge lines
east and west of Vermont Route 8. Approximately half of the 20 to 30
new state-of-the-art turbines would be placed on the east side on Route
8 on the same ridgeline as the existing Green Mountain Power
Corporation (GMP) Searsburg Wind Farm, which was placed in service in
1997 on 35 acres of private lands adjacent to GMNF land. It consists of
eleven, 0.55 megawatt (MW) (550 kilowatts (kW)) wind turbines, each
just under 200 feet in height, that together are capable of producing 6
MW of electricity. Ten to fifteen new 1.5 to 2.0 MW (1,500 to 2,000 kW)
turbines would be placed adjacent to the existing wind turbines on the
east ridge (eastern project area). The remaining ten to fifteen
turbines would be placed along the ridgeline to the west of Route 8
(western project area). The wind turbines would be capable of producing
30 to 45 MW of electricity. Each wind turbine consists of a tubular
steel tower, a nacelle (which houses the turbine's mechanical
components), and a three-bladed rotor. Total height of the wind turbine
is expected to be approximately 340 to 370 feet. Along with the
turbines, the project will include a storage and maintenance building
that will be approximately 24 feet by 40 feet in dimension,
approximately 4 miles of gravel access road, and approximately 4 miles
of underground and overhead electrical lines. These lines will connect
a new substation constructed in the northern section of the western
project area on USFS lands. The new substation will be enclosed in a
chain link fence and be approximately one-half acre in size and contain
a transformer and other electrical equipment. An alternative
interconnection point for electric lines would be an existing GMP
substation on private land on the east side of Route 8. Construction of
the proposed project would require clearing of up to 80 acres of
National Forest land. The Forest Service has determined that an
environmental impact statement (EIS) is required to fully and
effectively evaluate this site-specific application.
Responsible Official
Paul Brewster, Forest Supervisor, Green Mountain and Finger Lakes
National Forests, 231 North Main Street, Rutland, VT 05071-2417.
Nature of Decision To Be Made
Deerfield Wind LLC has made application to the Forest Service for a
Special Use Authorization seeking authorization to occupy and use NSF
lands for the purpose of constructing and operating a wind power
facility on the Green Mountain National Forest. The decision to be made
is whether to grant the authorization for the construction and
operation activities as proposed, or as modified by an alternative to
the proposed activities, or to defer granting of the authorization.
Scoping Process
The GMNF plans to scope for information by contacting persons and
organizations interested or potentially affected by the proposed action
by using mailings, public announcements, and personal contacts. In
addition, two separate public scoping meetings will be held to collect
public input on the scope of the EIS:
Scoping Meeting #1: August 3, 2005, Grand Summit Resort Hotel,
Mount Snow, 12 Pisgah Road, West Dover, VT. An open house format will
be used. The public is welcome between 7 p.m. and 9 p.m.
Scoping Meeting #2: August 4, 2005, Whitingham Elementary School,
Route 100 South, Jacksonville, VT. An open house format will be used.
The public is welcome between 7 p.m. and 9 p.m.
Comments Requested
This notice of intent initiates the scoping process which guides
the development of the environmental impact statement. The primary
purpose is to gather public comments, issues, and concerns regarding
the proposed action. Comments, issues and concerns will be used to help
formulate alternatives to the proposed action. Please make your written
comments as specific as possible as they relate to the proposed action,
and include your name, address, and, if possible, telephone number and
e-mail address. Comments received in response to this solicitation,
including the names and addresses of those who comment, will be
considered part of the public record and will be available for public
inspection. Comments submitted anonymously will be accepted and
considered. Additionally, pursuant to 7 CFR 1.27(d), any person may
request that a submission be withheld from the public record by showing
how the Freedom of Information Act permits such confidentiality.
Persons requesting such confidentiality should be aware that
confidentiality is granted in only very limited circumstances. The
Forest Service will inform the requester of its decision regarding a
request for confidentiality. Where the request is denied, the
submission will be returned, and the requester notified that the
comments may be resubmitted with or without name and address.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review: A draft environmental impact statement will be
prepared for comment. The comment period on the draft environmental
impact statement will be 45 days from the date the Environmental
Protection Agency publishes the notice of availability in the Federal
Register.
The Forest Service believes, at this early stage, it is important
to give reviewers notice of several court rulings related to public
participation in the environmental review process. First, reviewers of
draft environmental impact statements must structure their
participation in the environmental review of the proposal so that it is
meaningful and alerts an agency to the reviewer's position and
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,
533 (1978). Also, environmental objections that could be raised at the
draft environmental impact statement stage but that are not raised
until after completion of the final environmental impact statement may
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings,
it is very important that those interested in this proposed action
participate by the close of the 45 day comment period so that
substantive comments and objections are made available to the Forest
Service at a time when it can meaningfully consider them and respond to
them in the final environmental impact statement.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, written comments on the draft
environmental impact statement should be as specific as possible. It is
also
[[Page 40977]]
helpful if comments refer to specific pages or chapters of the draft
statement. Comments may also address the adequacy of the draft
environmental impact statement or the merits of the alternatives
formulated and discussed in the statement. Reviewers may wish to refer
to the Council on Environmental Quality Regulations for implementing
the procedural provisions of the National Environmental Policy Act at
40 CFR 1503.3 in addressing these points.
Comments received, including the names and addresses of those who
comment, will be considered part of the public record on this proposal
and will be available for public inspection.
(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21)
Dated: July 8, 2005.
Paul K. Brewster,
Forest Supervisor.
[FR Doc. 05-13847 Filed 7-14-05; 8:45 am]
BILLING CODE 3410-11-M