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Cibola National Forest, Mount Taylor Ranger District, NM, Designation of the Proposed Rinconada Communication Site

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[Federal Register: August 14, 2008 (Volume 73, Number 158)]
[Notices]
[Page 47579-47580]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au08-20]

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Notices
                                                Federal Register
________________________________________________________________________

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.

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[[Page 47579]]

DEPARTMENT OF AGRICULTURE

Forest Service

Cibola National Forest, Mount Taylor Ranger District, NM,
Designation of the Proposed Rinconada Communication Site

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The Cibola National Forest will prepare an environmental
impact statement to assess the designation and development of the
proposed Rinconada Communication Site on the Mt. Taylor Ranger
District. The Forest Service proposes to designate a three-acre
Rinconada Communication Site that would serve present and future high
power communication needs, and to permit the development of a facility
within the site.

DATES: Comments concerning the scope of the analysis must be received
by days after the publication of the NOI. The draft environmental
impact statement is expected November, 2008 and the final environmental
impact statement is expected March, 2009.

ADDRESSES: Send written comments to Nancy Rose, Forest Supervisor,
Cibola National Forest, 2113 Osuna Road NE., Albuquerque, NM 87113.

FOR FURTHER INFORMATION CONTACT: For further information, mail
correspondence to Donald L. Hall, Cibola National Forest, 2113 Osuna
Road NE., Albuquerque, NM 87113.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    The proposed high power transmission facility cannot be placed on
the existing Microwave Ridge Communication Site, located approximately
one-half mile to the north, because the existing site is designated as
a low power facility. It is not feasible to co-locate low and high
power facilities; therefore, the new communication site is being
proposed. The Rinconada site would occupy the location for Microwave
Ridge No. 2, which was identified in the Cibola National Forest Land
and Resource Management Plan.

Proposed Action

    The Cibola National Forest has accepted an application for
development of an FM transmission facility by KDSK Radio, Inc. within
the Mt. Taylor Ranger District. The Forest Service proposes to
designate a three-acre Rinconada Communication Site which would serve
present and future high power communication needs, and to permit the
development of the KDSK facility within the site. The site would
provide radio broadcasting service to the citizens of Grants, New
Mexico and those who live, commute, and work in the surrounding, more
rural areas of Cibola and Valencia Counties. KDSK Radio's development
would consist of an unlit, 180-foot, self-supporting tower with
antennas, and an equipment building measuring 12 feet by 20 feet.
    The proposed Rinconada Communication Site is approximately \1/2\
mile south of the existing Microwave Ridge Communication Site, and is
served by an existing power line and existing roads. The proposed site
is located adjacent to Forest Service Road 400 in T.11N., R.7W.,
Section 17, NMPM, Cibola County, New Mexico.

Responsible Official

    Forest Supervisor Nancy Rose, Cibola National Forest, 2113 Osuna
Road NE., Albuquerque, NM 87113.

Nature of Decision To Be Made

    The Forest Supervisor will use the EIS process to develop the
necessary information to make an informed decision on whether or not to
designate the Rinconada Communication Site and permit the development
of the KDSK facility within the site.

Scoping Process

    Scoping will include NOI to Federal Register, listing in the
Quarterly Schedule of Proposed Actions, letters to interested and
affected individuals, agencies, and organizations, and legal notices.
No public meeting is planned.

Preliminary Issues

    One preliminary issue has been identified. The designation and
development of the Rinconada Communication Site may affect the
characteristics that make the Mount Taylor Traditional Cultural
Property eligible for the National Register of Historic Places.

Comment Requested

    This notice of intent initiates the scoping process which guides
the development of the environmental impact statement.
    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,
553 (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, comments on the draft
environmental impact statement should be as specific

[[Page 47580]]

as possible. It is also 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: August 5, 2008.
Nancy Rose,
Forest Supervisor, Cibola National Forest.
[FR Doc. E8-18833 Filed 8-13-08; 8:45 am]

BILLING CODE 3410-11-P

 
 


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