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.

Notices Federal Register

8896 

Vol. 74, No. 38 

Friday, February 27, 2009 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Eldorado National Forest, CA; 

Kirkwood Meadows Power Line 

Reliability Project EIS/EIR 

AGENCY: Forest Service, USDA. 

ACTION: Notice of intent to prepare a 

joint environmental impact statement/ 

report. 

SUMMARY: Notice is hereby given that 

the USDA Forest Service, Eldorado 

National Forest (Forest Service), 

together with the Kirkwood Meadows 

Public Utility District (KMPUD), will 

prepare a joint Environmental Impact 

Statement/Environmental Impact Report 

(EIS/EIR) to disclose the impacts 

associated with authorizing a 50-year 

term Special Use Permit for the 

construction, use and maintenance of a 

Kirkwood Meadows Public Utility 

District power line connecting the 

electrical grid near Salt Springs with the 

community of Kirkwood Meadows, 

located in Amador, Alpine and El 

Dorado Counties, California. 

The new power line would 

potentially be located along Highway 88 

and within the Eldorado National 

Forest. The power line would connect 

with an existing 115 kV transmission 

line near the PG&E hydroelectric facility 

at Salt Springs Reservoir. The proposed 

project also includes two substations to 

be built, one near the Salt Springs 

hydroelectric facility and the other on 

KMPUD property within the Kirkwood 

Meadows valley, as well as ancillary 

improvements on National Forest 

System lands needed to maintain this 

system (e.g., poles, roads, 

communication equipment). 

DATES: The comment period on the 

proposed action will extend 45 days 

from the date this Notice of Intent is 

published in the Federal Register. 

Completion of the draft EIS/EIR is 

expected in March 2010 and the final 

EIS/EIR is expected in October 2010. 

ADDRESSES: Send written comments to 

100 Forth Road, Placerville, CA 95667. 

Comments may also be sent via e-mail 

to comments-pacificsouthwesteldorado@fs.fed.us, or via facsimile to 

(530) 621–5297. 

FOR FURTHER INFORMATION CONTACT: 

Copies of the proposed action and other 

information concerning this proposed 

action may be found on the project Web 

site at http://www.fs.fed.us/r5/eldorado/ 

projects/. Copies of the proposed action 

or requests for further information may 

be addressed to Sue Rodman, 100 Forth 

Road, Placerville CA 95667. Project 

information can also be requested by 

leaving a voice message at (530) 621– 

5298. 

Individuals who use 

telecommunication devices for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

between 8 a.m. and 8 p.m., Eastern 

Time, Monday through Friday. 

SUPPLEMENTARY INFORMATION: 

Purpose and Need for Action 

The purpose of the proposed project 

is to replace the use of diesel-fired 

generators within Kirkwood Meadows 

as the primary supply of power for 

current and future needs within the 

KMPUD service area. Additionally, the 

proposed project would increase the 

reliability of the power supply for the 

KMPUD service area; remove a source of 

particulates, noise and emissions from 

the Kirkwood Meadows valley, provide 

access to cost effective renewable 

sources of power for the Kirkwood 

Meadows valley, and help stabilize rates 

within the KMPUD service area. The 

following needs for this proposed action 

have been identified as follows: 

Due to its remote location, high 

altitude, and challenging load pattern 

(peak loads may occur during periods of 

heavy snowfall), providing electrical 

power using diesel fired generation is 

challenging. The quality and reliability 

of the power supply is low as compared 

to typical grid-supplied electricity 

elsewhere in California due to a 

combination of factors. An 

interconnection between the KMPIJD 

service area and the California electrical 

grid would provide a more robust and 

reliable source of supply. The proposed 

project would also be able to 

accommodate buildout currently 

approved for Kirkwood Meadows as 

described in the Kirkwood Meadows 

Specific Plan and the on mountain 

improvements described in the 

Kirkwood Mountain Resort Mountain 

Master Development Plan. 

The existing diesel generation system 

within Kirkwood Meadows is subject to 

the air quality permitting authority of 

the Great Basin Unified Air Pollution 

Control District (GBUAPCD), and meets 

the criteria set forth in the permits 

issued by the GBUAPCD. Nonetheless, 

the proposed project would reduce the 

emissions of diesel particulates in 

Kirkwood Meadows valley, as the 

existing diesel generation system would 

retire from primary generation to 

backup generation only as a result of the 

proposed project. 

Since the existing generation system 

is relatively small and relies on diesel 

fuel, the price of electrical power within 

the KMPUID service area is heavily 

dependent on the price of diesel. The 

recent fluctuations in the price of diesel 

caused power prices within the KMPUD 

service area to spike dramatically. The 

proposed project would allow KMPUD 

to access the California electrical grid, 

and enter into long term, stable 

contracts for power supply. 

The 2001 National Energy Policy 

goals are to increase domestic energy 

supplies, modernize and improve our 

nation’s energy infrastructure, and 

improve the reliability of the delivery of 

energy from its sources to points of use. 

Executive Order 13212 encourages 

increased production and transmission 

of energy in a safe and environmentally 

sound manner. According to Executive 

Order 13212, for energy related projects, 

agencies shall expedite their review of 

permits or take other actions as 

necessary to accelerate the completion 

of such projects. The agencies shall take 

such actions to the extent permitted by 

law and regulations, and where 

appropriate. 

Proposed Action 

The proposed project would involve 

authorizing a 50-year term Special Use 

Permit for the construction, use and 

maintenance of a Kirkwood Meadows 

Public Utility District power line 

connecting Kirkwood Meadows (in 

Alpine, Amador and El Dorado 

Counties) to an existing 115 kV 

transmission line owned by Pacific Gas 

& Electric Company (PG&E) near the 

PG&E hydroelectric facility at Salt 


rwilkins on PROD1PC63 with NOTICES2
Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices 8897 

Springs Reservoir, in Amador County. 

The proposed project also includes two 

substations to be built, one within the 

KMPUD service area and the other near 

the PG&E Salt Springs hydroelectric 

facility, as well as ancillary 

improvements on National Forest 

System lands needed to maintain this 

system (e.g., poles, roads, 

communication equipment). 

The proposed project would involve 

lands managed by the Eldorado National 

Forest in portions of Sections within 

Township 8 North, Range 15 East; 

Township 8 North, Range 16 East; 

Township 9 North, Range 16 East; 

Township 9 North, Range 17 East; and 

Township 10 North, Range 17 East, Mt. 

Diablo Base and Meridian. 

The proposed project alignment is 

referred to as the Carson Spur 

Alignment. The proposed project 

alignment commences near PG&E’s Salt 

Springs powerhouse, crosses the ridge 

to Bear River Reservoir, travels up to the 

State Highway 88 and Old Alpine 

Highway route and generally follows 

those alignments to Kirkwood 

Meadows. The proposed project will be 

constructed in the various alignment 

segments described below, utilizing 

underground or above ground 

installation methods, as required. 

Segments PGE 1: Salt Springs 

substation along Salt Springs 

penstock—1.2 miles utilizing an 

overbuild of the existing PG&E 12 kV 

pole line. 

Segment PGE 2: Cole Creek to Bear 

River Reservoir via PG&E 12 kV 

distribution line—1.9 Miles utilizing an 

overbuild of the existing PG&E 12 kV 

pole line. 

Segment BRR 1: Bear River Reservoir 

to Hwy 88—3.6 miles (from the south 

side of Bear River Reservoir, across the 

Bear River Reservoir dam to Highway 

88). 

Segment OAH 1: 13.1 miles generally 

parallel to Hwy 88 on the Old Alpine 

Highway alignment where possible. 

Segment OAH 2: 2.1 miles generally 

parallel to Highway 88 from Tragedy 

Springs past Silver Lake. 

Segment CS 1: Oyster Springs to top 

of Carson Spur, generally parallel to 

Hwy 88 on Old Alpine Hwy—2.8 miles. 

Segment CS 2: Carson Spur in Hwy 

88—0.9 Miles. 

Segment CS 3: Departs Hwy 88 East 

of the Carson Spur to KMPUD facilities 

0.9 miles. 

A map of the proposed project 

alignment is available at http:// 

www.fs.fed.us/r5/eldorado/projects/, 

will be available for view at the Scoping 

Meetings listed below (see Scoping 

Process), or may be requested from the 

Forest Service at the addresses listed 

above (see FOR FURTHER CONTACT

INFORMATION). 

Background 

The Kirkwood Meadows power 

system currently uses a set of diesel 

generators with a maximum permitted 

capacity of 5.34 MW and a peak load of 

approximately 4 MW to power the ski 

resort, residences, and other businesses 

of Kirkwood Meadows. Since the 

approval of the first Kirkwood Master 

Plan in 1974, the ski resort has grown 

and now has power demands 

approaching the capacity of the existing 

diesel power plant. The Kirkwood 

Specific Plan completed in 2003 and the 

Mountain Master Plan completed in 

2007 approved continued expansion of 

the resort and related recreational 

opportunities which will in turn require 

more electrical capacity. 

Electrical energy can be unreliable in 

the Kirkwood Meadows service area, 

due to a combination of challenges 

related to generation and delivery of 

energy at high altitude and difficult 

winter conditions. Weather and 

equipment-related outages and low 

power quality occur in the Kirkwood 

Meadows area despite high rates and 

continuous investment in the system. 

One method of achieving a more 

reliable, higher capacity electricity 

source is to connect the Kirkwood 

community to the public electrical grid. 

Several discussions regarding line 

extensions and interconnection have 

occurred with both PG&E (in California) 

and Sierra Pacific Power (SPP, in 

Nevada and California) since 1996 and 

a resolution was not reached. Energy 

demand is expected to exceed capacity 

within the next few years, therefore, 

KMIPTJD has taken on responsibility for 

pursuing a connection to the grid. The 

new power line is expected to meet the 

following needs: increase the reliability 

of the power supply for the KMPUD 

service area, reduce particulates, noise 

and emissions from the diesel 

generation in Kirkwood Meadows 

valley, provide access to cost effective 

renewable sources of energy from the 

California electrical grid, and stabilize 

rates within the KMPUD service area. 

The Forest Service is the lead Federal 

agency for the preparation of a joint EIS/ 

EIR in compliance with the National 

Environmental Policy Act (NEPA) and 

all other applicable laws, executive 

orders, regulations, and direction. 

KMPUD is the lead State of California 

agency for the preparation of a joint EIS/ 

EIR in compliance with the California 

Environmental Quality Act (CEQA), 

California Public Resource Code 

Division 13, and all other applicable 

laws and regulations. Both agencies 

have determined a joint EIS/EIR is 

needed to efficiently analyze the 

proposed action and evaluate its 

impacts. Pursuant to CEQA, a Notice of 

Preparation of Joint EIS/EIR has also 

been prepared. 

Possible Alternatives 

The Forest Service will identify 

alternatives to the proposed action that 

address significant issues brought 

forward by the public during the 

scoping process. Possible alternatives 

could include: alternate alignments for 

the proposed power line, as well as 

construction alternatives to locate all or 

portions of the proposed power line 

underground, or an alternative for the 

types and number of poles and voltage 

that would be used. 

In addition, KMPUD has identified 

two preliminary alternatives for 

analysis: the Silver Lake alignment and 

the Long Valley alignment. 

The Silver Lake Alignment follows 

much of the Carson Spur Alignment 

until it reaches the north end of Silver 

Lake. The Silver Lake Alignment would 

depart from the proposed action 

alignment from Hwy 88 just north of 

Silver Lake, travel northeast of the lake 

to the top of Chair 6 at Kirkwood 

Meadows, and follow the Chair 6 

alignment into Kirkwood Meadows 

Valley. The Silver Lake Alignment 

includes Segments PGE 1, PGE 2, BRR 

1, OAR 1, OAH 2, NR 1, NR 2, NR 3. 

Segments PGE 1, PGE 2, OAH 1, OAR 

2—These segments are described in the 

Carson Spur Alignment above. 

Segment NR 1 & NR 2: Around 

northeast end of Silver Lake, and from 

Silver Lake to top of Chair 6—2.9 miles. 

Segment NR 3: Top of Chair 6 down 

a ski slope to KMPT.JD system—1.3 

miles. 

The Long Valley Alignment would be 

an overhead alignment along Long 

Valley, at 115 kV. The Long Valley 

Alignment commences near PG&E’s Salt 

Springs powerhouse, follows the PG&E 

penstock north, then swings northeast 

and generally parallels Cole Creek Road. 

The alignment then heads generally 

northeast through Long Valley to just 

south of Kirkwood Meadows, then 

swings north to Kirkwood Meadows 

valley. The Long Valley Alignment 

would be considered a corridor; and a 

precise alignment location would be 

surveyed in the future. The Long Valley 

Alignment includes Segments PGE 1 

and LV 1, LV 2, LV 3. 

Segment PGE 1: Salt Springs 

substation along Salt Springs 

penstock—1.2 miles. Segment LV 1, LV 

2, LV 3: LV 1 is top of Salt Springs 

penstock to Squaw Ridge, LV 2 is 


rwilkins on PROD1PC63 with NOTICES2
8898 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices 

Squaw Ridge to Allen Ranch, and LV 3 

is Allen Ranch to Kirkwood. 

In addition to the alignment 

alternatives, various construction 

technologies will be evaluated for 

applicability on all alignments. 

Construction technologies include: 

Æ Underground Construction: 

Underground construction would utilize 

direct burial or a conduit and vault 

system. Underground construction 

would require a nominal trench 

excavation of 18′′ W x 66′′ D, 

constructed within a cleared 

construction corridor of 30 to 40 feet in 

width. For direct burial, the power 

cables must be bedded in select backfill 

material 6 inches below and 12 inches 

above the cable. Trench sections of up 

to 3000 feet in length will be opened for 

installation of the cable. Power line 

sections crossing under roads, narrow 

waterways and other special crossings 

will be installed using directional 

boring techniques in rigid conduit on an 

as needed basis. An above ground 

switching cabinet will be required 

approximately every mile along the 

underground power line route. The 

cabinet and supporting concrete pad 

will be approximately 8 feet square and 

about 4 feet high. For a conduit and 

vault system, the trench requirements 

will be the same as the direct burial 

sections except that the trench can be 

backfilled immediately after installing 

the conduit and the cable installed at a 

later date. The cable is then pulled in 

the conduit from one vault to the next. 

Depending on the terrain profile and 

lateral changes in direction, pull and 

splice vaults are generally spaced about 

500–800 feet apart. 

Æ Overhead Lines: Overhead lines 

would be constructed in cleared 

corridors of 40 to 80 feet, depending on 

line voltage, terrain, snow depth and 

configuration of the pole structures. 

Weathering brown metal poles and low 

reflectivity conductors will be utilized 

wherever possible to better fit in with 

the surrounding forest. 

Construction and maintenance may 

utilize helicopter techniques. 

Lead and Cooperating Agencies 

The Forest Service and the KMPUD 

will be joint lead agencies in accordance 

with 40 CFR 1501.5(b), and are 

responsible for the preparation of the 

EIS/EIR. The Forest Service will serve as 

the lead agency under NEPA. The 

KMPUD will serve as the lead agency 

under CEQA. Scoping will determine if 

additional cooperating agencies are 

needed. 

Responsible Official 

The Forest Service responsible official 

for the preparation of the EIS/EIR is the 

Forest Supervisor of the Eldorado 

National Forest, Ramiro Villalvazo. 

Nature of Decision To Be Made 

The Forest Supervisor of the Eldorado 

National Forest will decide whether or 

not to authorize a 50-year term Special 

Use Permit for the construction, use and 

maintenance of a Kirkwood Meadows 

Public Utility District power line along 

the proposed alignment, to make such 

authorization based upon an alternative 

alignment, or decide to take no action, 

based upon the findings of the Final 

EIS/EIR. The Forest Supervisor of the 

Eldorado National Forest will only make 

a decision regarding impacts on 

National Forest System lands. Once the 

decision is made, a record of decision/ 

notice of decision to disclose the 

rationale for the decision will be 

published. 

Permits or Licenses Required 

Depending on the final alignment and 

configuration of the project, other 

necessary permits for the project may 

include, but are not limited to, an 

encroachment permit from Caltrans in 

order to construct the line within the 

right-of-way of State Highway 88 and 

Overload Permits; encroachment 

permits from Amador, Alpine and El 

Dorado Counties required to cross 

county rights-of-way; other local agency 

permits as may be required; air 

pollution permits from Amador County 

Air Pollution Control District 

(ACAPCD), El Dorado Air Quality 

Management District (EDAQMD), and 

Great Basin Unified Air Pollution 

Control District (GBUAPCD); National 

Pollution Discharge Elimination System 

(NPDES), General Construction permit 

issued by California’s Regional Water 

Quality Control Board; Section 404 

permit from the U.S. Army Corps of 

Engineers in the event of construction 

within jurisdictional waters (e.g., 

navigable waters or wetlands); Section 

1601 Streambed Alteration permit from 

the California Department of Fish and 

Game for construction within the bed or 

banks of any streams or creeks; 

California Department of Toxic 

Substance Control, EPA Hazardous 

Waste Generator Identification; State 

Historical Perservation Officer (SHPO) 

Section 106 Compliance. 

Scoping Process 

This notice of intent initiates the 

scoping process, which guides the 

development of the EIS/EIR. The Forest 

Service is seeking public and agency 

comment on the proposed project to 

identify major issues to be analyzed in 

depth and assistance in identifying 

potential alternatives to be evaluated. It 

is important that interested parties 

provide their comments at such times 

and in such manner that they are useful 

to the lead agencies’ preparation of the 

EIS/EIR. Therefore, comments should be 

provided prior to the close of the 

scoping period and should clearly 

articulate the interested party’s concerns 

and contentions to the Addresses stated 

above. Interested parties are also given 

the opportunity to provide comments at 

the Scoping Meetings on the dates/ 

times/locations scheduled below. This 

input will be used in preparation of the 

draft EIS/EIR. 

Information about the environmental 

review process will be posted on the 

Internet at: http://www.fs.fed.us/r5/ 

eldorado/projects/. This site will be 

used to post all public documents 

during the environmental review 

process and to announce upcoming 

public meetings. 

The Forest Service and KMPUD will 

hold two scoping meetings to provide 

information about the proposed action 

to the public, and to allow people to 

comment on the proposed action and 

possible alternatives. The scoping 

meetings will be held on the following 

dates, locations and times: 

1. April 7, 2009, 6 p.m. to 8 p.m., 

Jackson Civic Center, 33 Broadway, 

Jackson, CA 95642. 

2. April 8, 2009, 10 a.m. to 12 p.m., 

KMPUD office, 33540 Loop Road, 

Kirkwood, CA 95646. 

The scoping period on the proposed 

action and possible alternatives will 

extend from 45 days from the date that 

this NOT is published in the Federal 

Register. 

Early Notice of Importance of Public 

Participation in Subsequent 

Environmental Review 

The draft EIS/EIR is expected to be 

filed with the Environmental Protection 

Agency (EPA) and to be available for 

public review in March 2010. The EPA 

will publish a notice of availability of 

the draft EIS/EIR in the Federal 

Register. The comment period on the 

draft EIS/EIR will extend 45 days from 

the date the EPA notice appears in the 

Federal Register. At that time, copies of 

the draft EIS/EIR will be distributed to 

interested and affected agencies, 

organizations, and members of the 

public for their review and comment. It 

is very important that those interested 

participate at that time. The final EIS/ 

EIR is expected to be completed by 

October 2010. In the final EIS/EIR, the 

Forest Service and KMPUD are required 

to respond to comments received during 


rwilkins on PROD1PC63 with NOTICES2
Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices 8899 

the comment period that pertain to the 

environmental consequences discussed 

in the draft EIS/EIR and applicable laws, 

regulations, and policies considered in 

making the decision. 

It is important that reviewers provide 

their comments at such times and in 

such a way that they are useful to the 

Agency’s preparation of the ETS. 

Therefore, comments should be 

provided prior to the close of the 

comment period and should clearly 

articulate the reviewer’s concerns and 

contentions. The submission of timely 

and specific comments can affect a 

reviewer’s ability to participate in 

subsequent administrative review or 

judicial review. 

Comments received in response to 

this solicitation, including names and 

addresses of those who comment, will 

be part of the public record for this 

proposed action. Comments submitted 

anonymously will be accepted and 

considered; however, anonymous 

comments will not provide the 

respondent with standing to participate 

in subsequent administrative review or 

judicial review. 

Dated: February 20, 2009. 

Ramiro Villalvazo, 

Forest Supervisor. 

[FR Doc. E9–4119 Filed 2–26–09; 8:45 am] 

BILLING CODE 3410–11–M 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Allegheny National Forest, PA; 

Reserved and Outstanding Oil and Gas 

Design Criteria 

AGENCY: Forest Service, USDA. 

ACTION: Notice of intent to prepare a 

supplemental environmental impact 

statement. 

SUMMARY: The Allegheny National 

Forest proposes to apply design criteria 

included in the Allegheny National 

Forest Land and Resource Management 

Plan (Forest Plan), issued in March 2007 

to reserved and outstanding oil and gas 

development on the Forest. The 2007 

Forest Plan proposed design criteria are 

identified on pages 53 through 168. This 

proposal responds to instructions in the 

February 15, 2008 decision by the Chief 

of the Forest Service on appeals of the 

Allegheny National Forest Revised Land 

and Resource Management Plan. A 

Supplement to the Forest Plan 

Environmental Impact Statement (SEIS) 

will be prepared for this proposal. 

DATES: Comments concerning the 

proposed action must be received by 

March 26, 2009. The draft SEIS is 

expected in May 2009 and the final SEIS 

is expected in September 2009. 

ADDRESSES: Send written comments to 

Lois DeMarco, Allegheny National 

Forest, 4 Farm Colony Dr., Warren, PA 

16365. Comments may also be sent via 

e-mail to comments-easternallegheny@fs.fed.us, or via facsimile to 

814–726–1465. Comments sent via email should use the subject line 

‘‘Reserved and Outstanding Oil and Gas 

Design Criteria SEIS.’’ 

Comments received in response to 

this solicitation, including names and 

addresses of those who comment, will 

become part of the public record for this 

proposed action. Comments submitted 

anonymously will be accepted and 

considered; however, anonymous 

comments may limit the respondent’s 

ability to participate in subsequent 

administrative review or judicial 

review. 

FOR FURTHER INFORMATION CONTACT: Lois 

DeMarco, Allegheny National Forest, 4 

Farm Colony Dr., Warren, PA 16365; 

814–728–6179 or ldemarco@fs.fed.us. 

Individuals who use 

telecommunication devices for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

between 8 a.m. and 8 p.m., Eastern 

Time, Monday through Friday. 

SUPPLEMENTARY INFORMATION: The 

Allegheny National Forest consists 

largely of land acquired from the private 

sector via purchase or donation. At the 

time of acquisition, ownership of oil 

and gas resources had often been 

conveyed to other private parties 

(‘‘outstanding rights’’), or reserved by 

the private seller or donor (‘‘reserved 

rights’’). As a result, ninety-three 

percent of the Forest is subject to 

outstanding or reserved oil and gas 

rights. 

When the Forest Plan was revised in 

2007, concerns about the environmental 

effects of reserved and outstanding oil 

and gas development resulted in 

revision of the design criteria (also 

called standards and guidelines) applied 

to such oil and gas development. The 

draft Forest Plan included specific 

design criteria applicable to reserved 

and outstanding oil and gas 

development. The final Forest Plan 

substantially modified these design 

criteria, and for the first time, explicitly 

applied all design criteria to reserved 

and outstanding oil and gas 

development. 

The 2007 Forest Plan was 

administratively appealed, with the 

result that the Chief of the Forest 

Service directed the Regional Forester 

for the Forest Service Eastern Region to 

provide for public notice and comment 

on the application of design criteria to 

reserved and outstanding oil and gas 

development, and changes in Section 

2800 of the 2007 Forest Plan. In the 

interim, standards and guidelines from 

the previous Forest Plan (1986) are 

applied to reserved and outstanding oil 

and gas development. 

In the appeal decision, the Chief also 

instructed the Regional Forester to 

clarify the Allegheny National Forest’s 

authority to manage oil and gas 

activities, and to more fully document 

the cumulative effects of oil and gas 

development on air quality. 

The Forest Service continues to 

believe that the final 2007 Forest Plan 

better protects, enhances and restores 

ecosystems than the 1986 Forest Plan, 

and proposes to apply the design 

criteria described on pages 53 through 

168 of the 2007 Forest Plan. 

Purpose and Need for Action 

The Chief’s decision on appeals of the 

2007 Forest Plan creates the following 

needs to take action at this time: 

1. There is a need to provide public 

notice and an opportunity for comment 

on application of the design criteria 

defined on pages 53 through 168 of the 

2007 Forest Plan to reserved and 

outstanding oil and gas development. 

2. There is a need to better describe 

the Allegheny National Forest’s legal 

authority to determine the reasonable 

use of surface resources when reserved 

and outstanding oil and gas rights are 

exercised, and to incorporate clear 

language that defines the roles and 

responsibilities of the Forest Service, 

Commonwealth of Pennsylvania and 

private mineral owners in the SEIS, 

2007 Forest Plan and Record of 

Decision. There is also a need to 

distinguish between reserved an 

outstanding rights and how the 

management of these distinct mineral 

estates may vary depending upon 

language in individual deeds or the 

Secretary of Agriculture’s rules and 

regulations. 

3. There is a need to evaluate and 

disclose potential cumulative effects 

from emissions of methane, hydrogen 

sulfide, and emissions from vehicles 

and equipment used in oil and gas 

development on Allegheny National 

Forest and regional air quality. 

Proposed Action 

In response to the Chief’s three 

instructions, the Regional Forester for 

the Forest Service Eastern Region 

proposes to: 

1. Apply the design criteria found on 

pages 53 through 168 of the 2007 Forest 

Plan to reserved and outstanding oil and 

gas development; 


rwilkins on PROD1PC63 with NOTICES2