[Federal Register Volume 73, Number 158 (Thursday, August 14, 2008)]
[Notices]
[Pages 47579-47580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18833]


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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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Federal Register / Vol. 73, No. 158 / Thursday, August 14, 2008 / 
Notices

[[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]
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