29464 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices 

wide site-specific proposals to develop 

reserved and outstanding mineral rights 

within the Allegheny National Forest, 

with provisions to mitigate impacts to 

surface resources. The need to take such 

action includes: 

1. To provide reasonable access to 

reserved and outstanding mineral rights 

beneath National Forest System lands of 

the Allegheny National Forest. 

2. Mitigating impacts to surface 

resources of the Allegheny National 

Forest associated with providing 

reasonable access for development of 

reserved and outstanding mineral rights 

by applying Forest Plan design criteria 

and site-specific mitigations. 

Proposed Action 

The Forest Service is proposing to 

authorize reasonable access for sitespecific proposals to develop reserved 

and outstanding mineral rights within 

the Allegheny National Forest, with 

provisions to mitigate impacts to surface 

resources. 

We are also proposing to use design 

criteria and a site-specific review 

process through this decision to 

authorize reasonable access for future 

site-specific proposals to develop 

reserved and outstanding mineral rights 

within the Allegheny National Forest, 

with provisions to mitigate impacts to 

surface resources. We may approve 

future proposals consistent with the 

design criteria and review process, 

when and where appropriate, pursuant 

to 40 Code of Federal Regulations (CFR) 

1506.3 and related regulations. 

For purposes of scoping, this 

proposed action will be consistent with 

standards and guidelines in the 2007 

Forest Plan Supplement Environmental 

Impact Statement proposed action. 

The 2007 Forest Plan proposed action 

standards and guidelines, as well as 

site-specific information such as maps, 

number of wells, and approximate road 

mileage for the proposed action, can be 

found at http://www.fs.fed.us/r9/forests/ 

allegheny/ and by clicking on the link 

for the Transition EIS. 

Possible Alternatives 

Alternatives are likely to include 

authorization of reasonable access for 

site-specific proposals to develop 

reserved and outstanding mineral rights 

within the Allegheny National Forest, 

using the alternative standards and 

guidelines that are being considered as 

part of the current Allegheny National 

Forest Plan Supplemental 

Environmental Impact process and other 

site-specific mitigations as provisions to 

mitigate impacts to surface resources. 

Alternative standards and guidelines 

that are being considered can be found 

at http://www.fs.fed.us/r9/forests/ 

allegheny/ and by clicking on the link 

for the Transition EIS. 

For the purpose of analysis and 

disclosure of environmental, social, and 

economic effects, denying reasonable 

access to reserved and outstanding 

mineral rights will serve as the Noaction alternative. The No-action 

alternative will only serve as a baseline 

for comparing effects of other 

alternatives considered, as the Forest 

Service acknowledges that it lacks the 

legal authority to deny reasonable 

access to reserved and outstanding 

mineral rights without engaging in a 

taking of private property rights. 

Lead and Cooperating Agencies 

The lead agency for this proposal is 

the USDA Forest Service. The U.S. 

Environmental Protection Agency, U.S. 

Bureau of Land Management, and 

Pennsylvania Department of 

Environmental Protection will be 

invited to become cooperating agencies 

for this proposal. 

Responsible Official 

The Responsible Official for the 

decision is the Allegheny National 

Forest Supervisor, Leanne M. Marten. 

Nature of Decision To Be Made 

The decisions to be made by the 

Forest Supervisor are (1) what 

mitigations, if any, to apply in the 

authorization of reasonable access for 

site-specific proposals to develop 

reserved and outstanding mineral rights 

within the Allegheny National Forest; 

(2) what design criteria, review process, 

and mitigations, if any, to apply in the 

authorization of reasonable access for 

future site-specific proposals to develop 

reserved and outstanding mineral rights 

within the Allegheny National Forest. 

Permits or Licenses Required 

The Forest Service is not required to 

obtain any permits or licenses in order 

to implement this proposal. 

Scoping Process 

This Notice of Intent initiates the 

scoping process, which guides the 

development of the environmental 

impact statement. Public comment and 

involvement opportunities for this 

project can be found at http:// 

www.fs.fed.us/r9/forests/allegheny/. 

Upon entering this Web site, there is a 

link for the Transition EIS that will 

provide information pertaining to this 

project. 

It is important that reviewers provide 

their comments at such times and in 

such manner that they are useful to the 

agency’s preparation of the 

environmental impact statement. 

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 appeal or 

judicial review. 

Dated: June 16, 2009. 

Leanne M. Marten, 

Forest Supervisor. 

[FR Doc. E9–14545 Filed 6–19–09; 8:45 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF AGRICULTURE 

Rural Utilities Service 

Oglethorpe Power Corporation, Inc.: 

Notice of Intent To Hold Public 

Scoping Meetings and Prepare an 

Environmental Impact Statement 

AGENCY: Rural Utilities Service, USDA. 

ACTION: Notice of intent to hold public 

scoping meetings and prepare two 

Environmental Impact Statements (EIS). 

SUMMARY: The Rural Utilities Service 

(RUS) intends to hold public scoping 

meetings and prepare an Environmental 

Impact Statement (EIS) to meet its 

responsibilities under the National 

Environmental Policy Act (NEPA) and 7 

CFR part 1794 in connection with 

potential impacts related to projects 

proposed by Oglethorpe Power 

Corporation (Oglethorpe) of Tucker, 

Georgia. The proposal consists of the 

construction of a 100-MW biomass 

power plant in Appling County near 

Baxley, Georgia. Oglethorpe is 

requesting RUS to provide financial 

assistance for the proposed action. 

DATES: RUS will conduct a public 

scoping meeting in an open house 

format in order to provide information 

and solicit comments for the 

preparation of the EIS. The public 

meeting will be held on Wednesday, 

July 8, 2009 from 5:30–7:30 p.m. at 

Courthouse Annex at 69 Tippins Street, 

Baxley, Georgia 31513; telephone (912) 

367–8100 in Baxley, Georgia. All 

written questions and comments must 

be received by RUS by July 22, 2009. 

ADDRESSES: To send comments or for 

further information, contact Stephanie 

Strength, Environmental Protection 

Specialist, USDA Rural Development 

Utilities Programs, at 1400 

Independence Avenue, SW., Stop 1571, 

Washington, DC 20250–1571, or e-mail 

stephanie.strength@wdc.usda.gov. 

An Alternatives Report (AR) prepared 

by Oglethorpe will be available at the 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices 29465 

public scoping meeting, at the Agency’s 

address provided in this notice, at the 

Agency’s Web site: http:// 

www.usda.gov/rus/water/ees/eis.htm at 

Oglethorpe Power Corporation, 2100 

East Exchange Place, Tucker, Georgia, 

and at the following locations: 

Appling County Public Library, 244 E. 

Parker Street, Baxley, GA 31513, 

Phone: (912) 367–8103. 

Warren County Public Library, 10 

Warren Street, Warrenton, GA 30828, 

Phone: (706) 465–2656. 

SUPPLEMENTARY INFORMATION: 

Oglethorpe proposes to construct a new 

100-MW biomass power plant in 

Appling County near Baxley, Georgia. 

The proposal is to meet, in part, the 

future demand of Oglethorpe’s Members 

to provide a reliable, long-term supply 

of renewable and sustainable energy. 

Oglethorpe is seeking financing from 

RUS for its investment. The proposal is 

classified in 7 CFR 1794.25 as requiring 

an EIS. 

Prior to making a financial decision 

about whether to provide financial 

assistance for a proposal, RUS is 

required to conduct an environmental 

review under the NEPA in accordance 

with the Agency policies and 

procedures codified in 7 CFR part 1794. 

These regulations require the Agency to 

consider engineering alternatives 

including no action, load management, 

conservation measures, and reactive 

power supply. 

Government agencies, private 

organizations, and the public, are 

invited to participate in the planning 

and analysis of the proposed projects. 

Representatives from the Agency and 

Oglethorpe will be available at the 

scoping meetings to discuss the 

environmental review process, describe 

the proposals, discuss the scope of 

environmental issues to be considered, 

answer questions, and accept 

comments. As part of its broad 

environmental review process, the 

Agency must take into account the effect 

of the proposal on historic properties in 

accordance with Section 106 of the 

National Historic Preservation Act and 

its implementing regulation, ‘‘Protection 

of Historic Properties’’ (36 CFR part 

800). Pursuant to 36 CFR 800.2(d)(3), 

the Agency is using its procedures for 

public involvement under NEPA to 

meet its responsibilities to solicit and 

consider the views of the public during 

Section 106 review. Accordingly, 

comments submitted in response to 

scoping will inform Agency decision 

making in Section 106 review. Any 

party wishing to participate more 

directly with the Agency as a 

‘‘consulting party’’ in Section 106 

review may submit a written request to 

do so to the Agency contact at the above 

address. 

Using information from the 

Alternatives Report and considering 

input provided by government agencies, 

private organizations, and the public, 

RUS and Oglethorpe, in consultation 

with the cooperating agencies, will 

determine the scope of the EIS. Notices 

announcing the availability of the Draft 

EIS will be published in the Federal 

Register and local newspapers. 

Any final action by the Agency 

related to the proposal will be subject 

to, contingent upon, and in compliance 

with environmental review 

requirements and will be conducted as 

prescribed by the Agency’s 

environmental policies and procedures 

(7 CFR part 1794). 

Dated: June 12, 2009. 

Mark S. Plank, 

Director, Engineering and Environmental 

Staff, USDA Rural Utilities Service. 

[FR Doc. E9–14561 Filed 6–19–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Rural Utilities Service 

Oglethorpe Power Corporation, Inc.: 

Notice of Intent To Hold Public 

Scoping Meetings and Prepare an 

Environmental Impact Statement 

AGENCY: Rural Utilities Service, USDA. 

ACTION: Notice of intent to hold public 

scoping meetings and prepare two 

Environmental Impact Statements (EIS). 

SUMMARY: The Rural Utilities Service 

(RUS) intends to hold public scoping 

meetings and prepare an Environmental 

Impact Statement (EIS) to meet its 

responsibilities under the National 

Environmental Policy Act (NEPA) and 7 

CFR part 1794 in connection with 

potential impacts related to projects 

proposed by Oglethorpe Power 

Corporation (Oglethorpe) of Tucker, 

Georgia. The proposal consists of the 

construction of a 100-MW biomass 

power plant in Appling County near 

Baxley, Georgia. Oglethorpe is 

requesting RUS to provide financial 

assistance for the proposed action. 

DATES: RUS will conduct a public 

scoping meeting in an open house 

format in order to provide information 

and solicit comments for the 

preparation of the EIS. The public 

meeting will be held on Wednesday, 

July 8, 2009 from 5:30–7:30 p.m. at 

(Courthouse Annex at 69 Tippins Street, 

Baxley, Georgia 31513; telephone (912) 

367–8100) in Baxley, Georgia. All 

written questions and comments must 

be received by RUS by July 22, 2009. 

ADDRESSES: To send comments or for 

further information, contact Stephanie 

Strength, Environmental Protection 

Specialist, USDA Rural Development 

Utilities Programs, at 1400 

Independence Avenue, SW., Stop 1571, 

Washington, DC 20250–1571, or e-mail 

stephanie.strength@wdc.usda.gov. 

An Alternatives Report (AR) prepared 

by Oglethorpe will be available at the 

public scoping meeting, at the Agency’s 

address provided in this notice, at the 

Agency’s Web site: http:// 

www.usda.gov/rus/water/ees/eis.htm, at 

Oglethorpe Power Corporation, 2100 

East Exchange Place, Tucker, Georgia, 

and at the following locations: 

Appling County Public Library, 244 E. 

Parker Street, Baxley, GA 31513, 

Phone: (912) 367–8103. 

Warren County Public Library, 10 

Warren Street, Warrenton, GA 30828, 

Phone: (706) 465–2656. 

SUPPLEMENTARY INFORMATION: 

Oglethorpe proposes to construct a new 

100-MW biomass power plant in 

Appling County near Baxley, Georgia. 

The proposal is to meet, in part, the 

future demand of Oglethorpe’s Members 

to provide a reliable, long-term supply 

of renewable and sustainable energy. 

Oglethorpe is seeking financing from 

RUS for its investment. The proposal is 

classified in 7 CFR 1794.25 as requiring 

an EIS. 

Prior to making a financial decision 

about whether to provide financial 

assistance for a proposal, RUS is 

required to conduct an environmental 

review under the NEPA in accordance 

with the Agency policies and 

procedures codified in 7 CFR part 1794. 

These regulations require the Agency to 

consider engineering alternatives 

including no action, load management, 

conservation measures, and reactive 

power supply. 

Government agencies, private 

organizations, and the public, are 

invited to participate in the planning 

and analysis of the proposed projects. 

Representatives from the Agency and 

Oglethorpe will be available at the 

scoping meetings to discuss the 

environmental review process, describe 

the proposals, discuss the scope of 

environmental issues to be considered, 

answer questions, and accept 

comments. As part of its broad 

environmental review process, the 

Agency must take into account the effect 

of the proposal on historic properties in 

accordance with Section 106 of the 

National Historic Preservation Act and 

its implementing regulation, ‘‘Protection 

of Historic Properties’’ (36 CFR part 


pwalker on PROD1PC71 with NOTICES