[Federal Register: February 8, 2010 (Volume 75, Number =
25)]
[Notices] =20
[Page 6168-6169]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08fe10-28] =20
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DEPARTMENT OF AGRICULTURE
Forest Service
=20
Angeles National Forest, California; Tehachapi Renewable=20
Transmission Project, Supplemental Draft EIS
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare a supplemental environmental impact=20
statement.
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SUMMARY: The Forest Service will prepare a Supplemental Draft=20
Environmental Impact Statement (SDEIS) to assess the impacts of the=20
Station Fire and other project changes affecting National Forest System=20
(NFS) lands. After the public review period for the SDEIS, the Forest=20
Service will issue its Final EIS. Following release of the Final EIS,=20
the Forest Service will issue a Record of Decision (ROD) to document=20
the decision to either approve or deny the requested Special Use=20
authorization for the Project in response to the application received=20
from Southern California Edison for construction of a series of=20
transmission system improvements to deliver electricity from new wind=20
energy projects in eastern Kern County. The proposed project would be=20
located in Kern, Los Angeles, and San Bernardino counties. The purpose=20
of the project is to provide the electrical facilities necessary to=20
reliably interconnect and integrate in excess of 700 megawatts (MW) and=20
up to approximately 4,500 MW of new wind generation in the Tehachapi=20
Wind Resource Area, currently being planned or expected in the future,=20
thereby assisting SCE and other California utilities to comply with=20
California's Renewables Portfolio Standard (RPS) goals in an expedited=20
manner. It would also further address the reliability needs of the=20
California Independent System Operator (CATS 0) controlled grid due to=20
projected load growth in the Antelope Valley, and address existing=20
constraints in the transmission system south of the Lugo Substation in=20
Hesperia, California. As the NEPA Lead Agency for the project, the USDA=20
Forest Service will conduct a detailed review of the impacts of the=20
Station Fire which burned approximately 251 square miles of NFS lands=20
in the Angeles National Forest between August 26, 2009 and October 16,=20
2009. The burned area includes portions of Segments 6 and 11 of the=20
project. An estimated 75% of the project area on National Forest lands=20
was affected.
Changes to the affected environment will be addressed to assess the=20
impacts of the Station Fire. In addition, project changes affecting NFS=20
lands, which may include new helicopter landing/staging sites (a.k.a.=20
fly-yards), pulling/splicing locations, alternate access roads, and=20
changes in tower design will be analyzed in the SDEIS. The USDA Forest=20
Service is providing notice of this analysis so that interested and=20
affected individuals are aware of how they may participate and=20
contribute to the final decision on the TRTP by the Forest Service.
DATES: The SDEIS is expected to be published May 1, 2010. A 45-day=20
comment period will occur following publication of an NOA in the=20
Federal Register. Based on this schedule, comments on the information=20
contained in the SDEIS would need to be received by June 15, 2010. The=20
Final EIS is anticipated in September 2010. Project scoping was held in=20
2007. No additional scoping effort will occur as part of the SDEIS=20
preparation process.
ADDRESSES: To request a copy of the SDEIS or Final ETS and/or to send=20
written comments, please write to the Angeles National Forest, c/o=20
Aspen Environmental Group, 30423 Canwood Street, Suite 215, Agoura=20
Hills, CA 91301. Alternately, electronic comments may be sent to=20
TRTP@aspeneg.com. Electronic =
comments must be submitted as part of the=20
actual e-mail message, or as an attachment in plain text (.txt),=20
Microsoft Word (.doc), rich text format (.rtf), or portable document=20
format (.pdf). Information about the Supplemental EIS and the=20
environmental review process will be posted on the Internet at: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingF=
R.html&log=3Dlinklog&to=3Dhttp://www.fs.fed.us/r5/angeles/project=
s/. This site will be used to post=20
links to all public documents during the Supplemental EIS process.
FOR FURTHER INFORMATION CONTACT: Justin Seastrand, Special Uses=20
Coordinator, Forest Service, Angeles National Forest, 701 N. Santa=20
Anita Ave., Arcadia, CA 91006, phone: (626) 574-5278. For additional=20
information related to the project on non-NFS lands, contact John=20
Boccio, California Public Utilities Commission (CNJC), .505 Van Ness=20
Avenue, San Francisco, CA 94102; phone: (415) 703-2641. Project=20
information can also be requested by leaving a voice message or sending=20
a fax to the Project Information Hotline at (888) 331-9897.
Responsible Official: The responsible official will be Jody Noiron,=20
Forest Supervisor, Angeles National Forest, 701 North Santa Anita=20
Avenue, Arcadia, CA, 91006.
SUPPLEMENTARY INFORMATION: Lead and Cooperating Agencies. The USDA=20
Forest Service is the lead agency, in accordance with 40 CFR 1501.5(b),=20
and is responsible for the preparation of the SDEIS and Final EIS. The=20
Army Corps of Engineers is a cooperating agency.
Comment. A SDETS will be prepared and available for public comment.=20
The comment period on the SDEIS will be 45 days from the date the=20
Environmental Protection Agency publishes the Notice of Availability=20
(NOA) in the Federal Register. To assist the Forest Service in=20
identifying and considering issues and concerns on the analysis of the=20
changed environmental conditions due to the Station Fire and project=20
changes since the publication of the Draft EIS, comments on the SDEIS=20
should be as specific as possible. It is also helpful if comments refer=20
to specific pages or chapters of the SDEIS.
Comments may also address the adequacy of the SDEIS. Comments=20
received on the SDEIS, including names and addresses of those who=20
comment, will be considered part of the public record and will be=20
available for public inspection. Comments submitted anonymously will be=20
accepted and considered; however, those who submit anonymous comments=20
will not have standing to appeal the subsequent decision under 36 CFR=20
parts 215 and 217. Additionally, pursuant to 7 CFR 1.27(d), any person=20
may request the agency to withhold a submission from the public record=20
by showing how the Freedom of Information Act (FOIA) permits such=20
confidentiality. Persons requesting such confidentiality should be=20
aware that, under FOIA, confidentiality may be granted in only very=20
limited circumstances, such as to protect trade secrets. The Forest=20
Service will inform the requester of the agency's decision regarding=20
the request for confidentiality, and where the request is denied, the=20
agency will return the submission and notify the requester that
[[Page 6169]]
the comments may be resubmitted with or without name and address within=20
a specified number of days.
The Forest Service believes, at this early stage, it is important=20
to give reviewers notice of several court rulings related to public=20
participation in the environmental review process. First, reviewers of=20
a draft EIS must structure their participation in the environmental=20
review of the proposal so that it is meaningful and alerts an agency to=20
the reviewer's position and contentions [Vermont Yankee Nuclear Power=20
Corp. v. NRDC, 435 U.S. 519, 553 (1978)1. Also, environmental=20
objections that could be raised at the draft EIS stage but that are not=20
raised until after completion of the final EIS may be waived or=20
dismissed by the courts [City of Angoon v. Harris, 490 F. Supp. 1334,=20
1338 (E.D. Wis. 1980)]. Because of these court rulings, it is very=20
important that those interested in this process participate by the=20
close of the 45-day comment period so that substantive comments and=20
objections are made available to the Forest Service at a time when it=20
can meaningfully consider them and respond to them in the final EIS.
Reviewers may wish to refer to the Council on Environmental Quality=20
Regulations for implementing the procedural provisions of the National=20
Environmental Policy Act at 40 CFR 1503.3 in addressing these points.
In the final EIS, the Forest Service is required to respond to=20
substantive comments received during the comment period for the draft=20
and supplemental draft EIS's. The Forest Service is the lead agency and=20
the responsible official is the Forest Supervisor, Angeles National=20
Forest. The responsible official will decide whether and how to issue=20
Special Use authorizations for the proposed project or alternatives.=20
The responsible official will also decide how to mitigate impacts of=20
these actions and will determine when and how monitoring of effects=20
will take place.
The Tehachapi Renewable Transmission Project decision and the=20
reasons for the decision will be documented in the record of decision.=20
That decision will he subject to Forest Service Appeal Regulations (35=20
CFR part 215).
Dated: January 27, 2010.
Marty Dumpis,
Deputy Forest Supervisor.
[FR Doc. 2010-2263 Filed 2-5-10; 8:45 am]
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