[Federal Register: February 10, 2010 (Volume 75, Number = 27)] [Notices] =20 [Page 6625-6627] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr10fe10-28] =20 ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Forest Service =20 Dixie National Forest, UT, Kitty Hawk Administrative Site Master=20 Development Plan AGENCY: Forest Service, USDA. ACTION: Notice of Intent to Prepare an Environmental Impact Statement. ----------------------------------------------------------------------- SUMMARY: The USDA Forest Service will prepare an Environmental Impact=20 Statement (EIS) to analyze the master development plan for the Kitty=20 Hawk Forest Service Administrative Site within the city limits of Cedar=20 City, Utah. The site is administered by the Cedar City Ranger District,=20 Dixie National Forest, Utah. The agency gives notice of the full=20 environmental analysis and decision-making process that will occur on=20 the proposal so that interested and affected people may become aware of=20 how they can participate in the process and contribute to the final=20 decision. DATES: Comments concerning the scope of the analysis must be received=20 by thirty days after publication of this Notice of Intent in the=20 Federal Register. The draft environmental impact statement is expected=20 in May, 2010. The final environmental impact statement is expected in=20 September, 2010. ADDRESSES: Send written comments to: Kitty Hawk Administrative Site=20 Master Development Plan Analysis Coordinator, Cedar City Ranger=20 District, Dixie National Forest, 1789 Wedgewood Lane, Cedar City, Utah=20 84721. Electronic comments must be submitted in rich text format=20 (.rtf), or Word (.doc) to comments-intermtn-dixie= @fs.fed.us. FOR FURTHER INFORMATION CONTACT: Kitty Hawk Administrative Site Master=20 Development Plan Analysis Coordinator, Cedar City Ranger District,=20 Dixie National Forest, 1789 Wedgewood Lane, Cedar City, Utah 84721. [[Page 6626]] SUPPLEMENTARY INFORMATION: The 14-acre Kitty Hawk Administrative Site=20 is located in Cedar City at 1750 West Kitty Hawk Drive. The site is=20 owned by the USDA-Forest Service and jointly occupied by the Dixie=20 National Forest, the USDI-Bureau of Land Management Cedar City District=20 Office and the USDI-National Park Service. The site is zoned as I&M1 = (Industrial and Manufacturing). Management of the site is in compliance=20 with City zoning as well as State and Federal regulations regarding=20 administrative sites. The site has been developed over the past 30=20 years and currently has four permanent buildings, several parking=20 areas, several sheds for equipment storage and open areas designated=20 for a variety of vehicle and equipment storage. Recent review indicates the need for a Master Development Plan to=20 guide future development of the site. Preliminary analysis found that=20 the presence of Utah prairie dogs (a Threatened species) on the site=20 warranted an environmental impact statement of the new Master=20 Development Plan. The Proposed Action is a Master Development Plan (MDP) for the=20 existing 14-acre administrative site. The MDP will detail planned=20 facilities, other development and uses for the site into the=20 foreseeable future. Existing facilities include an Interagency Fire Center, Fire Cache,=20 Old Fire Center/Future Building Pad and Fire Engine Building. New facilities to be constructed include additions to the=20 Interagency Fire Center, five new buildings (engine building, vehicle=20 wash, HAZMAT storage, maintenance shop and equipment building. Part of the site will be hardened for outside storage for ATV's,=20 equipment, and supplies. Six large parking lots will also be developed. Possible Alternatives: Two or more alternatives will be considered=20 in the analysis. No action. Under this alternative, the existing=20 administrative site will remain with no further development. This=20 alternative will be fully evaluated and described. Proposed Action (as described above). Additional Alternatives--Additional alternatives may be developed=20 in response to issues and resource conditions evaluated through the=20 analysis. Responsible Official: The responsible official for this EIS and the=20 Record of Decision is: Robert G. MacWhorter, Forest Supervisor, Dixie=20 National Forest, 1789 Wedgewood Lane, Cedar City, Utah 84721; FAX:=20 (435) 865-3791. Nature of Decision To Be Made: The Responsible Official will decide=20 whether the proposed Master Development Plan would be adopted and the=20 site developed accordingly. Scoping Process: Public participation was initiated through scoping=20 in December, 2009. A scoping notice was sent to individuals and=20 organizations who are potentially affected parties and those that have=20 expressed interest in projects. Comments and issues were received in=20 response to scoping. Scoping will continue. Public participation is especially important=20 during scoping and review of the draft EIS. Individuals, organizations,=20 Federal, State, and local agencies who are interested in or affected by=20 the decision are invited to participate in the scoping process. This=20 information will be used in the preparation of the draft EIS. Preliminary Issue. The following issue was identified through=20 public scoping and internal resource analyses: The site has Utah prairie dog habitat and a colony of prairie dogs.=20 This is a Threatened species listed under the Endangered Species Act.=20 Consultation with the U.S. Fish and Wildlife Service have concluded=20 that the prairie dog habitat will be adversely affected by the planned=20 developments. Mitigation for the habitat loss will be developed during=20 further consultation with USFWS. Comments Requested. Comments will continue to be received and=20 considered throughout the analysis process. Comments received in=20 response to this notice and through scoping, including names and=20 addresses of those who comment, will be considered part of the public=20 record of this proposed action and will be available for public=20 inspection. Additionally, pursuant to 7 CFR 1.27(d), any person may=20 request the agency to withhold a submission from the public record by=20 showing how the Freedom of Information Act (FOIA) permits such=20 confidentiality. Persons requesting such confidentiality should be=20 aware that, under the 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 the=20 comments may be resubmitted with or without name and address within a=20 specified number of days. Early Notice of Importance of Public Participation in Subsequent=20 Environmental Review: A draft environmental impact statement will be=20 prepared for comment. The draft EIS is expected to be filed with the=20 EPA (Environmental Protection Agency) and to be available for public=20 review. At that time the EPA will publish a notice of availability of=20 the draft EIS in the Federal Register. The comment period for the draft=20 environmental impact statement will be forty-five days from the date=20 the EPA's notice of availability appears in the Federal Register.=20 Comments on the draft EIS should be as specific as possible and may=20 address the adequacy of the statement or the merits of the alternatives=20 discussed (Reviewers may wish to refer to the Council on Environmental=20 Quality Regulations for implementing the procedural provisions of the=20 National Environmental Policy Act at 40 CFR 1503.3 in addressing these=20 points). 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 draft environmental impact statements must structure their=20 participation in the environmental review of the proposal so that it is=20 meaningful and alerts an agency to the reviewers' position and=20 contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,=20 553 (1978). Also, environmental objections that could have been raised=20 at the draft environmental impact statement stage but that are not=20 raised until after completion of the final environmental impact=20 statement may be waived or dismissed by the courts. City of Angoon v.=20 Hodel (9th Circuit, 1986), and Wisconsin Heritages, Inc. v. Harris, 490=20 F. Supp. 1334. 1338 (E.D. Wis. 1980). Because of these court rulings,=20 it is very important that those interested in this proposed action=20 participate by the close of the 45-day comment period so that=20 substantive comments and objections are made available to the Forest=20 Service at the time it can meaningfully consider them and respond to=20 them in the final environmental impact statement. Comments submitted=20 anonymously will be accepted and considered; however, those who submit=20 anonymous comments will not have standing to appeal the subsequent=20 decision under 36 CFR Parts 215. To assist the Forest Service in=20 identifying and considering issues and concerns about the proposed=20 action, comments on the draft environmental impact statement should be=20 as specific as possible. It is also helpful if comments refer to=20 specific pages or chapters of the draft statement. Comments may also=20 address the adequacy of the statement or the merits of the alternatives=20 formulated and [[Page 6627]] discussed in the statement. Reviewers may wish to refer to the Council=20 on Environmental Quality Regulations for implementing the procedural=20 provisions of the National Environmental Policy Act at 40 CFR 1503.3 in=20 addressing these points. In the final EIS, the Forest Service is required to respond to=20 substantive comments and responses received during the comment period=20 that pertain to the environmental consequences discussed in the draft=20 EIS and applicable laws, regulations, and policies considered in making=20 a decision regarding the proposal. The Responsible Official will=20 document the decision and rationale for the decision in a Record of=20 Decision. The final EIS is scheduled for completion in September, 2010.=20 The decision will be subject to review under Forest Service Appeal=20 Regulations. Dated: January 29, 2010. Robert G. MacWhorter, Forest Supervisor, Dixie National Forest. [FR Doc. 2010-2516 Filed 2-9-10; 8:45 am] BILLING CODE 3410-11-M