[Federal Register Volume 67, Number 89 (Wednesday, May 8, 2002)]
[Notices]
[Pages 30867-30869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11353]


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DEPARTMENT OF AGRICULTURE

Forest Service


CARMA (Combined Array for Research in Millimeter-Wave Astronomy) 
Special Use Permit Authorization

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an Environmental Impact Statement 
and to conduct public scoping meetings.

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SUMMARY: The Forest Service, USDA, will prepare an environmental impact 
statement (EIS) to analyze and disclose the environmental impacts of a 
Special-Use Permit for a proposed project in the Inyo National Forest 
to operate an array of radio telescopes (antennas). The proposed 
project is called CARMA (Combined Array for Research in Millimeter-wave 
Astronomy).
    The proposed CARMA array would combine two existing arrays: 6 
antennas currently operated by the California Institute of Technology 
(Caltech) at the existing Owens Valley Radio Observatory (OVRO) site, 
and 9 antennas at Hat Creek in Shasta County, California, operated by 
the Berkeley-Illinois-Maryland Association (BIMA). BIMA is comprised of 
the University of California (Berkeley), the University of

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Illinois (Urbana-Champaign), and the University of Maryland (College 
Park). An additional 8 antennas from the University of Chicago, 
currently under development, are also proposed as part of the CARMA 
project. The CARMA consortium is a collaboration between Caltech and 
the BIMA consortium.
    CARMA would enhance the United States' capability for research and 
education in millimeter-wave astronomy by using a combined array at an 
altitude approximately 4,000 feet higher than that at the OVRO 
facility. The increased altitude minimizes the adverse effects of 
atmospheric water vapor on astronomical observations. The proposed site 
for the project is an unnamed flat, which will be refered to as Juniper 
Flat, that is at an altitude of 7,800-7,900 feetin the Inyo Mountains, 
northeast from Big Pine, California. Two additional sites in the Inyo 
Mountains (Cedar Flat and Lower Harkless Flat) within the Inyo National 
Forest have also been analyzed by the proponent.
    The purpose of the EIS will be to develop and evaluate a range of 
alternatives, including a No Action alternative and possible additional 
alternatives, to respond to issues identified during the scoping 
process. The decision on the proposed project by the Responsible 
Official will be in compliance with the direction in the Inyo National 
Forest Land and Resource Management Plans (1988), as amended by the 
Sierra Nevada Forest Plan Amendment, Record of Decision 2001, which 
provides the overall guidance for management of the area.
    A joint EIS-EIR document is being prepared for compliance with the 
California Environmental Quality Act (CEQA), in coordination with the 
University of California (UC). UC will be carrying out the procedures 
under CEQA necessary to process the document as an EIR. Public 
meetings, hearings, and comment opportunities will be coordinated. For 
example, the scoping meeting described below will serve as the CEQA 
scoping meeting, and all comments submitted to the USFS contact person 
below will be addressed by UC in the CEQA process.

DATES: Two Public Scoping Meetings will be held to discuss the proposed 
action and the EIS process. On Monday June 3, 2002, a meeting will be 
held at the Parish Hall of Our Lady of Perpetual Help Catholic Church, 
849 Home St., Bishop, California from 6:30 to 9 p.m. On Tuesday, June 
4, 2002 a meeting will be held at the Mammoth Room at the Shilo Inn, 
2963 Main Street, Mammoth Lakes, California from 6:30 to 9 p.m. The 
public is asked to submit comments on the proposed action postmarked by 
June 21, 2002.

ADDRESSES: Send written comments to: Colleen (Chaz) O'Brien, IDT 
Leader, USDA Forest Service, Inyo National Forest, 873 North Main 
Street, Bishop, CA 93514.

FOR FURTHER INFORMATION CONTACT: Colleen (Chaz) O'Brien, IDT Leader, 
Inyo National Forest, at the address listed above. The phone number is 
(760) 873-2490.

SUPPLEMENTARY INFORMATION:

Background

    This action is proposed in response to an application submitted by 
Caltech. The CARMA Project has been under predevelopment review by the 
Forest Service since 1999. Initially, the project proponent had 
identified Upper Harkless Flat (UHF) as the proposed site. In response 
to public comments expressing concern about the UHF site and requesting 
that an alternative site be identified, the applicant removed the UHF 
site from consideration and proposed the Juniper Flat site. A special-
use permit application for the Juniper Flat site was submitted in 
October of 2001.
    The proposed site is located in Management Prescription #18 within 
Inyo National Forest Management Area #13 and is designated as a 
Multiple Resource Area. The proposed rule will be consistent with the 
management direction for Multiple Resource Area in the Land and 
Resource Management Plan for Inyo National forest. The EIS/EIR and any 
permit terms and conditions that may be contemplated for the Proposed 
Action will comprehensively address applicable standards and guidelines 
in the Land and Resource Management Plan.

Proposed Action

    The INF is not in the business of identifying or controlling the 
best procedures for developing and managing research in millimeter wave 
astronomy. The Proposed Action that is being contemplated is whether to 
grant a special-use permit for the use of Forest land for the CARMA 
proposal, based on the National Forest plans and policies and 
considering the potential environmental impacts of the proposed action, 
other action alternatives, and a no action alternative. Depending upon 
the alternative selected, the Responsible official will also decide if 
a non-significant amendment is necessary. Preliminary analysis 
indicates that a non-significant amendment may be necessary to meet 
Visual Quality Objectives (VQO's).
    The CARMA proposal consists of a millimeter-wave radio telescope 
array of 23 antennas of three different sizes: six 10.4 meter diameter 
antennas relocated from the OVRO facility; nine 6.1 meter diameter 
antennas relocated from the BIMA observatory at Hat Creek, CA; and, 
eight 3.5 meter diameter antennas from the University of Chicago.
    The 23 movable antennas would be placed on the stations in various 
patterns depending on the research project; the eight 3.5 meter 
diameter antennas from the University of Chicago will remain on the 
central pad. All of the antennas would be relocated to the site from 
the OVRO facility and repositioned on the site by a road-capable 
special purpose transporter.
    The antenna array would be positioned within a area of 
approximately 800 acres. The proposed project would require the 
disturbance and development of approximately 30.5 acres including a 
central complex, outlying antenna stations, site access improvements, 
and a repeater station. The proposed central complex includes: A 250-
foot-by-250-foot concrete center pad area with 17 antenna stations; a 
7,000-square-foot control building (including overnight accommodations 
for two astronomers); a 2,000-square-foot workshop; and a 600-kVA 
diesel electric-power generating facility. The proposed outlying 
antenna stations are comprised of 37 concrete antenna pads (each sized 
20-feet-by-20-feet and 18-inches thick), interconnected by dirt roads 
and underground cables. Proposed site access improvement includes 
modification of 3.6 miles of existing dirt road. The proposed repeater 
station is comprised of a 20 by 40 foot site located approximately 3 
miles northwest of Juniper Flat.

Scoping

    Alternatives to the proposed action will be developed in response 
to issues identified during scoping. Issues that have been identified 
to date include potential effects on the following: visual quality, 
flora and fauna, heritage resources, geology and soils, recreation, 
traffic and air quality. The scoping process will include the 
following: identification and clarification of issues; identification 
of significant issues; exploration and development of additional 
alternatives; and identification of potential environmental effects of 
the Proposed Action and alternatives.

Coordination With Other Agencies

    In preparation of the EIS, the Forest Service will consult, at a 
minimum, with the University of California (a

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member of the CARMA consortium, and the State of California Lead Agency 
under the California Environmental Quality Act--a joint EIS/EIR 
document will be prepared); Native American tribes (Big Pine Paiute, 
Bishop Paiute, Fort Independence Reservation, Lone Pine Paiute-
Shoshone, and Timbisha Shoshone); the State of California Lahontan 
Regional Water Quality Control Board; Department of Fish and Game; US 
Fish and wildlife; Historic Preservation Officer; the U.S. Army Corp of 
Engineers; the California Department of Transportation; the Inyo County 
Public Works Department; the Inyo County Health & Human Services 
Department; and the Great Basin Unified Air Pollution Control District.

Commenting

    Comments received in response to this invitation to participate in 
public scoping or any future solicitation for public comments on a 
draft EIS, including names and addresses of those who comment, will be 
considered part of the public record and will be available for public 
inspection. Additionally, pursuant to 7 CFR 1.27(d), any person may 
request the agency to withhold a submission from the public record by 
showing how the Freedom of Information Act (FOIA) permits such 
confidentiality. Person requesting such confidentiality should be aware 
that under the FOIA, confidentiality may be granted on only very 
limited circumstances, such as to protect trade secrets. The Forest 
Service will inform the requester of the agency's decision regarding 
the request for confidentiality, and where the request is denied, the 
agency will return the submission and notify the requester that the 
comments may be resubmitted with or without name and address.
    The draft EIS is expected to be filed with the Environmental 
Protection Agency (EPA) and to be available for review in July-August, 
2002. At that time, copies of the draft EIS will be distributed to 
interested and affected agencies, organizations, Tribes and members of 
the public for their review and comment. The comment period on the 
draft EIS will be 45 days from the date the EPA notice appears in the 
Federal Register.
    The Forest Service believes that, at this early stage, it is very 
important to give reviewers notice of several court rulings related to 
public participation in the environmental review process. First, 
reviewers of a draft EIS must structure their participation in the 
environmental review of the proposal so that it is meaningful and 
alerts the 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 EIS stage, 
but that are not raised until after completion of the final EIS, 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 persons interested in this proposed action 
participate by the close of the 45 days 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 EIS.
    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 as possible. It is 
also helpful if comments refer to specific pages or chapters of the 
draft EIS. Comments may also address the adequacy of the draft EIS 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 is addressing these 
points.
    The final EIS is scheduled to be available by November-December 
2002. In the final EIS, the Forest Service is required to respond to 
comments and responses received during the comment period for the draft 
EIS. The Responsible Official is Jeffrey Bailey, Inyo National Forest 
Supervisor. He will decide whether to issue a Special-Use Permit for 
the project as described above and under what terms and conditions, or 
to meet the Purpose and Need for action through some other combination 
of management actions, or to defer any action at this time. His 
decision and rationale for the decision will be documented in the 
record of decision, which will be subject to Forest Service Appeal 
Regulations (36 CFR Part 215).

    Dated: May 1, 2002.
Jeffrey E. Bailey,
Forest Supervisor.
[FR Doc. 02-11353 Filed 5-7-02; 8:45 am]
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