[Federal Register Volume 68, Number 125 (Monday, June 30, 2003)]
[Notices]
[Pages 38670-38672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16405]


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DEPARTMENT OF AGRICULTURE

Forest Service


Carson National Forest, New Mexico, Proposed 115kV Transmission 
Line on the Tres Piedras Ranger District

AGENCY: Forest Service, USDA.

ACTION: Revised notice of intent to prepare an environmental impact 
statement.

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SUMMARY: Based upon a request made by Kit Carson Electric Cooperative 
(KCEC), the Carson National Forest is preparing an environmental impact 
statement (EIS) to analyze the effects of a proposal

[[Page 38671]]

to authorize KCEC to construct, operate and maintain a new 115 kV 
electric transmission line and fiber optic system on National Forest 
System lands from the existing Ojo to Taos 115 kV line to Ojo Caliente, 
New Mexico. A notice of intent (NOI) to prepare an EIS was published in 
the Federal Register on October 12, 2000 (65 FR 60612). This revised 
notice adds information to the previous NOI and changes the proposed 
dates for release of the EIS.

DATES: Comments on the proposal were received from August 1999 through 
February 2001. Issues were identified and alternatives developed to 
address significant issues. It is estimated that the draft 
environmental impact statement (DEIS) will be completed and distributed 
by August 2003. A 45-day comment period will follow. The final 
environmental impact statement (FEIS) is expected to be released in 
January 2004.

ADDRESSES: The DEIS will be available upon request from the Carson 
Forest Supervisor's Office, 208 Cruz Alta Road, Taos, NM 87571, Attn: 
Power Line Analysis Team. Comments related to the DEIS can be sent to 
the same address.

FOR FURTHER INFORMATION CONTACT: Ben Kuykendall, Power Line Analysis 
Team Leader, Carson Forest Supervisor's Office, 208 Cruz Alta Road, 
Taos, NM 87571, (505) 758-6311.

SUPPLEMENTARY INFORMATION:
    Purpose and Need for Action: Current power demands exceed the 
capacity of the existing line, resulting in outages and frequent 
voltage fluctuations in the communities of Ojo Caliente, El Rito, La 
Madera, Canon Plaza, Mesa Vista, Petaca, Las Placitas, Servilleta, 
Vallecitos, Carson and Pilar. These fluctuations can lead to periodic 
brownouts and ``blinks'', resulting in damage to all types of 
electrical equipment, from appliances to medical support systems. In 
addition, because the original distribution lines were not designed to 
carry so much electrical energy through them, an excessive amount of 
power is lost directly from the lines through the transmission process. 
This phenomenon is known as line loss and is both wasteful and costly. 
The expense is generally distributed to all KCEC users.
    Proposed Action: In order to provide adequate power for current and 
future needs, prevent power outages and fluctuations, and reduce line 
loss costs to all users, the Carson National Forest proposes to 
authorize Kit Carson Electric Cooperative to construct, operate and 
maintain a 115 kV transmission line with a fiber optic communication 
system across National Forest System lands. The proposed line would run 
9.4 miles from the existing 115 kV/345 kV transmission line corridor 
just north of Black Mesa to a proposed substation location north of the 
Ojo Caliente community, Taos County, New Mexico. The proposed action 
has several parts, most of which pertain directly to National Forest 
System lands and for which the USDA Forest Service will make the 
decision. The proposal also includes activities that pertain to U.S. 
Department of the Interior, Bureau of Land Management (BLM) 
administered lands, where the Forest Service has no authority to make 
decisions. The BLM proposes to authorize KCEC to:
    (1) Construct a new substation on lands administered by the BLM 1.5 
miles north of Ojo Caliente.
    (2) Construct a 115 kV transmission line with 25 kV underbuilt for 
approximately 2 miles on BLM administered lands.
    This proposal should sufficiently serve the power needs of the area 
for 30 or more years.
    Scoping Process: Beginning in the summer of 2000, Carson National 
Forest analysis team members and KCEC staff participated in numerous 
meetings and discussions with communities and their representatives, 
local citizen groups and interested individuals concerning the Ojo 
Caliente 115 kV transmission line proposal. Various federal, state, 
county, tribal and local agencies, as well as U.S. congressional 
representatives, were notified of the proposal and solicited for 
information and comments. The general public was also informed through 
a variety of methods and invited to participate and provide comment. 
Native American tribes were contacted and tribal consultation is 
ongoing. Discussions with the USDI Fish and Wildlife Service and U.S. 
Department of Energy began in 1999.
    A detailed description of the proposed action, preliminary issues, 
and how to contact the analysis team for information or comments for 
the project was distributed by KCEC as a supplement to the April 2000 
Enchantment (Vol. 52, Number 54)--a newsletter prepared by electric 
cooperatives in New Mexico. The Enchantment was mailed to 17,850 KCEC 
subscribers. Copies were also sent to individuals and groups interested 
in proposals and activities on the Carson National Forest. Press 
releases and public service announcements briefly describing the 
proposal and requesting public feedback were sent to a number of local 
and regional papers and radio stations from April 14-17, 2000.
    Issues: Public comments on the proposal covered a wide variety of 
topics. These included concerns related to the effects on wildlife, 
soils and watershed, cultural resources, economics, scenic values, as 
well as, the use of alternative energy, burial of the line, effects of 
electromagnetic fields and the need for improved service. The main or 
``significant issues'' were identified and are briefly described:
    (1) Proposed powerline would negatively affect scenic and visual 
values of the area.
    (2) Proposed action would create a new utility corridor. 
Constructing a new line and associated maintenance road could cause 
unnecessary environmental harm.
    (3) Electromagnetic field generated from the proposed transmission 
line could cause negative impacts on the health of those living in the 
vicinity of the new line.
    Alternatives: The analysis team took the significant issues and 
developed the following alternatives to the proposed action that will 
be analyzed in detail in the EIS.
    No Action: None of the proposed activities would take place. The 
National Environmental Policy Act (NEPA) requires this alternative and 
is the baseline used to evaluate the action alternatives.
    Existing Location: This alternative would address the issue of 
creating a new corridor. It would begin at the 115 kV/345kV lines 
northeast of Carson in Section 27 and follow the existing 25 kV route 
along U.S. 285 to the proposed substation north of Ojo Caliente for 
15.6 miles. This line would be a combination service--poles would carry 
the existing 25 kV service underneath the new 115 kV service.
    Route 285 P: This alternative was developed in response to the 
issue of effects on visual/scenic quality. Approximately 12.5 miles 
long, this alternative would begin at the intersection of Forest Road 
285 P and the existing 115kV/345 kV corridor and run along the bottom 
of a sagebrush swale northwest along 285 P for approximately 3 miles, 
then west along 285 P to U.S. 285. This route would intersect the 
existing distribution line where U.S. 285 climbs the Comanche Rim, just 
south of junction with NM 576. It would run parallel to and .5 miles 
north of U.S. 285, where it would not be noticeable from the highway. 
It would intersect with the existing corridor on BLM about a mile north 
of the proposed substation.
    Tres Piedras Connection Option: This option was developed in 
response to information received during scoping.

[[Page 38672]]

Currently electrical service is not available for residents along a 
portion of U.S. 285 between the existing 25 kV corridor and Tres 
Piedras. This option would allow for a 25 kV (maximum) extension along 
U.S. 285 just north of the junction with NM 576 to where a 12.5 kV 
would extend south from Tres Piedras--approximately 9 miles. This 
option will be analyzed in the EIS and available to the responsible 
official to add to the proposed action or either of the action 
alternatives as a part of his decision.
    Responsible Official: The Forest Supervisor for the Carson National 
Forest is the responsible official for making a decision on National 
Forest System lands. The BLM is a cooperating agency, and a designated 
responsible official for the BLM will make a decision on actions that 
would take place on BLM lands. If an alternative is selected that 
includes private holdings, KCEC Cooperative will negotiate for 
approval.
    Nature of the Decision To Be Made: The Forest Supervisor will 
decide whether to authorize KCEC to construct a new line as proposed or 
select an alternative, including taking no action. He will also choose 
whether to include the Tres Piedras Connection option in his decision. 
In addition, the responsible official may elect to require certain 
mitigation measures to minimize environmental impacts.
    Lead and Cooperating Agencies: The USDA Forest Service is the lead 
agency for this environmental analysis. The USDI Bureau of Land 
Management has jurisdiction for a portion of the proposed action and is 
a cooperating agency. The BLM has participated as a cooperating agency 
since the early stages of the NEPA process.
    Comment Requested: This revised notice adds information to the 
previous NOI and changes the proposed dates for release of the EIS. It 
does not reinitiate scoping.
    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 DEIS 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 DEIS should be as 
specific 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 DEIS 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: June 24, 2003.
Martin D. Chavez, Jr.,
Forest Supervisor, Carson National Forest.
[FR Doc. 03-16405 Filed 6-27-03; 8:45 am]
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