[Federal Register Volume 68, Number 219 (Thursday, November 13, 2003)]
[Notices]
[Pages 64315-64317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28397]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 68, No. 219 / Thursday, November 13, 2003 / 
Notices  

[[Page 64315]]



DEPARTMENT OF AGRICULTURE

Forest Service


Methow Transmission Project, Okanogan and Wenatchee National 
Forests, Okanogan County, WA

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: Notice is hereby given that the USDA Forest Service and the 
Okanogan Public Utility District No. 1 (PUD) will jointly prepare an 
Environmental Impact Statement (EIS) that will evaluate alternatives to 
provide reliable electric power to the Methow Valley and improve 
electric distribution to customers in the lower Methow Valley. The 
project is located in Okanogan County, Washington. Although the 
proposed action does not involve Federal lands, two of the preliminary 
alternatives identified for this project involve a ``hot'' rebuild of 
the existing Loup-Loup electric transmission line. A ``hot'' rebuild 
would involve replacing the existing high-voltage transmission line and 
its poles while maintaining power in the existing lines. Approximately 
4.5 miles of the 27 mile Loup-Loup transmission line is located on the 
Okanogan National Forest, approximately 12 miles west of the town of 
Okanogan. The proposed ``hot'' rebuild alternatives would require 
additional clearing of vegetation in the existing right-of-way (ROW) on 
National Forest System (NFS) lands. The proposed project will comply 
with direction in the 1989 Okanogan National Forest Land and Resource 
Management Plan (Forest Plan), as amended. The Forest Plan provides the 
overall guidance for management of NFS lands included in this proposal. 
In addition, the Loup-Loup line also traverses approximately one mile 
of Bureau of Land Management lands. The agencies invite written 
comments on the scope of this project. In addition, the agencies give 
notice of this analysis so that interested and affected individuals are 
aware of how they may participate and contribute to the final decision.

DATES: Comments concerning the scope of the analysis must be received 
by December 15, 2003. A public information and scoping meeting is 
proposed to be held in November to provide information about the 
project to the public and to allow people to comment on the project.

ADDRESSES: Submit written comments and suggestions concerning the scope 
of the analysis to Keith Rowland, Project Coordinator, Okanogan Valley 
Office, 1240 Second Avenue South, Okanogan, Washington 98840 [Phone: 
(509) 826-3067; E-mail: [email protected]].

FOR FURTHER INFORMATION CONTACT: Direct questions about the proposed 
action and EIS to Keith Rowland, Project Coordinator, Okanogan Valley 
Office, 1240 Second Avenue South, Okanogan, Washington 98840 [Phone: 
(509) 826-3067; E-mail: [email protected]].

SUPPLEMENTARY INFORMATION: 
    Purpose and Need for Action: The Okanogan Public Utility District 
(PUD) is a non-profit local government entity whose mission is to 
provide reliable electrical service to those within its defined 
boundaries, and to plan for the future electrical service needs of its 
constituency (Title 54 RCW). The PUD is responsible for providing 
electrical service to the communities of Pateros, Twisp, and the 
unincorporated area of the lower Methow Valley in Okanogan County, 
among other communities in its service area. The Okanogan National 
Forest Land and Resource Management Plan permits and gives priority to 
special uses that provide public service. Pateros, Twisp, and the 
unincorporated lower Methow Valley area are currently served by a 
single transmission route constructed in 1948 that crosses Loup Loup 
Pass from Okanogan to Twisp. Distribution of that electrical service 
throughout the lower Methow Valley depends on a system that is 
approaching capacity now under average winter conditions and will not 
meet severe winter demand. The PUD has proposed the construction of a 
new transmission line, a new substation, and improvements to the 
distribution system in order to meet its obligations under the law to 
provide reliable electricity at reasonable rates to its ratepayers.
    The PUD is also a party to a general transfer agreement (GTA) with 
the Bonneville Power Administration (BPA) for providing transmission 
service to the Okanogan County Electric Cooperative (Co-op). The Co-op 
provides service to the upper Methow Valley including the towns of 
Winthrop and Mazama. BPA has notified the PUD that the reliability of 
the existing transmission system is below standard.
    Proposed Action: The proposed action, the project proposed by the 
PUD, involves construction of approximately 26.5 miles of 115 KV 
electric transmission line and associated access roads between Twisp 
and Pateros in Okanogan County, Washington. The first 5.5 miles of 
transmission line (from the existing Twisp substation) would overbuild 
existing distribution along highways 20 and 1523. Existing poles would 
be replaced as part of this overbuild. The remainder of the proposed 
transmission line would be constructed along the benches and foothills 
to the east of Highway 153. The final 1.7 miles of the proposed 
transmission line (south to the existing Pateros substation) would 
parallel Watson Draw Road. The proposed project would also include 
construction of a new substation located along Highway 153 between 
Carlton and Methow in the Gold Creek area, as well as improvements to 
the existing distribution system. Construction of the proposed project 
would occur in 2006. Under NEPA, the ``proposed action'' may be, but is 
not necessarily, the agency's ``preferred alternative.'' The proposed 
action identified above represents the PUD's initial proposal that has 
not yet undergone analysis in the EIS process. The EIS process will 
involve evaluation of the proposed action described above, as well as 
other reasonable alternatives to the proposed action.
    Alternatives: For the purposes of this analysis, the PUD and Forest 
Service have identified preliminary action alternatives for 
consideration in the scoping process. The preliminary action 
alternatives all include construction of new electric transmission 
capacity and improvement of the existing distribution capacity. Four of 
the preliminary action alternatives also include construction of a new 
substation in the Gold Creek area

[[Page 64316]]

near Washington State Route 153. Two of the preliminary alternatives 
involve a ``hot'' rebuild of the existing Loup-Loup electric 
transmission line. Approximately 4.5 miles of the 27 mile Loup-Loup 
transmission line is located on the Okanogan National forest, 
approximately 12 miles west of the town of Okanogan and approximately 
one mile is located on Bureau of Land Management Land, two miles 
southwest of Okanogan. The proposed ``hot'' rebuild alternatives would 
require additional clearing of vegetation in the existing ROW on 
National Forest Service (NFS) lands.
    The alternatives currently under consideration are:
    [sbull] The No-action alternative under which there would be no new 
powerline built and non ``hot'' rebuild of the existing Loup Loup line.
    [sbull] The proposed Twisp/Pateros transmission line that would 
connect existing substations in Twisp and Pateros and involve 
construction of a new substation located along Highway 153 between 
Carlton and Methow in the Gold Creek area, as well as distribution 
improvements.
    [sbull] A ``hot'' rebuild of the existing Loup-Loup transmission 
line that would include approximately 15 miles of new transmission line 
from Pateros to Gold Creek, as well as a new substation in the Gold 
Creek area. This new transmission line and substation are assumed to 
involve the same alignment and substation proposed for the Twisp/
Pateros transmission line and substation.
    [sbull] A ``hot'' rebuild of the existing Loup-Loup transmission 
line that would include an upgrade of distribution between Twisp and 
Pateros, but not a substation or the 15 miles of new line to Gold 
Creek.
    [sbull] A new transmission line that would overbuild or follow the 
existing distribution line near the Methow River along the valley 
floor, including a new substation.
    [sbull] A new transmission line along the valley floor that would 
be aligned to reduce the number of Methow River crossings associated 
with a route that overbuilds or follows the existing distribution line. 
This alternative would also include construction of a new substation.

The final alternatives analyzed in detail will depend on issues raised 
during public scoping.
    Lead and Cooperating Agencies: The Forest Service and the PUD will 
be joint lead agencies in accordance with 40 CFR 1501.5(b), and are 
responsible for preparation of the EIS. The Forest Service will serve 
as the lead NEPA agency. The PUD will serve as the lead Washington SEPA 
agency. The Washington State Department of Natural Resources (DNR), the 
U.S. Department of the Interior, Bureau of Land Management (BLM), and 
the Bonneville Power Administration (BPA) will be cooperating agencies 
are needed.
    Nature of Decision To Be Made: The Forest Supervisor for the 
Okanogan and Wenatchee National Forests will decide whether to permit a 
``hot'' rebuild of the existing Loup-Loup electric transmission line 
across NFS lands if this is the preferred alternative identified by the 
agencies. If this alternative is permitted, the Forest Supervisor will 
also decide what mitigation measures and monitoring will be required. 
The Forest Supervisor will only be making a decision regarding 
operations on NFS lands. The Forest Supervisor will not have a decision 
to make if the PUD selects an alternative for the Methow Transmission 
Project that does not involve NFS lands.
    Scoping Process: Public participation will be especially important 
at several points during the analysis. The participating agencies will 
be seeking information, comments, and assistance from Federal, State, 
local agencies, Native American Tribes and other individuals and 
organizations who may be interested in or affected by the proposed 
project. This input will be used in preparation of the draft EIS. The 
scoping process includes:
    [sbull] Identifying major issues to be analyzed in depth.
    [sbull] Identifying issues that have been addressed by a relevant 
previous environmental analysis including the SEPA Checklist and 
Determination of Nonsignificance and Response to Comments and 
Additional Information on the SEPA Checklist and DNS documents prepared 
by the PUD.
    [sbull] Identifying potential environmental effects of the 
alternatives identified to date.
    [sbull] Identifying potential alternatives that meet the Purpose 
and Need of the project.
    [sbull] Notifying interested members of the public of opportunities 
to participate through meetings, personal contacts, or written comment. 
Keeping the public informed through the media and/or written material 
(e.g., newsletters, correspondence, etc.)

Preliminary Issues

    A number of issues were identified in the public comment received 
on the SEPA Checklist and Determination of Nonsignificance issued by 
the PUD in August 1998. Major issues identified included potential 
effects to eagles and sharp-tailed grouse, critical deer habitat, 
noxious weeds, aesthetic concerns, and cumulative effects. These issues 
were identified specifically with regards to the proposed Twisp/Pateros 
transmission line route. The Forest Service has identified the 
following preliminary issues should a ``hot'' rebuild of the existing 
Loup-Loup transmission line be identified by the agencies as the 
preferred alternative: impacts on visual quality, potential for spread 
of noxious weeds, potential for sedimentation, and safety during 
construction.

Comment Requested

    This notice of intent initiates the scoping process, which guides 
development of the EIS. The Forest Service is seeking public and agency 
comment on the proposed action to identify major issues to be analyzed 
in depth and assistance in identifying potential alternatives to be 
evaluated. Comments received to this notice, including the names and 
addresses of those who comment, will be considered part of the public 
record on this proposed action, and will be available for public 
inspection. Comments submitted anonymously will be accepted and 
considered; however, those who submit anonymous comments will be 
accepted and considered; however, those who submit anonymous comments 
will not have standing to appeal the subsequent decision under 36 CFR 
part 215. 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. Persons requesting such confidentiality should be 
aware that, under FOIA, confidentiality may be granted in 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. Where the request is denied, the 
agency will return the submission and notify the requester that the 
comments may be resubmitted, without name and address, within a 
specified number of days.
    A draft EIS will be prepared for comment. Copies will be 
distributed to interested and affected agencies, organizations, 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 Environmental 
Protection Agency publishes the notice of availability in the Federal 
Register. The draft EIS is

[[Page 64317]]

expected to be filed in September 2004. The final EIS is expected to be 
filed in May 2005.
    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 
a draft EIS 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 EIS state but that are not raised 
until after the 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, 409 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 participating agencies at a time 
when it can meaningfully consider them and respond to them in the final 
EIS.
    To assist the participating agencies in identifying and considering 
issues and concerns on the proposed action, comments on the draft EIS 
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 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 in addressing these points.
    In the final EIS, the participating agencies are required to 
respond to comments and responses received during the comment period 
that pertain to the environmental consequences discussed in the draft 
EIS and applicable laws, regulations, and policies considered in making 
a decision regarding the proposal. The Forest Supervisor for the 
Okanogan and Wenatchee National Forest will be the Federal responsible 
official for this EIS and its Record of Decision. Should the selected 
alternative involve National Forest System lands, the Federal 
responsible official will document the decision and reasons for the 
decision in the Record Decision. That decision will be subject to 
Forest Service Appeal Regulations (36 CFR part 215).

    Dated: November 3, 2003.
James L. Boynton,
Forest Supervisor.
[FR Doc. 03-28397 Filed 11-12-03; 8:45 am]
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