OPPORTUNITY TO OBJECT TO THE DRAFT DECISION FOR THE NORTH ARKANSAS ELECTRIC COOPERATIVE COROPORATION FIBER OPTIC UTILTY CORRIDORS PROJECT
Region 8, Forest Service, U.S. Department of Agriculture
Ozark-St. Francis National Forests, Sylamore Ranger District
Stone and Baxter Counties, Arkansas
The Ozark-St. Francis National Forests have prepared an Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) and draft Decision Notice (DN) for the North Arkansas Electric Cooperative Corporation (NAEC) Fiber Optic Utility Corridors Project on the Sylamore District. The project proposed to issue special use permits to NAEC or a subsidiary for the purpose of occupying a total of approximately 121 National Forest System (NFS) acres for the purpose of providing fiber optic communication services to the underserved rural community of Big Flat, Arkansas and other rural NAEC members in the vicinity of the Sylamore District. The permitted use areas would include 28.3 miles of existing utility corridor under an existing permit issued to NAEC and set to expire in 2023 and 12.3 miles of new fiber optic corridor located within cleared rights-of-way of State Highway 341 and Baxter County Road 74, respectively. The permit(s) would be issued for a term of 30 years. In accordance with 36 CFR 218.7(a)(2), the project would implement activities consistent with achieving desired conditions for special uses on the Ozark-St. Francis National Forests and with a Forest-Wide priority for cooperative relations with local communities outlined in the 2005 Revised Ozark-St. Francis National Forests Land and Resource Management Plan (Forest Plan).
This action is subject to the pre-decision administrative review (objection) process at 36 CFR 218 subparts A and B ( https://www.ecfr.gov/current/title-36/chapter-II/part-218 ). A final decision notice will be issued following resolution of any objections received during a 45-day objection period that will begin the day after this legal notice is published. The objection period provides those that previously submitted written comments an opportunity to submit their objection prior to issue of that final decision by Responsible Official Lori D. Wood, Ozark-St. Francis National Forests’ Supervisor.
The EA/FONSI and draft DN are available online at https://www.fs.usda.gov/project/?project=63341. These documents are also available upon request by contacting District NEPA Coordinator Jan Franks at (870) 214-9782 or jan.franks@usda.gov.
Only individuals or entities who submitted written comments during the designated opportunity to comment will be eligible to file an objection. Objections must be submitted within 45 calendar days following publication of this legal notice newspaper of record, the Stone County Leader, Mountain View, Arkansas. A calendar day ends at 11:59 p.m. in the time zone of the Reviewing Officer, in this case, Eastern Standard Time. Objections submitted by electronic means such as email or through the project webpage, must be received within this timeframe. Written objections submitted via the US Postal Service or in person must be postmarked within the 45-day objection filing period. Those wishing to object should not rely upon dates or timeframe information provided by any other source. If the objection filing period ends on Saturday, Sunday or Federal holiday, objections will be accepted until the end of the next Federal working day. It is the responsibility of the sender to ensure timely receipt of any objection submitted.
The preferred method for submitting an objection is through online submission from the project webpage (https://www.fs.usda.gov/project/?project=63341). However, submissions will be accepted via email to SM.FS.r8_ro_obj@usda.gov. An automated response will confirm receipt of the electronic objection. Electronic objections must be submitted in MS Word, Word Perfect, portable document format (PDF), or rich text format (RTF). Submissions sent by mail must be addressed to the Reviewing Official Ken Arney, Southern Region Objections, Ozark-St. Francis National Forests, 605 West Main Street, Russellville, Arkansas 72801. Please include the name of the project “North Arkansas Electric Cooperative Corporation Fiber Optic Corridors” in the subject line or on the envelope.
Eligible objections must be in writing and contain 1) the objector’s name and address, along with a telephone number or email address if available; 2) signature or other verification of authorship upon request (a scanned signature for electronic mail may be filed with the objection); 3) identification of the lead objector, when multiple names are listed on an objection, and verification of the identity of the lead objector, if requested. Individual members of an entity must have submitted their own individual comments to have eligibility to object as an individual.
Objections received in response to this solicitation, including names and addresses of those who object, will be considered part of the public record on the proposed action and will be available for public inspection. Issues raised in objection must be based on previously submitted specific written comments regarding the proposed project or activity and attributed to the objector, unless the issue is based on new information that arose after the designated opportunities for comment [36 CFR 218.8(c)]. Specific written comments are written comments within the scope of the proposed action with a direct relationship to the proposed action that include supporting reasons for the Responsible Official to consider. Per 36 CFR 218.8(d), in addition to the identifying information outlined above, eligible objections must include 1) the name of the proposed project, the name and title of the Responsible Official, and the name(s) of the forest or district on which the proposed project will be implemented; 2) a description of those aspects of the proposed project addressed by the objection, including specific issues related to the proposed project; if applicable, how the objector believes the environmental analysis or draft decision specifically violates law, regulation or policy; suggested remedies that would resolve the objection; supporting reasons the Reviewing Official should consider; and, 3) a statement that demonstrates the connection between prior specific written comments on the particular proposed project or activity and the content of the objection, unless the objection concerns an issue that arose after the designated opportunities for comment.
Objections may be set aside from review if: 1) they are not filed in a timely manner; 2) the proposed project or plan amendment is not subject to the objection procedures; 3) the individual or entity did not submit timely and specific formal comments during opportunities for public comment; 4) none of the issues included in the objections are based on previously submitted written comments, except issues that arose after the opportunities for comment; 5) the objection does not provide sufficient information as required; 6) the objector withdraws the objection; 7) an objectors’ identity is not provided or cannot be determined from the signature, and a reasonable means of contact is not provided; or 8) the objection is illegible for any reason, including submissions in an electronic format different from that specified in the legal notice, and a legible copy cannot be easily obtained.
For additional information concerning the draft decision, contact Sylamore District NEPA Coordinator Jan Franks at jan.franks@usda.gov or (870) 214-9782. USDA is an equal opportunity employer and provider.
Jan Franks
