cibola national forest cibola county, new mexico t.11n, r.7w,...

United States Department of Agriculture

Forest Service

Southwestern Region

MB-R3-03-7

January 2011

Final Environmental Impact Statement for Designation of the Proposed Rinconada Communication Site

Cibola National Forest Cibola County, New Mexico T.11N, R.7W, Section 17

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FEIS for Designation of the Proposed Rinconada Communication Site i

Final Environmental Impact Statement for Designation of the Rinconada Communication Site

Cibola National Forest Cibola County, New Mexico

Lead Agency: USDA Forest Service

Responsible Official: Nancy Rose, Forest Supervisor 2113 Osuna Road, NE

Albuquerque, NM 87113 For Information Contact: Keith Baker

2113 Osuna Road, NE Albuquerque, NM 87113 (505) 346-3820 Abstract: The Cibola National Forest proposes to establish the Rinconada Communication Site to serve present and future high power communication needs, and to permit the development of a radio transmission facility within the site. The draft EIS discusses two alternatives in detail, the no action alternative (Alternative 1), which is the Preferred Alternative, and the proposed action (Alternative 2). The proposed action would establish the Rinconada Communication Site as an approximately 3.7-acre site on Mt. Taylor and provide for the installation of a radio tower facility on the site. The Forest Service considered other alternatives, including co-location at an existing site, and determined that they would not meet the project’s objectives or were not feasible.

FEIS for Designation of the Proposed Rinconada Communication Site iii

Summary

The Cibola National Forest proposes to establish an approximately 3.7-acre Rinconada Communication Site that would serve present and future high power communication needs, and to permit the development of a radio transmission facility within the site. The area affected by the proposal includes 3 acres of ponderosa pine forest within the Mt. Taylor Ranger District that is accessed by Forest Road 400. The proposed high-power transmission facility cannot be placed on the existing Microwave Ridge Communication Site, located approximately one-half mile to the north, because the existing site is designated as a low-power facility. The electronic site plans for the various forest communication sites state that the minimum separation standard between low and high power uses is 1 mile horizontally and 500 feet vertically. Although the current proposal does not meet this separation standard, the proposed filtering at the Rinconada site would meet standards for minimizing interference with the low power site. The Rinconada site would occupy the location for Microwave Ridge No. 2 Electronic Site, which was identified in the 1985 “Cibola National Forest Land and Resource Management Plan.”

The project was originally scoped in June 2007 in anticipation of the preparation of an environmental assessment. Public notice consisted of posting on the Forest Service Schedule of Proposed Actions (SOPA) and the distribution of scoping letters to the project mailing list (dated June 26, 2007). Tribal consultation was initiated by the Cibola National Forest on June 21, 2007.

One preliminary issue was identified during scoping. The development of communication facilities at the Rinconada Communication Site would have an adverse effect on the characteristics of the Mt. Taylor Traditional Cultural Property that make it eligible for listing on the National Register of Historic Places.

This issue led the Agency to the decision to prepare an environmental impact statement (EIS) for the proposed action. On August 14, 2008, a Notice of Intent (NOI) to prepare an EIS was published in the Federal Register. Public notices were published in the Albuquerque Journal and the Cibola County Beacon. A second public scoping letter was mailed to potentially interested and affected persons on August 1, 2008. The Cibola National Forest re-initiated tribal consultation on August 1, 2008, and conducted a series of meetings with interested tribes.

Impacts to environmental resource areas were evaluated. Resources evaluated in detail for potential project-related impacts include vegetation and wildlife, soils and water, visual quality and cultural resources. Due to the small footprint of the proposed action (about 3.7 acres), impacts to wildlife habitat and water resources are anticipated to be negligible. Impacts to vegetation, soils, migratory birds, and the visual environment were considered minor, and appropriate mitigation measures were incorporated into the development of the alternatives to minimize impacts to these resources. Effects on social considerations, primarily improvements to public notification systems from the proposed action would be beneficial, whereas the no action alternative would remain static due to continued lack of adequate communication to rural populations in Cibola, McKinley, and Valencia Counties. No adverse effects were identified to archaeological resources as there were none in the area to be developed as the communication site. However, the Forest Service has determined that impacts to the Mt. Taylor traditional cultural property (TCP) from the proposed action constitute “an adverse effect.” The Mt. Taylor TCP is eligible for listing on the National Register of Historic Places because of its important association with many area tribes and pueblos.

Summary

iv FEIS for Designation of the Proposed Rinconada Communication Site

Based upon the effects of the alternatives, the responsible official will decide whether to:

• Designate the Rinconada Communication Site as described in the proposed action and issue a communications use lease to KD Radio; or

• Vary the design of the proposed action while still meeting the purpose and need; or

• Take no action at this time.

FEIS for Designation of the Proposed Rinconada Communication Site v

Contents

Chapter 1. Purpose of and Need for Action ................................................................................ 1

Document Structure ............................................................................................................................. 1 Background .......................................................................................................................................... 1 Purpose and Need for Action ............................................................................................................... 2 Proposed Action................................................................................................................................... 2 Decision Framework ............................................................................................................................ 3 Public Involvement .............................................................................................................................. 3 Issues ................................................................................................................................................... 4

Chapter 2. Alternatives, Including the Proposed Action ........................................................... 5 Introduction ......................................................................................................................................... 5 Alternatives Considered in Detail ........................................................................................................ 5 Mitigation ............................................................................................................................................ 7 Forest Plan Consistency ....................................................................................................................... 8 Alternatives Considered but Eliminated from Detailed Study ............................................................ 8 Comparison of Alternatives ............................................................................................................... 11

Chapter 3. Affected Environment and Environmental Consequences ................................... 13 Vegetation .......................................................................................................................................... 13 Threatened and Endangered Species and Forest Service Region 3 Sensitive Species ...................... 14 Management Indicator Species .......................................................................................................... 19 High Priority Bird Species and Migratory Birds ............................................................................... 20 Archaeological/Historic Resources .................................................................................................... 21 Traditional Cultural Properties .......................................................................................................... 24 Soils and Water .................................................................................................................................. 27 Visual Quality .................................................................................................................................... 28 Social Considerations ........................................................................................................................ 30 Short-term Uses and Long-term Productivity .................................................................................... 33 Unavoidable Adverse Effects ............................................................................................................ 33 Irreversible and Irretrievable Commitments of Resources ................................................................ 34 Other Required Disclosures ............................................................................................................... 34

Chapter 4. Consultation and Coordination ............................................................................... 35 Preparers and Contributors ................................................................................................................ 35 List of Agencies, Organizations and Persons Contacted during Project Scoping ............................. 35 List of Agencies, Organizations and Person to Whom Copies of the DEIS Were Sent .................... 36

References Cited .......................................................................................................................... 39 Index ............................................................................................................................................. 55 Appendix 1 ................................................................................................................................... 41

List of Tables Table 1. Comparison of alternatives ......................................................................................................... 11Table 2. Threatened, endangered and FS R3 sensitive species habitat .................................................. 16

List of Figures Figure 1. Location of proposed Rinconada Communication Site ........................................................... 6 Figure 2. Proposed KD Radio transmission facility site plan ................................................................. 9 Figure 3. Mexican spotted owl critical habitat in relation to the proposed action ............................... 15 Figure 4. Visual quality objective areas in the vicinity of the proposed action .................................... 30

FEIS for Designation of the Proposed Rinconada Communication Site 1

Chapter 1. Purpose of and Need for Action

Document Structure The Forest Service has prepared this draft environmental impact statement (DEIS) in compliance with the National Environmental Policy Act (NEPA) and other relevant Federal and State laws and regulations. This FEIS discloses the direct, indirect, and cumulative environmental impacts that would result from the proposed action and alternatives. The document is organized into four chapters:

• Chapter 1. Purpose of and Need for Action: The chapter includes information on the history of the project proposal, the purpose of and need for the project, and the Agency’s proposal for achieving that purpose and need. This section also details how the Forest Service informed the public of the proposal and how the public responded.

• Chapter 2. Alternatives, including the Proposed Action: This chapter provides a more detailed description of the Agency’s proposed action as well as alternative methods for achieving the stated purpose. These alternatives are developed based on significant issues raised by the public and other agencies. This discussion also includes mitigation measures. Finally, this section provides a summary table of the environmental consequences associated with each alternative.

• Chapter 3. Affected Environment and Environmental Consequences: This chapter describes the environmental effects of implementing the proposed action and other alternatives. This analysis is organized by resource type.

• Chapter 4. Consultation and Coordination: This chapter provides a list of preparers and agencies consulted during the development of the FEIS.

• Appendix: The appendix provides more detailed information to support the analyses presented in the FEIS such as public comments and responses.

• Index: The index provides page numbers by document topic.

Additional documentation, including more detailed analyses of project-area resources, may be found in the project planning record located at the Mt. Taylor Ranger District in Grants, New Mexico. In response to the comments received on the DEIS, minor additions have been made to this document. The description of public involvement has been expanded to include information about the DEIS comment period and the responses received during the comment period. An additional measure to shield lighting on facilities was added in response to comments from the New Mexico Department of Game & Fish. All comments are included in Appendix 2.

Background On August 29, 2006, Derek Underhill of KD Radio, Inc., applied for a communications use lease from the Cibola National Forest to construct a new high-power FM broadcast facility on National Forest System land in the Mt. Taylor Ranger District of the Cibola National Forest. KD Radio has obtained a license from the Federal Communications Commission (FCC) to construct the radio tower. Due to license requirements, KD Radio aims to construct the tower before the end of 2009.

To achieve the desired broadcast distribution and to avoid electronic interference from other facilities, the new tower is proposed at a specific location on Mt. Taylor, near the existing low-power communication site on Microwave Ridge. The Cibola National Forest advocates co-


2 FEIS for Designation of the Proposed Rinconada Communication Site

location of new facilities at existing sites when feasible; however, the Microwave Ridge Electronic Site Plan (2005) restricts new development on the existing site to low-power communications. Therefore, the construction of a new high-power transmission facility in the area would require establishing a new high-power communication site.

The 1985 “Cibola National Forest Land and Resource Management Plan” identifies and designates three potential sites on Mt. Taylor for communications sites, two low-power sites and one high-power site (USDA Forest Service 1985: p. 125). At the time the plan was approved, low-power sites on Microwave Ridge and La Mosca Ridge were in existence, and the high-power site was authorized but had not yet been located. This DEIS covers the proposed location of the new high-power communication site, and the authorization of a communications use lease for the construction of a radio transmission facility at the site. The construction of two additional high-power transmission facilities at the site will be treated as reasonably foreseeable actions that are likely to occur as a result of the proposed action. Although the Forest Service has not received any applications for additional facilities at the proposed Rinconada site, the site size of about 3.7 acres is suitable for two more towers, based on the rule-of-thumb of one tower per acre.

The Forest Service began public involvement on the proposal in anticipation of preparing an environmental assessment (EA). Project scoping letters were sent to identified stakeholders on June 26, 2007, and Native American consultation was initiated on June 21, 2007. During tribal consultation, a number of Native American governments expressed that the proposed action may adversely affect Mt. Taylor, which they consider a traditional cultural property (TCP). As a result of tribal concerns, the forest archaeologist prepared a report determining that Mt. Taylor was eligible for inclusion in the National Register of Historic Places (NRHP) as a TCP (February 2008). Because the proposed action had the potential to adversely affect a NRHP-eligible property, the forest supervisor decided to prepare an EIS.

Purpose and Need for Action The purpose and need for the proposed action is to establish a new electronics site on Mt. Taylor and enable the installation of a high-power radio transmission facility, which would increase the range of local broadcasting in the region. The mission of the Forest Service is to meet the diverse needs of the people under a sustainable multiple-use management concept. The Cibola National Forest has accepted KD Radio’s application for the development of a high-power FM transmission facility on Mt. Taylor. Because it is not possible to co-locate the proposed facility on the existing low-power Microwave Ridge No. 1 Electronic Site, the Cibola National Forest proposes the designation of a new electronic site—Rinconada Communication Site—located approximately one-half mile south of the existing site. The proposed Rinconada site would occupy the location for Microwave Ridge No. 2, which was identified in the 1985 forest plan.

This action responds to the goals and objectives outlined in the “Cibola National Forest Land and Resource Management Plan,” and is consistent with the direction in the plan (USDA Forest Service 1985: p. 125).

Proposed Action The Forest Service proposes to establish the Rinconada Communication Site on about 3.7 acres of land on Microwave Ridge in the Mt. Taylor Ranger District. The Forest Service also proposes the



issuance of a communications use lease to KD Radio, Inc., to establish a high-power FM transmission facility at the Rinconada Site.

A forest plan amendment is not needed to pursue the proposed action, as the plan identifies the designation of a communication site near the existing Microwave Ridge Electronic Site, and the area has already been subjected to mineral withdrawal.

Decision Framework Given the purpose and need, the deciding official reviews the proposed action, the other alternatives, and the environmental consequences in order to make the following decisions to:

• Designate the Rinconada Communication Site as described in the proposed action and issue a communications use lease to KD Radio; or

• Vary the design of the proposed action while still meeting the purpose and need; or

• Take no action at this time.

Public Involvement After the initial scoping in 2007 triggered the decision to prepare an EIS, the Forest Service conducted additional public involvement. The proposal was provided to the public and other agencies for comment during an additional scoping process initiated in August 2008. The Agency mailed scoping letters to potentially interested and affected persons on August 1, 2008. The mailing list included local government officials, state and Federal agencies, tribes, local environmental groups, and communications and utility companies with facilities in the vicinity of the proposed communication site. Public notices were also published in the Albuquerque Journal on August 4, 2008, and in the Cibola County Beacon on August 8, 2008, notifying the local community of the project and the opportunity to provide scoping comments. The Notice of Intent (NOI) to prepare an environmental impact statement was published in the Federal Register on August 14, 2008. The NOI provided for public comment on the proposal through September 28, 2008. Documents related to the public involvement process, including the initial 2007 EA scoping efforts are included in the project record. Using the comments from the public, other agencies, and Native American tribes, the interdisciplinary team developed a list of issues to address.

The Forest Service sent the draft EIS to interested individuals, agencies, Native American tribes, and organizations on June 1, 2009. The Environmental Protection agency published the notice of availability (NOA) of the DEIS in the Federal Register on July 10, 2009. The NOA identified the last date for comments as August 24, 2009. In addition, the Forest Service published a legal notice in the July 14, 2009 edition of the Albuquerque Journal, notifying the public of the opportunity to comment on the DEIS. The Forest Service received three responses during the comment period: one from the Department of Interior stating that they had no comments; one from the State of New Mexico Department of Game and Fish (NMDGF) with recommendations for communication towers; and one from the Navajo Nation reiterating their concern related to the previously identified adverse effect on the Mount Taylor traditional cultural property. The Navajo Nation submitted an additional comment letter in October after the close of the comment period. All of the letters, including the late letter from the Navajo Nation are reproduced in Appendix 2.



Issues The Forest Service separates issues into two groups: significant and non-significant issues. Significant issues are defined as those directly or indirectly caused by implementing the proposed action. Non-significant issues are identified as those: (1) outside the scope of the proposed action; (2) already decided by law, regulation, forest plan, or other higher level decision; (3) irrelevant to the decision to be made; or (4) conjectural and not supported by scientific or factual evidence. The Council on Environmental Quality (CEQ) NEPA regulations explain this delineation in Sec. 1501.7, “…identify and eliminate from detailed study the issues which are not significant or which have been covered by prior environmental review (Sec. 1506.3)…” A list of non-significant issues and reasons regarding their categorization as non-significant may be found in the project record.

The Forest Service identified one significant issue during scoping: potential adverse effects to characteristics of the Mt. Taylor TCP that qualify it as a NRHP-eligible property. During the tribal consultation process, a number of Native American tribes expressed concern that the proposed action would adversely affect the Mt. Taylor TCP. This issue has not resulted in the development of an additional alternative to be analyzed in detail. The no action alternative addresses the TCP issue. To comply with section 106 of the National Historic Preservation Act, the Agency would need to complete tribal consultation to pursue mitigation before a decision to select the proposed action could be made. Any agreed-upon mitigation would be made a part of the decision.


Chapter 2. Alternatives, Including the Proposed Action

Introduction This chapter describes and compares the alternatives considered for the proposed communication site and the development of a radio transmission facility. It also presents the alternatives in comparative form, defining the differences between each alternative and providing a clear basis for choice among options by the decision maker and the public. Some of the information used to compare the alternatives is based upon the design of the alternative, and some of the information is based upon the environmental, social and economic effects of implementing each alternative.

Alternatives Considered in Detail The Forest Service developed two alternatives to consider in detail: the no action alternative and the proposed action. The agency developed the proposed action in accordance with applicable agency regulations and plans guiding the development of electronic sites, including the “Cibola National Forest Land and Resource Management Plan” (1985) and the existing “Microwave Ridge Electronic Site Plan” (2005).

Alternative 1: No Action Under the no action alternative, the Cibola National Forest would not establish the Rinconada Communications Site at the proposed location. KD Radio would not receive a communications use lease and, therefore, would not develop a high-power radio transmission facility on Mt. Taylor in order to expand its service to the rural areas of Cibola, McKinley, and Valencia Counties. Existing uses and management of the area would continue unchanged. These would include recreation such as hunting and any traditional cultural uses in the area. This is the Preferred Alternative.

Alternative 2: Proposed Action The proposed action establishes the Rinconada Communication Site and authorizes a communications use lease to KD Radio for construction and use of a transmission facility at the site.

The proposed location of the Rinconada Communication Site is within Township 11 North, Range 7 West, Section 17, NMPM, on the Mt. Taylor Ranger District of the Cibola National Forest in Cibola County, New Mexico (figure 1). The proposed site is situated approximately one-half mile south of the existing Microwave Ridge No. 1 Electronic Site along Forest Service Road 400 (FS 400). In addition to the existing access road leading to the proposed site, there is also an existing overhead utility line running parallel at this location. The proposed site would occupy an area of 400 feet (ft) by 400 ft, or approximately 3.7 acres, which would serve potential present and future uses for high-power communication systems. The 3.7-acre site would accommodate approximately three primary users. A site plan would be developed for the Rinconada Communication Site restricting it to 3.7 acres, and requiring any additional towers to be self- supporting and less than 200 ft in height. The plan would also encourage co-location to occur at the site. Each additional facility would undergo an application and review process through the Cibola National Forest.



Figure 1. Location of proposed Rinconada Communications Site



As a connected action, the Agency would grant KD Radio a communications use lease authorizing the construction, operation, and maintenance of a high-power FM broadcast facility at the site. The proposed facility would be constructed approximately 100 ft east of existing FS 400 in the northwest quadrant of the site, covering an approximate area of 80 ft by 40 ft (figure 2). A 180-ft, self-supporting lattice tower would be employed to support a six-element antennae. This tower would not be lighted and would be painted to reduce reflectivity. A 12 ft by 20 ft equipment shelter of wood frame and ProPanel construction would be located next to the tower. Based on the height of the tower (180 ft) and the soil identified during the geotechnical investigation (Towner 2007b), a pier and pad or mat foundation is recommended for the tower foundation. The equipment shelter would be placed on a slab type foundation or shallow piers. The facility would receive electric power service from a nearby overhead utility line parallel to FS 400. Approximately 300 ft of overhead line and one power pole would be installed, as well as approximately 70 ft of underground conduit from the power pole to the utility meter located on the shelter (see figure 2). In response to the NMDGF recommendations, security lighting for on-ground facilities and equipment will be down-shielded to keep light within the boundaries of the site and minimize the potential to attract birds. Land disturbance from construction would be minimal. No new roads would need to be developed to access or construct the facility. Excavation would be necessary to accommodate the tower footings and foundation for the equipment shelter (see figure 2). No imported fill would be required. Any extra soil from excavation would be distributed around the site. No trees would need to be removed. Upon completion of the project, the area would be reseeded with a native seed mix specified by the district ranger. If any tree limbs need to be removed during maintenance of FS 400 or for the installation of transmission facilities, these activities would occur from September through March to avoid potential impacts to nesting birds.

Mitigation The Forest Service also developed the following mitigation measures to be implemented as part of the proposed action.

Noxious Weeds All construction equipment would be cleaned before entering the project site and after working in any weed-contaminated soils. High-pressure water spray would be used. Areas temporarily disturbed during construction would be revegetated with native species upon completion of the work.

Migratory Birds Removal of any trees or limbs during construction would occur from September through March to avoid potential impacts to nesting birds. Construction activities would avoid impacting snags and cavity trees.

Archaeological/Historic Properties If cultural materials are exposed during construction, all work would cease immediately and the forest archaeologist would be contacted. The Navajo Nation Historic Preservation Department requests copies of all anthropological and archaeological reports generated by the project, and



requests to be notified if project activities inadvertently discover Navajo habitation sites, plant gathering areas, human remains, or objects of cultural patrimony. The Pueblo of Laguna requests notification in the event that any new archaeological sites are discovered and any artifacts recovered.

Traditional Cultural Properties The agency (Forest Service) has determined that the proposed action would have an adverse effect upon the Mt. Taylor TCP. Consultation with Native American tribes under Section 106 of the National Historic Preservation Act would be conducted by the Cibola National Forest to consider ways to potentially avoid, minimize, or mitigate identified adverse effects to the TCP before a decision is made to approve the proposed action.

Visual Quality In order to minimize visual impacts to Retention and Partial Retention Visual Quality Objective (VQO) areas, the tower design would incorporate measures to reduce reflectivity. A nonreflective, medium gray paint may be used, or an acid wash to darken and reduce, or eliminate, reflectivity.

Forest Plan Consistency The project lies within Management Area 8 (MA 8) as described in the 1985 “Cibola National Forest Land and Resource Management Plan.” The primary management emphasis for MA 8 is on “regulated even-aged timber management” (USDA Forest Service 1985: p. 117). As previously noted, the proposed Rinconada site lies within an area the forest plan identified as an electronic site (Microwave Ridge No. 2). This proposal is consistent with the direction in the forest plan.

Alternatives Considered but Eliminated from Detailed Study Federal agencies are required by NEPA to rigorously explore and objectively evaluate all reasonable alternatives and to briefly discuss the reasons for eliminating any alternatives that were not developed in detail (40 CFR 1502.14). Public comments received in response to the proposed action contributed to the development of alternative methods for achieving the purpose and need.

A preliminary alternative was to locate the transmission facility within the existing Microwave Ridge No. 1 Electronic Site. However, this alternative was dismissed early in the planning process due to potential electronic interference. Two separate interference issues contributed to the elimination of this alternative from further study. The first relates to FCC regulations requiring minimums of distance separation between FM transmission ranges to prevent interference between the radio frequencies (47 CFR 73.207). A separation analysis conducted by KD Radio calculated that the existing communication site would result in interference with surrounding stations. Locations to the north and east of the proposed Rinconada site would result in interference with stations in Farmington or Albuquerque. Placing the transmission facility at the Microwave Ridge No. 1 site, located north of the proposed site, would create interference with other licensed FM stations and violate Federal Communications Commission rules for station separation . The second issue arises from the potential electronic interference resulting



Figure 2. Proposed KD Radio transmission facility site plan



from co-locating low-power and high-power facilities at the same site. This type of co-location has been conducted at some electronic sites, with varying degrees of success. The 2005 management plan for the existing Microwave Ridge No.1 Electronic Site specifically restricts use of the site to low-power communications. Therefore, this alternative would not meet the purpose and need by not being able to ensure reliable broadcast service and not conforming to the Microwave Ridge No. 1 site management plan.

Another alternative considered but eliminated from detailed study is the placement of the tower in another location, either on private land or on national forest system land outside the boundaries of the Mt. Taylor TCP. Again, the separation analysis identified the proposed location as the only area able to meet FCC separation requirements while providing the coverage needed by the radio station. The separation map identifies the proposed project location as the only alternative that meets the project’s purpose and need. This map is included in the project record as exhibit 3B of KD Radio’s 2006 Communications Use Lease Application.

Comparison of Alternatives This section provides a summary of the effects of implementing each alternative. Information in table 1 is focused on activities and effects where different levels of effects or outputs can be distinguished quantitatively or qualitatively among alternatives.

Table 1. Comparison of alternatives

Affected Resource Alternative 1 Alternative 2

Vegetation No impact to vegetation. Minor adverse impact to vegetation would be localized to the small scale of the 3.7-acre site. Construction of a transmission facility would require removal of a few ponderosa pine saplings and some native grasses. Some potential habitat for the Arizona leatherflower, a sensitive species, would be lost to development, but would not result in a trend toawrd listing of the species. Ground-disturbing activities have the potential of spreading noxious weeds; however, this impact can be mitigated.

Wildlife No impact to wildlife. Due to minimal impacts on vegetation and habitat, and mitigation provided in the proposed action, there would be no adverse impacts to area wildlife. Unlit, self-support tower design and other mitigation measures would avoid adverse impacts to migratory birds and wildlife habitat. No listed species would be impacted. There would be no adverse affects to FS Sensitive Species.



Affected Resource Alternative 1 Alternative 2

Traditional Cultural Properties

No impact to TCPs. The Cibola National Forest has made a determination that this alternative would have an “adverse effect” on the Mt. Taylor TCP under Section 106 of the National Historic Preservation Act. The presence of the new site and communication tower changes the setting, which would adversely impact traditional practitioners’ ability to conduct their activities and reduce their overall effectiveness. Tribal consultation would include efforts to mitigate or minimize adverse effects.

Soils and Water No adverse impact to soils and water.

Minor adverse impacts to soils from construction consisting of a small amount of soil compaction, disturbance and loss. Impacts would be minor and localized to the 0.07-acre footprint of the tower facility. No impacts are anticipated to water resources as there are no perennial streams, permanent surface water, wetlands, springs or seeps in the project area.

Visual Quality No adverse impact to visual quality. Minor adverse impacts to visual quality within a 4-mile area from the tower can be mitigated by using nonreflective coating. The visual environment of the project vicinity is already impacted by a nearby existing electronics site, and any impacts from another tower in the area would be minimized as a result.

Social Considerations

Radio service (including Emergency Broadcast System messages) to rural residents would remain unchanged. Currently unserved areas would continue to be outside the range of local broadcast media. An estimated 16,000 residents of rural areas are currently outside the local radio broadcast service area.

An increased number of rural residents would be within range of local broadcast services provided by KD Radio, including Emergency Broadcast System messages. Beneficial long-term effects to areas and residents currently outside the service coverage area for local radio. The proposed KD Radio upgrade would increase coverage from approximately 1,828 square miles to 6,188 square miles and from 21,240 people to 37,285 people.


Chapter 3. Affected Environment and Environmental Consequences

This chapter summarizes the physical, biological, social, and economic environments of the project area and the effects of implementing each alternative on that environment. It also presents the scientific and analytical basis for the comparison of alternatives presented in the alternatives chapter.

Vegetation The proposed communication site is located in ponderosa pine parkland in the San Mateo Mountains at an elevation range of 9,170 ft to 9,184 ft above mean sea level. The overstory is comprised of immature ponderosa pine trees and the understory contains ponderosa pine saplings and various grasses, including dropseed grasses, grama grasses, mountain muhly and bottlebrush grass. The area was subjected to a timber sale and a controlled burn in 1998 (Microwave Timber Sale). A biological assessment and evaluation (BAE) was completed for the proposed project (Towner 2007a and Parametrix 2008) and two rare plants were included in the assessment. The BAE documented there would be no impact to the Villous groundcover milkvetch as a result of implementing this project. The Arizona leatherflower may be impacted by the project, but impacts are not likely to result in a trend toward Federal listing or loss of viability. No noxious weeds were identified in the project area.

Alternative 1: No Action Direct, Indirect, and Cumulative Effects There would be no effects to vegetation as a result of the no action alternative. Any changes to vegetation would be due to its continued growth and development as well as any natural disturbance that might occur.

Alternative 2: Proposed Action Direct and Indirect Effects The proposed location of the Rinconada Communication Site and construction of a radio transmission facility would have a minimal impact on vegetation. Construction of the proposed facility would require removing a few ponderosa pine saplings and some native grasses. Access to the proposed tower location would not require the removal of vegetation, as an existing 2-track road extends from FS 400 to the proposed site. Some limbs would likely need to be removed from trees along FS 400 during construction of the site. Ground-disturbing activities during tower construction have the potential of spreading noxious weeds; however, this impact can be mitigated by requiring the cleaning of construction equipment and reseeding the disturbed area with native vegetation (included as part of the proposed action – see page 7).

Potential indirect effects of the proposed action are those resulting from increased use and maintenance of FS 400 between the existing Microwave Ridge Electronic Site and the proposed Rinconada Communication Site. During future road maintenance along FS 400, it is possible that some ponderosa pine trees would need to be trimmed; however, it is unlikely that any trees would need to be removed. Due to the small scale of disturbance from indirect effects, the impact to vegetation communities and/or wildlife habitat at the local and forest level would be minimal.



Cumulative Effects Past impacts to ponderosa pine forest in the project vicinity include the development and use of the Microwave Ridge Electronics Site No. 1 and timber management activities (i.e. harvests, thins, and burns). Development of another communication site in the vicinity would not adversely affect vegetation communities or wildlife habitat in the region, mainly due to the half-mile separation between sites, and the retention of many trees and other vegetation within the sites themselves.

The development of two additional high-power electronic facilities at the site is a reasonably foreseeable action. The Forest Service site plan for the proposed Rinconada Communication Site would guide the design and construction of such facilities, and a separate review process would be required for each proposed action. Future facilities would likely have small footprints similar to the proposed facility (80 ft by 40 ft), which would result in similarly minimal impacts to vegetation. Cumulatively, the area impacted by the facilities is not likely to exceed 12,800 square ft, or 0.29 acre, which would not result in significant impacts to vegetation. As a result, any cumulative impacts to vegetation from past, present, and reasonably foreseeable actions associated with the proposed action would be minimal.

Threatened and Endangered Species and Forest Service Region 3 Sensitive Species A BAE was completed to determine effects of the proposed action on threatened, endangered, candidate, and Forest Service Region 3 Sensitive Species (Towner 2007a). The U.S. Fish and Wildlife Service Threatened and Endangered Species System was consulted to identify potential listed and protected species with habitat in the project area. The Mexican spotted owl, a federally threatened species, and the northern goshawk, a Forest Service Region 3 Sensitive Species, were identified as potentially using the area for foraging and hunting, although the ponderosa pines in the area are likely too small to provide adequate habitat for nesting and breeding. Federally designated critical habitat for the Mexican spotted owl is located approximately 1.4 miles north of the proposed site (figure 3).

An addendum to the BAE was prepared in October 2008 to consider additional species included in the 2008 revised Forest Service Region 3 Sensitive Species List (Parametrix 2008). Additional species considered in the addendum include the spotted bat, Mt. Taylor northern pocket gopher, bald eagle, American peregrine falcon, Villous groundcover milkvetch, and the Arizona leatherflower. A species list with suitable habitat requirements is present in table 2 below. Those species with habitat in the area are shown in bold. Other species listed in the table were not considered further because their habitat does not occur in the analysis area.

Alternative 1: No Action Direct, Indirect, and Cumulative Effects There would be no effects to federally listed, proposed, candidate, or Forest Service Region 3 Sensitive Species as a result of the no action alternative.



Figure 3. Mexican spotted owl critical habitat in relation to the proposed action



Table 2. Threatened, endangered and FS R3 sensitive species habitat

Common Name/Status

Scientific Name Habitat Type Habitat

Present (Y/N)

Mammals

Merriam’s shrew FS Sensitive

Sorex merriami leucogenys

Grasslands, sagebrush scrub, piñon-juniper woodlands, mixed-conifer woodlands

N

Dwarf shrew FS Sensitive

Sorex nanus Grasslands, chaparral, bare rock/scree, mixed-conifer woodlands

N

Spotted bat FS Sensitive

Euderma maculatum

Various habitat types including open ponderosa pine, roosts in cliff faces

Y

Black-footed ferret Federal Endangered-Extirpated

Mustela nigripes Associated with prairie dog towns N

Gunnison’s prairie dog FS Sensitive

Cynomys gunnisoni

Flood plain and alluvial flats lying to the east and southeast of Mount Taylor

N

Ceboletta southern pocket gopher FS Sensitive

Thomomys bottae paguatae

Flood plain and alluvial flats lying to the east and southeast of Mount Taylor

N

Mt. Taylor northern pocket gopher FS Sensitive

Thomomys talpoides taylori

Pine and fir belts above 8,500 ft in the San Mateo Mountains

Y

Birds

Mexican spotted owl Federally Threatened

Strix occidentalis Dense, multistory stands of mixed-conifer Y Foraging habitat

only

Bald eagle Federal Delisted/monitored

Haliaetus leucocephalus

Conifer and mixed-conifer woodlands, cliff faces

Y

Northern goshawk FS Sensitive

Accipiter gentilis Conifer and mixed-conifer woodlands Y

American peregrine falcon Fed. delisted/monitored

Falco peregrinus (anatum)

Conifer and mixed-conifer woodlands, cliff faces, chaparral, shrubland,

Y

Western yellow-billed cuckoo Federal Candidate

Coccyzus americanus occidentalis

Riparian woodland habitats N

Southwestern willow flycatcher Federal Endangered

Empidonax traillii extimus

Riparian N

Amphibians

Northern leopard frog FS Sensitive

Rana pipiens Permanent water with rooted aquatic vegetation

N



Common Name/Status

Scientific Name Habitat Type Habitat

Present (Y/N)

Fish

Rio Grande sucker FS Sensitive

Catostomus plebeius

Small to moderately large streams N

Zuni bluehead sucker Federal Candidate

Catostomus discobolus yarrowi

Low-velocity pools and pool-runs with seasonally dense algae

N

Crustaceans

Clam shrimp FS Sensitive

Eulimnadia follisimillis

Vernal and ephemeral pools N

Fairy shrimp (new spp.) FS Sensitive

Streptocephalus n. sp.1

Vernal and ephemeral pools N

Plants

Zuni fleabane Federal Threatened

Erigeron rhizomatus

Found on Chinle shale and associated soils in the piñon-juniper association 7,189 to 7,870 feet elevation in the Zuni Mountains.

N

Zuni milkvetch FS Sensitive

Astragalus accumbens

Piñon-juniper woodland and gravelly clay banks

N

Chaco milkvetch FS Sensitive

Astragalus micromerius

Piñon-juniper woodland and Great Basin desert scrub

N

Villous groundcover milkvetch FS Sensitive

Astragalus humistratus var. crispulus

Sandy soils of volcanic origin on slopes, benches, and ledges in xeric pine forests

Y

Arizona leatherflower/ Clustered leatherflower FS Sensitive

Clematis hirsutissima var. hirsutissima

Moist mountain meadows, praires, and open woods and thickets of ponderosa pine and mixed-conifer forests

Y

Sivinski’s fleabane FS Sensitive

Erigeron sivinskii Piñon-juniper woodland and Great Basin desert scrub

N

Alternative 2: Proposed Action Direct and Indirect Effects The biological survey did not find any threatened, endangered, candidate, and/or Forest Service Region 3 Sensitive Species in the project area (Towner 2007a). However, the BAE and addendum report (Parametrix 2008) identified that potential habitat exists in the project vicinity for the spotted bat, Mexican spotted owl, Mt. Taylor pocket gopher, bald eagle, northern goshawk, American peregrine falcon, villous groundcover milkvetch, and Arizona leatherflower.

These species utilize a variety of habitat types, one of which is open ponderosa pine forest. Although spotted owls, bald eagles, northern goshawks, and American peregrine falcons may use the project area for foraging, the open ponderosa forest and lack of larger diameter trees, snags, or



rocky cliffs and crevices does not provide adequate nesting habitat for these species. Further, no large trees would be removed during project activities. The BAE determined this project would have no impact on the sensitive bird species and no effect to the Mexican spotted owl. The closest federally designated critical habitat is for the Mexican spotted owl and is located approximately 1.4 miles north of the proposed site (figure 3). There would be no impact to critical habitat as a result of implementing the proposed action since primary constituent elements of critical habitat would not be altered.

The Mt. Taylor northern pocket gopher has been documented only above 8,500 ft in forested areas in the San Mateo Mountains. Located at approximately 9,175 ft, the proposed 3-acre site falls within this habitat type. However, impacts to gopher habitat from construction of the proposed facility would be minimal. The footprint of the self-supporting tower and the 12 ft by 20 ft equipment building would result in negligible impacts when compared with the total size of Mt. Taylor’s high-altitude forested habitat. Therefore, although there is a slight chance that the proposed project may impact individuals of this species, it is not likely that any impacts to habitat or individuals would result in a trend toward Federal listing. Similarly, the spotted bat may pass through the site and the proposed tower may present an obstacle in the bats’ flight path, but it is not likely that the project would result in a trend toward Federal listing.

Villous groundcover milkvetch grows in sandy soils of volcanic origin, which are common on Mount Taylor. However, the proposed site is relatively flat and does not exhibit features such as slopes, benches, and ledges where the species usually grows. The project would not affect the species habitat or individuals. The Arizona leatherflower commonly inhabits open woods and thickets of ponderosa pine. The site has been thinned in the past, giving it an open, park-like appearance preferred by the species. Although the species was not discovered on the location, its habitat would be affected by the construction and development of the communication site. The BAE determined that the loss of habitat would not likely result in a trend toward federal listing of the species or loss of viability.

Potential indirect effects of the proposed action are those resulting from increased use and maintenance of FS 400 between the existing Microwave Ridge No. 1 Electronic Site and the proposed Rinconada Communication Site. During future road maintenance along FS 400, it is possible that some ponderosa pine trees would need to be trimmed; however, it is unlikely that any trees would need to be removed. Due to the small scale of disturbance, the impact to vegetation communities and/or wildlife habitat at the local and forest level would be minimal.

Cumulative Effects Past impacts to ponderosa pine forest in the project vicinity include development and use of the Microwave Ridge Electronics Site No. 1 and timber management activities (i.e. harvests, thins, and burns). The potential construction and use of two additional high-power electronic facilities at the site would have a minimal footprint. Although the project area may be used for foraging and hunting by the Mexican spotted owl and northern goshawk, the ponderosa pines in the area are likely too small to provide adequate habitat for nesting and breeding. No medium-sized or large trees need to be removed as part of the proposed action or reasonably foreseeable actions. Based on the small scale of cumulative impacts to vegetation, there would be no impact or effect to the habitat or populations of these protected species that would lead to federal listing or loss of viability.



Management Indicator Species The “Cibola National Forest Land and Resource Management Plan” (1985), as amended, identifies 15 management indicator species (MIS) that occur on the Cibola National Forest. Of these, only two, Merriam’s wild turkey and pygmy nuthatch, utilize ponderosa pine forest habitats. Other MIS species were not analyzed because of the lack of suitable habitat occurring within the project area. The management indicator species affects analysis was tiered to the Cibola forestwide MIS report prepared in 2005.

Merriam’s Wild Turkey There is very little suitable brooding and nesting habitat in the project area due to the lack of understory vegetation and brush required by wild turkeys for cover. Because the project area is primarily second growth ponderosa pine, there are very few available roosting trees as well. Turkey may occasionally forage on the project area.

Pygmy Nuthatch Pygmy nuthatches may breed in the project vicinity. The primary limiting factor for this species is the availability of pine snags greater than 12 inches diameter at breast height and over 30 ft high. Snags were not observed in the project area.

Alternative 1: No Action Direct, Indirect, and Cumulative Effects There would be no effects to MIS as a result of the no action alternative. The only potential for effects would be due to habitat changes that result from vegetation growth or natural disturbance.

Alternative 2: Proposed Action Direct and Indirect Effects Designation of the Rinconada Communication Site and construction of a radio transmission facility would have a minimal impact on vegetation and habitat of MIS species since only 3.7 acres are affected by this project. The proposed facility would encompass an area of approximately 80 ft by 40 ft within the new site and would require removal of a few ponderosa pine saplings and some native grasses. Access to the proposed tower location would not require the removal of vegetation, as an existing 2-track road extends from FS 400 to the site. Due to the small scale of disturbance associated with the proposed action, the minimal impacts to vegetation and MIS habitat would not disrupt MIS population numbers or trends at either the forest or project level.

Potential indirect effects of the proposed action are those resulting from increased use and maintenance of FS 400 between the existing Microwave Ridge Electronic Site No. 1 and the proposed Rinconada Communication Site. During material transport associated with facility construction, it is possible that some ponderosa pine trees would need to be trimmed along FS 400, however, it is unlikely that any trees would need to be removed. Due to the small scale of disturbance from indirect effects, there would be no change to vegetation communities and/or wildlife habitat trends at the local and forest level.



Cumulative Effects Past impacts to ponderosa pine forest in the project vicinity include development and use of the Microwave Ridge Electronics Site No. 1 and timber management activities (i.e. harvests, thins, and burns). These activities have altered the density of the forest, and have likely contributed to some changes in species use of the area. For example, prime habitat for MIS species includes brushy undergrowth and snags, both of which are less likely after management activities such as thinning and burning. However, the proposed action would not contribute to the effects of these past actions.

The construction of two additional high-power electronic facilities is a reasonably foreseeable action resulting from the proposed action. Cumulatively, a fully developed site is estimated to impact approximately 0.29 acre within the 3.7-acre site. No medium or large ponderosa pines need to be removed for the construction of future facilities. As a result, cumulative effects to the ponderosa pine forest as a result of the proposed action combined with all past, present, and future actions would not change MIS habitat or population numbers or trends at either the forest or project level.

High Priority Bird Species and Migratory Birds Executive Order 13186 of January 10, 2001, enjoined Federal agencies to promote conservation of migratory bird populations. In response to a regional directive resulting from this Order, the Cibola National Forest developed a list of high priority species (Schwarz 2008). High priority species in the Mt. Taylor Ranger District include the black-chinned hummingbird, broad-tailed hummingbird, loggerhead shrike, pinyon jay, Virginia’s warbler, and vesper sparrow. Ponderosa pine habitat is important to the broad-tailed hummingbird and Virginia warbler in the spring, summer, and fall months. Pinyon jays are casual, year-round users of ponderosa pine habitat. Of these three species that utilize the habitat in the project area, the Virginia warbler also nests in ponderosa pines. There is no link between this project area and important bird areas or overwintering areas on the Mt. Taylor Ranger District.

Alternative 1: No Action Direct, Indirect, and Cumulative Effects There would be no effects to migratory birds as a result of the no action alternative. The only potential for effects would be due to habitat changes that result from vegetation growth or natural disturbance.

Alternative 2: Proposed Action Direct and Indirect Effects The proposed action would have a minimal impact on vegetation and habitat that supports high priority bird species. The proposed facility would require removal of a few ponderosa pine saplings and some native grasses. Removal of saplings would occur outside of the breeding/nesting season. Access to the proposed tower location would not require the removal of vegetation, as an existing 2-track road extends from FS 400 to the site. Due to the small scale of disturbance associated with the proposed action and mitigation provided in the proposed action, potential impacts to high priority bird species or migratory birds are anticipated to be negligible.



As already described, disturbance of suitable habitat from the construction of the FM transmission facility would be minimal. However, the presence of towers on the landscape has been correlated with bird mortality. According to the NMDGF, communications towers pose a significant threat to migratory birds, killing an estimated 4 to 5 million birds a year (NMDGF 2001). Because lights and guy-wires on towers seem to be the primary factors causing large mortality events, the NMDGF recommends reducing unnecessary lighting, including down-shielding security lighting for on-ground facilities, and using construction techniques that do not require guy-wires, such as lattice structures or monopoles. The proposed transmission facility is designed as a 180-ft, self-supporting lattice structure. Because the tower is less than 200 ft tall, it does not require lighting. The current design of the proposed tower conforms to NMDGF guidelines to minimize avian mortality.

If any trees or limbs need to be removed during maintenance of FS 400 or for the installation of transmission facilities, these activities would occur from September through March to avoid potential impacts to nesting birds. Construction activities would avoid snags and cavity trees. No medium-sized or large ponderosa pines need to be removed for the construction of the proposed radio tower. If the recommendations described above are followed, there would be negligible impact to migratory bird populations, and minimal impact to ponderosa pine habitat.

Cumulative Effects Past impacts to ponderosa pine forest in the project vicinity include development and use of the Microwave Ridge No. 1 Electronics Site and timber management activities (i.e. harvests, thins, and burns). Timber management activities are likely beneficial to the broad-tailed hummingbird due to the creation of small forest openings.

Reasonably foreseeable actions include the development of approximately two additional facilities at the Rinconada Communication Site. The design and development of these facilities would be guided by a Forest Service site plan for the Rinconada Communications Site. This plan would require self-supporting towers that would be less than 200 ft tall and, therefore, not require lighting. It is reasonable to assume that future facilities be similar in size to the proposed communications facility, which would impact an area measuring approximately 80 ft by 40 ft. Cumulatively, the area impacted by the facilities is not likely to exceed 12,800 square ft, or 0.29 acre, which would not result in significant impacts to vegetation. No medium or large ponderosa pines need to be removed for the construction of future facilities.

Also, any future facilities would need to obtain communication use leases from the Cibola National Forest, and would be required to adopt tower designs that conform to NMDGF recommendations in order to minimize potential avian mortality. Reducing unnecessary lighting, including down-shielding security lighting for on-ground facilities, and using construction techniques that do not require guy-wires, such as lattice structures or monopoles would be required of any future proposals to construct communication tower facilities.

For these reasons, cumulative effects to high priority species and migratory bird populations would be minimal at both the forest and project levels.

Archaeological/Historic Resources A cultural resources investigation for the proposed action consisted of a literature review, a field survey, and a cultural resource report (Byszewski et al. 2007). The survey area was defined in



consultation with project engineers and the forest archaeologist and included the proposed 3.7-acre Rinconada Communication Site, a portion of Forest Road 400 providing access to the site, and a short corridor from the proposed site to an existing overhead electric utility line. The total area surveyed measures approximately 6.35 acres. An additional half-mile buffer around the proposed tower location was considered for potential indirect visual effects. This visual buffer is consistent with current FCC regulations, which prescribe a half-mile visual area of potential effects for new communications towers under 200 ft high. The total area of potential effects (APE) is comprised of the survey area plus the visual buffer.

Records obtained from the Archaeological Records Management System of the Laboratory of Anthropology and the Cibola National Forest indicate that an area encompassing the APE was surveyed in 1988 for the Microwave Timber Sale, Burn, and Two Water Developments Project (Copland 1988; FS Report No. 1988-03-133). Records of all previously recorded sites within a half-mile of the project area were obtained in order to evaluate the effects of the proposed undertaking upon NRHP-eligible resources, and to derive expectations as to the nature and frequency of resources that might be encountered during the field survey.

The cultural resource survey was conducted on June 11, 2007. No archaeological sites, historic buildings, structures, objects, or isolated finds were identified during this investigation within the survey area. Two ineligible archaeological sites (LA 70034 (AR-03-03-02-01411) and LA 70037 (AR-03-03-02-01415)) and one eligible archaeological site (LA 154483 (AR-03-03-02-2668)) were previously documented within a half-mile radius of the survey area defined for potential visual effects.

At the time of the survey, Cibola National Forest Archaeologist Cynthia Benedict was in the process of evaluating eligibility of the Mt. Taylor Traditional Cultural Property (TCP) to the NRHP. This TCP was officially determined eligible for inclusion in the NRHP in a February 2008 Forest Service report (Benedict and Hudson 2008). The Mt. Taylor TCP encompasses the entire mountain and flanking mesas, and fully encompasses the proposed project area. This cultural resource is discussed in the “Traditional Cultural Properties” section below.

Alternative 1: No Action Direct, Indirect, and Cumulative Effects There would be no effect to archaeological and historic resources as a result of the no action alternative.

Alternative 2: Proposed Action Direct and Indirect Effects No archaeological sites, historic buildings, structures, objects, or isolated finds were identified during this investigation within the survey area. Therefore, the proposed action would have no direct effect on any archaeological or historic resources listed on or eligible for listing on the NRHP.

A half-mile buffer around the proposed tower location was considered for potential indirect visual effects resulting from construction of a 180-ft-tall radio tower. This visual buffer is consistent with current FCC regulations, which prescribe a half-mile visual APE for new communications towers under 200 ft tall.



One NRHP-eligible archaeological site, LA 154483 (AR-03-03-02-2668), was previously documented within this visual APE. The site, recommended eligible in 2007 under Criteria A, B, and D, is the remains of a 1929 Ford tri-motor plane crash. Archival records indicate that the crash was the first commercial aviation disaster in U.S. history, which qualifies it for eligibility under Criterion A, as a significant event associated with the development of transcontinental commercial airline travel. The site is eligible under Criterion B for its association with famous aviator Charles Lindberg and noted local businessman A. B. McGaffey. Lindberg was instrumental in launching Transcontinental Air Transport, acting as technical advisor to the company, and was also heavily involved in the search for the missing plane. McGaffey, a prominent businessman and local timber baron, died in the crash. During his productive life, McGaffey owned a sawmill in the town of McGaffey, New Mexico, and played a key role in opening the Zuni Mountains region to logging and subsequent Anglo-European settlement. Lastly, the site is eligible under Criterion D because it has provided, and retains the potential to provide, further information about the 1929 crash (Chamberlain and Galassini 2006).

The potential visibility of the tower from LA 154483 (AR-03-03-02-2668) would not affect the characteristics of the site that convey its significance under Criteria A, B, and D. Artifacts at the site have been scavenged over the years and what little remained was recently collected by forest archaeologists. Only one crash tree remains, as others were logged or burned during timber management activities in 1998. Therefore, the visual characteristics of the site have already been largely compromised. Therefore, the construction of a radio tower at the proposed communication site would have no adverse effect on LA 154483 (AR-03-03-02-2668) or the characteristics that make it eligible for inclusion in the NRHP.

In summary, the proposed action would have no adverse affect on any archaeological or historic resources that are eligible for listing on the national register. However, if cultural materials are exposed during construction, all work would cease immediately and the forest archaeologist would be contacted.

Cumulative Effects Past actions in the project vicinity include development of the existing Microwave Ridge No. 1 Electronics Site (located a half mile to the north), the construction, use, and maintenance of FS 400, power lines, and timber management activities (i.e. harvests, thins, and burns). Previous archaeological documentation in the area indicates that timber management activities have impacted the historic Ford tri-motor plane cash site, LA 154483 (AR-03-03-02-2668).

Reasonably foreseeable actions include the construction of two additional transmission facilities at the proposed Rinconada Communication Site. The area surveyed for cultural resources consists of the entire 3.7-acre proposed communication site. Additional development on the proposed site would not adversely affect archaeological or historical resources listed, or eligible for listing, on the NRHP.

As a whole, the combined effects of the proposed action with other past, present, and reasonably foreseeable actions in the vicinity would not adversely impact archaeological and historic resources that are listed, or eligible for listing, on the NRHP.



Traditional Cultural Properties The Cibola National Forest routinely consults with eight tribes that may have used or may continue to use the Mt. Taylor district lands for traditional cultural or religious activities. These include: the Pueblos of Acoma, Laguna, Zuni, Jemez, and Sandia, the Hopi Tribe, the Navajo Nation, and the Jicarilla Apache Nation. In addition, at the request of the Navajo Nation, the forest consults with 11 Navajo Chapters that are located in the vicinity of the land managed by the Mt. Taylor Ranger District.

The tribes and chapters have been consulted regarding the proposed project. The project was first introduced to the tribes and chapters in a scoping letter sent out in June 2007. The letter specifically solicited information and concerns about potential impacts to sites of traditional cultural or religious significance. Written responses were received from the Pueblo of Laguna and the Navajo Nation, and a phone call was received from the Pueblo of Acoma Historic Preservation Office.

Project consultation meetings were held in the fall of 2007 with the Hopi Tribe, Navajo Nation, and Pueblo of Acoma. Field trips to the project area were taken with the Pueblos of Acoma and Zuni, and the Navajo Nation. Primarily based upon comments received from the involved tribes regarding the potential to affect a traditional cultural property, the Forest Service decided to prepare an EIS.

A new scoping letter was sent out to the tribes and chapters in early August 2008. The project was also included in the forest’s annual tribal consultation letter sent out in late August 2008. Written responses were received from the Hopi Tribe, Pueblo of Laguna, and Pueblo of Zuni Heritage and Historic Preservation Office, and a phone call was received from the Navajo Nation. Followup project consultation meetings were held with the Hopi Tribe, the Pueblos of Laguna, Acoma, Zuni, Sandia, Jemez, and the Navajo Nation during the fall and winter of 2008. Refer to the project record for a record of tribal consultation. Following is a discussion of the results of the consultation process.

Mt. Taylor holds considerable cultural significance for area tribes, including the Navajo Nation, the Hopi Tribe, the western Pueblos of Acoma, Laguna, and Zuni, many of the Rio Grande Pueblos, and the Jicarilla Apache Nation. It has long standing and ongoing historical, cultural, religious importance for these tribes. All consider the mountain to be sacred, and some acknowledge and have identified specific sites of traditional cultural and religious significance within the larger boundaries of the mountain. The mountain is used by many of the tribes listed above for a variety of traditional cultural and religious activities such as hunting, traditional plant and mineral gathering, religious pilgrimages, accessing springs, and as a place for special offerings.

There are some common elements about Mt. Taylor that have emerged from consultation with the involved tribes. It is evident that Mt. Taylor is a place where tribes continue to perform ceremonial activities in accordance with traditional cultural practices that are essential in maintaining their cultural identity and the continuity of their culture. These speak to the importance and ongoing reliance on the mountain to these tribal communities. These common elements about Mt. Taylor include:

• A place where traditional practitioners go to conduct traditional cultural and religious activities. Over time, these have included, but are not limited to: collecting of plants,



stones, minerals, pigments, soil, sand, and feathers, catching eagles, hunting game and birds, pilgrimages to place offerings, and to visit shrines and springs.

• The mountain has been used for a very long time (immemorial) and the use is ongoing. For some tribes, contemporary use may be sporadic, but is cyclic and generally based upon a seasonal calendar of prescribed cultural activities.

• The mountain figures prominently in oral traditions regarding origin, place of emergence, and migration.

• The mountain is viewed as a living, breathing entity that embodies a spiritual essence.

• Spirit beings recounted in oral traditions inhabit the mountain.

• The mountain is important in ceremony.

• The mountain plays a vital role in cosmology and religion.

• Mt. Taylor is considered a sacred landscape; part of a larger cultural landscape.

• The mountain is defined as a landscape larger than the peak and its summit. It encompasses the adjacent mesas, plateaus, down to the valleys.

• The mountain is a distinctive landmark or way point to aid in travel. Refer to “Mt. Taylor Traditional Cultural Property Determination of Eligibility for the National Register of Historic Places” (Benedict and Hudson 2008) for a more detailed discussion of the tribes’ views toward the mountain and the basis for defining Mt. Taylor as an historic property of traditional cultural and religious significance.

The primary concerns voiced by the tribes about the proposed project include:

• Impacts to healing ceremonies due to visual and electromagnetic interference. Visual and electromagnetic interference will render healing ceremonies ineffective. Tower(s) will impact the traditional practitioners’ ability to use a particular ceremony and accurately diagnose and treat their patients.

• Intrusion/interference with traditional cultural and religious practices.

• Diminish the power/effectiveness and value of traditional cultural practices.

• Impact the view shed of an important cultural landscape.

• Undertaking represents further contamination of the mountain that will have visual and physical impacts to the area.

• Visual intrusion for practitioners at the summit of Mt. Taylor.

• Interference with spirit beings who reside on or travel to the mountain; diminish the powers of prayer.

• Auditory interference will disallow meditative atmosphere and privacy needed for traditional cultural activities.

• Alteration of the spiritual sense of place/integrity of the mountain. Will impact the ability to use the area in an atmosphere of purity.



• Adverse cumulative effect upon the mountain and on tribal use of the mountain in the future for traditional cultural and religious purposes.

• Presence of existing towers constitutes an adverse effect; undertaking is seen as a cumulative effect upon the mountain.

• Potential harmful effects of electromagnetic radiation emitted from high-power facilities to both wildlife and humans, especially when practitioners and contemporary users are within proximity of the tower(s).

• Additional traffic associated with the facility may cause intrusion and interference with traditional and religious practices.

• Construction of the site will encourage/facilitate more use and expansion of development at the site

The cumulative effect of approving the construction of the communication site is of serious concern for the tribes that oppose this undertaking.

Alternative 1: No Action Direct, Indirect, and Cumulative Effects There would be no effect to sites of traditional cultural or religious significance as a result of the no action alternative.

Alternative 2: Proposed Action Direct and Indirect Effects The proposed project is located within the Mt. Taylor traditional cultural property. The proposed action would have an adverse effect upon the Mt. Taylor traditional cultural property because the undertaking would alter the characteristics of the property that qualify it for inclusion in the NRHP in a manner that would diminish the integrity of the property’s relationship, condition, and setting.

The undertaking would affect the site’s integrity of relationship. Mt. Taylor has an integral relationship with beliefs and traditional cultural practices of the involved tribes and is critical to the maintenance of their cultural identity and transmittal of their beliefs. These tribes engage in certain traditional activities that can only be conducted on Mt. Taylor.

The proposed undertaking risks the disruption and/or alteration of traditional cultural activities in the area that are critical to the continuity of cultural beliefs and practices of these tribes. In the view of the tribes, impacts to the traditional practitioners’ ability to conduct their traditional cultural activities in the area would render the overall effectiveness of medicine and healing ceremonies less effective.

The integrity of condition can be impacted through physical alteration of its location, setting, design, materials, or environment. The view shed from the TCP and noise interference are both important factors in addressing integrity of setting. The Pueblos of Zuni, Acoma, and Jemez and the Navajo Nation provided information which indicates this undertaking would have an adverse effect on the property through physical alteration of the setting. Although the communication site is confined to a specific location, the visual, auditory, and atmospheric effects would be



permanent. Increased traffic associated with construction and use of the facility may further disrupt traditional activities.

Cumulative Effects The tribes consider the presence of the existing towers and their associated facilities on Mt. Taylor an adverse effect. The cumulative effect of the proposed action is to increase development and use of the mountain, which would continue to disrupt American Indian cultural and religious activities on the mountain, exacerbate the intrusive visual, audible, and atmospheric elements, and impact the integrity of the mountain. This proposed action, in combination with past development of the Microwave Ridge and La Mosca Communication Site, as well as other construction or development within and adjacent to the TCP, and proposed development such as exploratory drilling and mining of uranium, and the foreseeable build out of the Rinconada Communication Site, would have an adverse cumulative affect as it would exacerbate the loss of integrity of relationship and condition, through physical alteration of its setting.

If the Rinconada Communication Site is constructed, the site would be large enough to allow for the construction of two additional towers and their associated facilities. If other companies apply for and are granted a permit for a tower within the Rinconada Communication Site, more physical space would be impacted, further displacing and disrupting prescribed traditional activities, and it would cause additional visual, auditory, and electromagnetic interference. Increased traffic associated with this facility may cause more intrusion and interference with traditional and religious activities.

Soils and Water Mt. Taylor is an extinct volcano comprised of andesite, basalt and rhyolites. Around its base are basalt-capped mesas and cinder cones. The project area occurs on a mesa ridgetop on Mt. Taylor, approximately 3.9 miles south from its peak (at 11,301 ft). Topography in the project area is generally level with slopes of less than 10 percent. Elevation at the proposed site ranges from 9,170 ft to 9,184 ft above mean sea level. A geotechnical investigation conducted in the project area (Towner 2007b) identified onsite soils as consisting of fine silty clay with volcanic stone.

The Cibola National Forest’s terrestrial ecosystem survey (TES) database delineates ecological map units on the forest based on the relationships between geology, vegetation, soils, and climate. The ecological map unit in and around the project area is 507, indicating that the parent soil material is composed of andesite, latite and basalt. The soils are typic argiustolls with an inclusion of pachic argiustolls. More specific ecological information for these map unit components is included in the project record.

There are no perennial streams, permanent surface water, wetlands, springs or seeps in the project area. The closest drainage is located approximately 0.32 mile to the west and is an unnamed tributary of San Jose Canyon. Rinconada Canyon is located 1.3 miles to the north and 1.7 miles to the west of the proposed communication site.



Alternative 1: No Action Direct, Indirect, and Cumulative Effects Soils in the project area are relatively stable with minimal perceived erosion. Under the no action alternative, there would be no effects to the soils and water in the general area.

Alternative 2: Proposed Action Direct and Indirect Effects Establishment of Rinconada as a high-power site would not result in site disturbance. The development of the KD Radio transmission facility would require site disturbance and construction activities. The proposed transmission facility would encompass an area of approximately 80 ft by 40 ft, or 0.07 acre, within the proposed communication site. Construction associated with the facility would include foundations for a tower and an equipment shelter, and a 70-ft-long trench required for a buried utility connection. These activities would result in a small amount of soil compaction, disturbance and loss. It is anticipated that soils would be excavated with heavy earthwork equipment capable of handling clay soil and hard rock. No imported fill would be required to construct the site. A minimum slope of 4 percent within 10 ft of the foundations would ensure that water drains away from the structures. Due to the small scale of the project, only minor impacts to soils are anticipated as a result of the project.

Cumulative Effects Cumulative effects to soils and water as a result of the proposed action and other management activities in the area would also be minor. Any impacts to soils and water from past timber management activities are no longer evident in the project area. The proposed site is on a relatively level ridgetop, so soil erosion has not increased significantly from reduced timber stands. Future impacts from two additional communication facilities would be of similar magnitude to those anticipated from the proposed KD Radio facility. Cumulatively, these reasonably foreseeable actions represent approximately 0.29 acre of impact to area soils. These effects would be mitigated with construction techniques and best management practices outlined above, and constitute a minor impact to soils.

Visual Quality Visual quality objectives (VQOs) are standards by which the visual resources of an area are managed on national forest system lands. VQOs are derived from physical and sociological characteristics of an area and describe the degree of acceptable modification in the basic elements (line, form, color and texture) of the landscape.

On the Cibola National Forest, VQO boundaries were delineated in 1981 and adopted by the forest plan in 1985. Revisions to the boundaries were made in 1991 to reflect management decisions outlined in the 1985 forest plan. Classes of VQOs (listed from most restrictive to least restrictive) include: Preservation (P), Retention (R), Partial Retention (PR), Modification (M), Maximum Modification (MM), and Rehabilitation (reh).

The proposed action is located within the Modification VQO (figure 4). Under the Modification VQO, management activities may visually dominate the original characteristic landscape. However, activities must borrow from naturally established form, line, color, or texture so



completely and at such a scale that their visual characteristics are those of natural occurrences within the surrounding area or characteristic type. Additional parts of these activities such as structures, roads, slash, root wads, etc., must remain visually subordinate to the proposed composition.

A half-mile buffer surrounding the tower location was evaluated because of the potential of a 180-ft-tall tower to dominate the foreground of the visual landscape within this distance. A 4-mile buffer was also evaluated for potential visual effects to surrounding areas. Generally, after 4 miles a 180-ft-tall tower becomes a subordinate element of the landscape. Figure 4 below depicts the proposed tower location and aforementioned buffers in relation to VQO management areas.

While the proposed action itself is located within a Modification area, the proposed tower may potentially be viewed from very small portions of Retention and Partial Retention areas within the half-mile foreground (see figure 4). In Retention areas, management activities should not be visually evident to the casual observer, whereas in Partial Retention areas management activities must remain subordinate to the characteristic landscape. However, there were no common viewer locations identified within this area. The closest common viewer locations are the Gooseberry Trail and summit of Mt. Taylor, located approximately 3.1 miles and 3.9 miles to the north, respectively (see figure 4). These viewer locations are located in a Partial Retention area and are considered in more detail in the “Alternative 2” section below. The proposed tower would not be visible from the Continental Divide Trail. An additional map included as Appendix 1 shows potential tower visibility in a larger region that includes Interstate 40 and the lands of Acoma and Laguna.

Alternative 1: No Action Direct, Indirect, and Cumulative Effects There would be no effects to the visual quality of the area as a result of the no action alternative.

Alternative 2: Proposed Action Direct and Indirect Effects A 180-ft, self-supporting lattice tower would be constructed as part of the FM transmission facility at the proposed site. No lighting would be required on the tower, because it is designed to be less than 200-ft tall. The visual environment of the project vicinity is already impacted by a nearby existing electronics site, and any impacts from another tower in the area would be minimized as a result.

The project area is located within the Modification VQO. Very small portions of Retention and Partial Retention areas are located within a half-mile of the proposed tower location; however, there are no viewer locations identified in these areas. The proposed tower may potentially be visible from the peak of Mt. Taylor (3.9 miles to the north), as well as two discontinuous segments of the Gooseberry Trail that total approximately 0.84 mile in length (3.2 miles to the north) (see figure 4). These areas are located within the Partial Retention VQO management area. The tower would likely be a subordinate feature of the landscape from this distance. Significantly, existing towers at the Microwave Ridge No.1 Electronic Site are located between the viewer locations and the proposed tower site, further subordinating the proposed tower in the existing landscape. In order to minimize any visual impacts, the tower design would incorporate measures



to reduce reflectivity. A nonreflective, medium gray paint or an acid wash to reduce reflectivity would be suitable mitigation.

Cumulative Effects Past visual impacts in the project vicinity include the Microwave Ridge No. 1 Electronic Site (located a half mile to the north) and timber management activities (i.e. harvests, thins, and burns). Reasonably foreseeable actions include the construction of two additional high-power electronic facilities at the proposed Rinconada Communication Site. Due to the presence of the existing towers between the proposed site and Mt. Taylor peak and portions of the Gooseberry Trail, as well as the distance of nearly 4 miles from these recreation areas, it is unlikely that the present and future construction of towers at the proposed Rinconada Communication Site would further adversely impact the recreational viewshed. It is likely that potential future towers would also be visible from small portions of Retention and Partial Retention areas within a half-mile of the proposed site. In order to minimize visual impacts to these areas, the design of any additional towers should also incorporate measures to reduce reflectivity, such as a nonreflective, medium gray paint or an acid wash. This mitigation measure would be incorporated as a design requirement in the Forest Service plan for the Rinconada Communication Site.

Social Considerations KD Radio has identified a need to upgrade local radio service in the Grants vicinity to reach a wider service area. The KD Radio-operate KDSK and its companion AM station KMIN, provide the only radio broadcast services from Grants, with programming directed specifically to the needs of the people in the area. KDSK also provides an advertising venue for locally owned businesses. The proponent believes that reaching a wider audience would promote economic development in Cibola County, helping to retain much of the local retail and service economy of the area. In addition to advertising, news, and community information, KDSK acts as the only immediate conduit of emergency information in the region.

According to the Cibola County Emergency Management Office, the only way to notify the public of potential hazards in the region is through emergency announcements on the local radio station, KDSK (included in the project record as part of KD Radio’s Communications Use Lease Application). The Grants area is known for its sandstorms, which have forced the closure of Interstate 40 at least six times in the past 4 years. The first storm of 2004 resulted in a 21-car pileup, two fatalities, and significant property damage. KDSK provided emergency announcements and programming throughout the emergency response effort. In another case, KDSK provided the only immediate source of information to San Rafael residents during an outbreak of contamination in the community water system. The Cibola County Sheriff’s Department, the Police Chiefs of Milan and Grants, the Superintendent of Cibola County Schools, Cibola County Emergency Management Office, and State of New Mexico Lieutenant Governor Diane D. Denish, have recognized KDSK for providing a crucial public service. The proponent intends to use the proposed high-power radio transmission facility at the Rinconada Communication Site to expand the service of KDSK, thereby providing community and emergency broadcasting to a larger, currently unserved area.



Figure 4. Visual quality objective areas in the vicinity of the proposed action



Alternative 1: No Action Direct and Indirect Effects There would be no direct effects to public information service as a result of the no action alternative. However, there is a potential of indirect effects on information dissemination if people in the rural portions of Cibola, McKinley, and Valencia Counties continue to lack access to vital community and emergency information. An estimated 16,000 residents of rural areas are currently outside the local radio broadcast service area, as well as motorists along certain stretches of Interstate 40. Local radio services, including emergency broadcast services, would remain unavailable to a large area. In the long term, there would continue to be several thousand people in the region who would not have access to the community programming and emergency broadcast services provided by local radio.

Cumulative Effects The Cibola National Forest has not received applications for any other radio transmission facilities that would serve the same area. Acoma and Laguna are considering a potential low-power radio tower on Laguna land east of Mt. Taylor, but this location has not been screened for interference issues, and the range of the transmission facility would be less than the KD Radio facility, based on their relative locations and power.

Alternative 2: Proposed Action Direct and Indirect Effects Human health and social effects fall into two categories: (1) the direct effects of radio frequency exposure and noise in the vicinity of the tower, and (2) the indirect effects of increased radio broadcast services in the region.

Direct effects of radio frequency exposure and noise: Prior to issuing an FM broadcast construction permit, the FCC requires documentation that radio frequency levels would remain within established exposure limits. These limits vary depending on the broadcast frequency and proximity to residential areas. Because there are no residential areas in close proximity to the proposed tower, exposure limits in this case pertain to maintenance personnel, forest visitors who happen to be in the area, and traditional cultural practitioners who may use the area.

The FCC permit KD Radio obtained for the transmission facility specifies the use of an EPA Type (6) eight-section antenna to comply with the FCC radio frequency electromagnetic field exposure guidelines. Any change to the type or size of antenna must be authorized by the FCC and approved for installation at the site by the Forest Service. The transmission facility, as proposed, complies with FCC radio frequency guidelines. Based on the tower design and transmission power, the FCC permit determined that the electromagnetic exposure of casual visitors would not exceed safe levels; therefore, there would be no adverse effect to health and safety as a result of exposures to radio frequencies.

Noise would be generated by cooling equipment associated with the equipment shelter that would contain the transmitter. Typically a standard window-mounted air-conditioning unit is used. The compressor noise from the unit would be heard from a radius of approximately



200 yards and would be most noticeable during the summer months, when cooling would be most needed.

Indirect effects of increased radio broadcast services in the region: There would be increased radio service in the region, which would improve public information dissemination, including the local EBS. The emergency broadcast service provided by KDSK would be expanded to include rural and Native American populations in Cibola, Valencia, and McKinley Counties. KDSK acts as the only immediate conduit of emergency information in the region. An increased range of service would allow KDSK to alert more people to traffic and weather hazards, as well as provide local and national emergency information. Localities such as Thoreau, El Morro, Hogg Place, Box Car Place, Rio Puerco, and Cuervo Crossing (among others) would receive local radio broadcasts, including news and community information. The proposed upgrade would increase coverage from approximately 1,828 square miles to 6,188 square miles and from 21,240 people to 37,285 people.

Cumulative Effects The Cibola National Forest has not received applications for any other radio transmission facilities that would serve the same area. Acoma and Laguna are considering a potential low-power radio tower on Laguna land east of Mt. Taylor, but this location has not been screened for interference issues, and the transmission facility would have a more limited range. Other past, present, and reasonably foreseeable actions would not contribute to effects on human health and safety from the proposed action. Other development of the site would increase noise effects since any additional facilities would require cooling equipment. Additional facilities would also need to meet the FCC electromagnetic radiation exposure requirements and would not increase human exposure to unsafe levels.

Short-term Uses and Long-term Productivity NEPA requires consideration of “the relationship between short-term uses of man’s environment and the maintenance and enhancement of long-term productivity” (40 CFR 1502.16). As declared by Congress, this includes using all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans (NEPA Section 101).

Use of the site under the proposed action would not affect the inherent productivity of the site. It could be restored to its previous state with no loss of productivity if elements such as concrete slabs were removed. In addition, the proposed 3.7-acre site encompasses a small area when considered in the context of the entire national forest.

Unavoidable Adverse Effects Alternative 1: No Action Under no action a large portion of rural Cibola County, as well as parts of McKinley and Valencia Counties would remain without adequate radio coverage. The lack of community and emergency broadcast service may result in inadequate dissemination of important local and regional information and EBS system notices to many Cibola, McKinley and Valencia County residents.



Alternative 2: Proposed Action The proposed action would have an adverse effect on the Mt. Taylor TCP because the undertaking would alter the characteristics of the property that qualify it for inclusion in the National Register of Historic Places in a manner that would diminish the integrity of the property’s relationship, condition, and setting. Potential avenues for mitigating or minimizing adverse effects would be discussed with tribal governments during the ongoing consultation process, as proscribed by Section 106 of the National Historic Preservation Act.

Irreversible and Irretrievable Commitments of Resources Irreversible commitments of resources are those that cannot be regained, such as the extinction of a species or the removal of mined ore. Irretrievable commitments are those that are lost for a period of time such as the temporary loss of timber productivity in forested areas that are kept clear for use as a power line right-of-way or road.

Alternative 1: No Action Alternative 1, no action, would not result in an irretrievable or irreversible commitment of resources.

Alternative 2: Proposed Action Alternative 2, the designation and development of the Rinconada Communication Site, would result in minor irretrievable commitments of resources. The only potential irretrievable commitment of resources would be a small amount of wildlife habitat that would be impacted by the proposed designation and development of the 3.7-acre site. There would be a minor irretrievable commitment of timber productivity where clearing would be needed to establish facilities. There would be some loss of wildlife habitat suitability due to development of the site.

Other Required Disclosures NEPA at 40 CFR 1502.25(a) directs “to the fullest extent possible, agencies shall prepare draft environmental impact statements concurrently with and integrated with other environmental review laws and executive orders.”

The Forest Service has consulted with the agencies listed below as required under the following laws:

• State Historic Preservation Office to comply with the National Historic Preservation Act for causing ground-disturbing actions in historical places or adverse impacts to TCPs;

• U.S. Fish and Wildlife Service in accordance with the ESA implementing regulations for projects with threatened or endangered species.

NEPA at 40 CFR 1506.10(b)(2) provides an exception to timing rules on decisions for agencies that have a formally established appeal process such as the Forest Service. A decision on this proposed action may be made at the same time as the publication of the Notice of Availability of the FEIS in the Federal Register. The appeal regulations at 36 CFR 215 will apply.

Environmental Impact Statement for Rinconada Communication Site 35

Chapter 4. Consultation and Coordination

Preparers and Contributors Prepared By

Berenika Byszewski, Environmental Planner, Parametrix

Forest Service ID Team Members Donald Hall, Lands Specialist Keith Baker, NEPA Specialist Cynthia Benedict, Forest Archaeologist Chuck Hagerdon (former member), Former District Ranger Jon Williams, (former member), Acting District Ranger Matt Reidy, District Ranger Nancy Brunswick, Visual Resources and Recreation Consuelo Zamora, District Biologist Beverly deGruyter, Forest Biologist

List of Agencies, Organizations and Persons Contacted during Project Scoping The Forest Service consulted the following individuals, Federal, State, and local agencies, tribes and non-Forest Service persons during development of this environmental impact statement:

Federal, State and Local Agencies USDI Bureau of Indian Affairs USDI Bureau of Land Management USDJ Federal Bureau of Investigation New Mexico Department of Game and Fish State of NM Communication Division State of NM Department of Information Technology Cibola County McKinley County Valencia County

Tribes Pueblo of Acoma Pueblo of Laguna Pueblo of Zuni Jicarilla Apache Pueblo of Sandia Navajo Nation The Hopi Tribe Pueblo of Jemez Casamero Lake Chapter Raman Navajo Chapter To’hajiilee Chapter



Whitehorse Lake Chapter Crownpoint Chapter Smith Lake Chapter Torreon Chapter Baca/Haystack Chapter Mariano Lake Chapter Thoreau Chapter Ojo Encino Chapter

Others American Tower BNSF Railway Company Center for Biological Diversity Continental Divide Electric El Paso Natural Gas Company Global Signal King Communications Nextel West Corporation Public Service Company of New Mexico Sierra Nevada Property Management Transwestern Pipeline Company Tri-State Generation and Transmission

List of Agencies, Organizations and Persons to Whom Copies of the DEIS Were Sent The draft environmental impact statement was distributed to individuals who specifically requested a copy of the document. In addition, copies were sent to the following Federal agencies, federally recognized tribes, state and local governments, and organizations representing a wide range of views regarding the proposed action.

U.S. Environmental Protection Agency, Office of Federal Activities Director, Planning and Review, Advisory Council on Historic Preservation* Deputy Director, USDA APHIS PPD/EAD* Natural Resources Conservation Service, National Environmental Coordinator* USDA, National Agricultural Library, Head, Acquisitions & Serials Branch USDA Office of Civil Rights* National Marine Fisheries Service, Habitat Conservationists Division* U.S. Army Engineer Division, South Pacific* Environmental Protection Agency, Region 6, EIS Review Coordinator Director, Office of Environmental Policy and Compliance, U.S. Department of the Interior U.S. Coast Guard, Environmental Management CG-443* Federal Aviation Administration, Southwest Region, Office of the Regional Administrator Federal Highway Administration, Division Administrator, New Mexico* U.S. Department of Energy, Director, Office of NEPA Policy and Compliance* Pueblo of Acoma The Hopi Tribe Pueblo of Jemez



Jicarilla Apache Pueblo of Laguna Navajo Nation Pueblo of Sandia Pueblo of Zuni Center for Biological Diversity

* Electronic copies provided on the world-wide web and/or on compact disc

Final Environmental Impact Statement for Rinconada Communication Site 39

References Cited

Benedict, C. and E. Hudson 2008 Mt. Taylor Traditional Cultural Property Determination of Eligibility. Heritage Resources

Report No. 2008-03-021, NMCRIS No. 109313, Cibola National Forest, Mt. Taylor Ranger District, Grants, NM.

Benedict, C. 2007a Laboratory of Anthropology Form for LA 156475 (AR-03-03-02-2800) Mt. Taylor.

Report No. 2007-03-033, Cibola National Forest, Mt. Taylor Ranger District, Grants, NM.

2007b Personal communication, Forest Archaeologist Cynthia Benedict, Supervisor’s Office, Cibola National Forest, June 8 and 13, 2007, and July 10 and 31, 2007.

Byszewski, B., C. Parrish, and N. Parker 2007 A Cultural Resource Survey for the Proposed Rinconada Communication Site, Mt.

Taylor Ranger District, Cibola National Forest. TEC Report Number 2007-37. Taschek Environmental Consulting, Albuquerque, NM.

Chamberlain N. and S. Galassini 2006 1929 Ford Tri-Motor Plane Crash, Site AR-03-03-02-2668/LA 154483 Inventory. Report

No. 2006-03-106, Mt. Taylor Ranger District, Cibola National Forest. NMCRIS 101928.

Copeland, Dr. B. 1988 Microwave TS, Burn, & Two Water Dev./Survey. Report No. 1988-03-133, Cibola

National Forest, Mt. Taylor Ranger District, Grants, NM.

New Mexico Department of Game and Fish 2001 New Mexico Department of Game and Fish Guidelines for Mitigating Bird Mortality

from Communications Towers. Conservation Services Division, July 2001.

Parametrix 2008 Biological Assessment and Evaluation Letter Addendum. October 16, 2008. PMX No.

563-6187-001, Parametrix, Albuquerque, NM.

Parker, P. and T. King 1998 National Register Bulletin: Guidelines for Evaluating and Documenting Traditional

Cultural Properties. U.S. Department of the Interior, National Park Service. National Register Bulletin No. 38.

Schwarz, H.R. 2004 High Priority Species on the Cibola National Forest. USDA Forest Service, Cibola

National Forest.

References


Towner Engineering Services, Inc. 2007a Biological/Evaluation Report, Rinconada High Power Electronic Site, Cibola National

Forest, USDA Forest Service. Towner Engineering Services, Inc., Albuquerque, NM. 2007b Geotechnical Investigation, Rinconada Site, Cibola National Forest, Cibola County, New

Mexico. Towner Engineering Services, Inc. Albuquerque, NM.

USDA Forest Service 1985 Cibola National Forest Land and Resource Management Plan, adopted July 1985.

USDA Forest Service, Cibola National Forest 2005a Cibola National Forest Management Indicator Species Report. 2005b Microwave Ridge Electronic Site Plan.

Final Environmental Impact Statement for Rinconada Communication Site 41

Appendix

1. Potential Tower Visibility in the Larger Region of I-40 and Acoma and Laguna Lands


2. Comment Letters and Responses on Draft Environmental Impact Statement



Responses to DEIS Comments Two of the responses received during the 45-day comment period on the draft environmental impact statement included comments related to the environmental effects of the proposal or included recommendations for additional requirements. These responses, submitted by the Navajo Nation and the State of New Mexico Department of Game and Fish, are discussed below. The Forest Service received responses from the Environmental Protection Agency, Department of the Interior, and the Advisory Council on Historic Preservation that required no changes to the analysis disclosed in the draft EIS.

The Navajo Nation The Navajo Nation comments reiterate the concerns expressed in the tribal consultation process for the project. During consultation with the Forest Service, the Navajo Nation identified adverse effects on traditional cultural practices that development of the Rinconada communication site would cause. The analysis on the effects on cultural practices disclosed in the draft EIS is consistent with the comments submitted by the Navajo Nation in their August 19, 2009, letter. The comments do not raise new issues requiring additional analysis or effects disclosure in the final EIS.

State of New Mexico Department of Game and Fish The State of New Mexico Department of Game and Fish (NMDGF) submitted comments identifying recommendations to minimize the effects on night-migrating migratory birds. The majority of these recommendations for design, construction, and operation of communication towers and associated facilities were incorporated into the Rinconada project design described in the draft EIS. The final EIS incorporates one measure that the draft omitted: security lighting for on-ground facilities and equipment will be down-shielded to keep light within the site boundaries and minimize the potential attraction to birds.


Index

Alternatives ............................................. 34

BAE ............................................. 13, 14, 17

biological survey ..................................... 17

Cibola National Forest Land and Resource Management Plan ............ iii, 2, 8, 19, 40

critical habitat .................................... 14, 18

Cumulative Effects ............... 13, 14, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 32, 33

endangered species .................................. 34

Forest Plan ................................................... 8

KD Radio .......................... iv, 1, 2, 3, 5, 7, 8, 9, 11, 30, 32

KDSK ...................................... 21, 28, 30, 33

Mt. Taylor TCP ........... iii, 4, 8, 11, 12, 22, 34

Plan ........................................ 2, 3, 4, 5, 8, 40

radiofrequency exposure ............................ 32

Traditional Cultural Properties ........ 8, 12, 24

tribal consultation .................. iii, 2, 4, 12, 24