Proposed Rules. Notice of public hearing on proposed rulemaking

18,815 words·~86 min read·/register/2007/07/09/07-3307

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 6116-01-C DEPARTMENT OF THE TREASURY Internal Revenue Service [REG-109367-06] 26 CFR Part 1 RIN 1545-BF52 Section 1221(a)(4) Capital Asset Exclusion for Accounts and Notes Receivable; Hearing AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of public hearing on proposed rulemaking. SUMMARY: This document provides a notice of a hearing on the proposed regulations under section 1221(a)(4) of the Internal Revenue Code. DATES: The hearing will be held on Wednesday, August 22, 2007 at 10 a.m.

ADDRESSES: The public hearing is being held in the IRS Auditorium, Internal Revenue Building, 1111 Constitution Avenue, NW., Washington, DC. FOR FURTHER INFORMATION CONTACT: Concerning the regulations, K. Scott Brown

(202)622-7454; to notify the IRS that you plan to attend the hearing and to be placed on the building access list, Kelly Banks at

(202)622-0392 (not toll-free numbers). SUPPLEMENTARY INFORMATION: On August 7, 2006, the Treasury Department and the IRS published in the **Federal Register** (71 FR 44600) proposed regulations § 1.1221-1(e), under section 1221(a)(4) of the Internal Revenue Code. These regulations clarify the circumstances in which accounts or notes receivable are “acquired * * * for services rendered” within the meaning of section 1221(a)(4). A public hearing was held on November 7, 2006, to discuss these regulations. Only two individuals spoke at the hearing. Additional written comments were received from interested parties after the period for comments closed and the hearing was held. Several of these written comments contained requests for private meetings. Because it is more appropriate to address the concerns raised in the comments publicly, the Treasury Department and the IRS are scheduling a public hearing at which taxpayers will have another opportunity to discuss the proposed regulations. The views expressed at the hearing will be used in the rulemaking process. Most of the written comments focused on the length of time that the decisions have been outstanding in *Burbank Liquidating Corp.* v. *Commissioner,* 39 T.C. 999 (1963), *acq. sub. nom. United Assocs., Inc.,* 1965-1 C.B. 3, *aff'd in part and rev'd in part on other grounds,* 335 F.2d 125 (9th Cir. 1964), and *Federal National Mortgage Association* v. *Commissioner,* 100 T.C. 541 (1993). The Treasury Department and the IRS request participants at the forthcoming public hearing to focus on whether the interpretation in the proposed regulations is legally correct, and whether the decisions in *Burbank Liquidating* and *Federal National Mortgage Association* correctly applied section 1221(a)(4). To attend the hearing, taxpayers must notify the IRS by Monday, July 23, 2007. Because of access restrictions, the IRS will not admit visitors beyond the immediate entrance area more than 30 minutes before the hearing. To notify the IRS that you plan to attend the hearing and for information about having your name placed on the building access list to attend the hearing, see the section in this document entitled FOR FURTHER INFORMATION CONTACT. LaNita Van Dyke, Chief, Publications and Regulations Branch, Associate Chief Counsel, Legal Processing Division (Procedure and Administration). [FR Doc. E7-13255 Filed 7-6-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1910 [Docket No. OSHA-2007-0032 (Formerly Docket No. OSHA-S031-2006-0665 and OSHA Docket No. S-031)] RIN 1218-AC09 Explosives; Extension of Comment Period AGENCY: Occupational Safety and Health Administration (OSHA), Department of Labor. ACTION: Proposed rule; extension of comment period. SUMMARY: OSHA is extending the comment period for its proposed standard on Explosives for an additional sixty

(60)days until September 10, 2007. DATES: Written comments must be submitted (postmarked or sent) by September 10, 2007. ADDRESSES: You may submit comments, identified by Docket No. OSHA-2007-0032, by any of the following methods: *Electronically:* You may submit comments and attachments electronically at *http://www.regulations.gov,* which is the Federal eRulemaking Portal. Follow the instructions on-line for making electronic submissions. *Fax:* If your comments, including attachments, do not exceed 10 pages, you may fax them to the OSHA Docket Office at

(202)693-1648. *Mail, hand delivery, express mail, messenger or courier service:* You must submit three copies of your comments and attachments to the OSHA Docket Office, Docket No. OSHA-2007-0032, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210; telephone

(202)693-2350 (OSHA's TTY number is

(877)889-5627). Deliveries (hand, express mail, messenger and courier service) are accepted during the Department of Labor's and Docket Office's normal business hours, 8:15 a.m.-4:45 p.m., E.T. *Instructions:* All submissions must include the Agency name and the docket number for this rulemaking (Docket No. OSHA-2007-0032). All comments, including any personal information you provide, are placed in the public docket without change and may be made available online at *http://www.regulations.gov.* Therefore, OSHA cautions you about submitting personal information such as social security numbers and birthdates. For further information on submitting comments, plus additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. *Docket:* To read or download comments and materials submitted in response to this **Federal Register** notice, go to Docket No. OSHA-2007-0032 at *http://www.regulations.gov* or at the OSHA Docket Office at the address above. All comments and submissions are listed in the *http://www.regulations.gov* index, however, some information (e.g., copyrighted material) is not publicly available to read or download through that Web page. All comments and submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. For information on accessing exhibits referenced in the Explosives proposal, see the “Public Participation” heading in the SUPPLEMENTARY INFORMATION section of this document. Electronic copies of this **Federal Register** document are available at *http://www.regulations.gov.* Copies also are available from the OSHA Office of Publications, Room N-3101, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone

(202)693-1888. This document, as well as news releases and other relevant information, also are available at OSHA's Web page at *http://www.osha.gov.* FOR FURTHER INFORMATION CONTACT: For general information and press inquiries: Kevin Ropp, Office of Communications, Room N-3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone

(202)693-1999. For technical inquiries: Donald Pittenger, Directorate of Standards and Guidance, Room N-3609, OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone

(202)693-2255 or fax

(202)693-1663. SUPPLEMENTARY INFORMATION: I. Extension of Comment Period On April 13, 2007, OSHA published a notice of proposed rulemaking to revise the Explosives standard (72 FR 18792). In that notice, the Agency provided the public with ninety

(90)days to submit written comments, until July 12, 2007. Several interested persons have requested an extension of the deadline for submitting comments explaining that they needed additional time to gather information and provide a thorough review and response to the proposed standard. OSHA is providing an additional sixty

(60)days for the submission of comments. Accordingly, written comments must now be submitted (sent or postmarked) by September 10, 2007. Granting additional time to comment on the proposed rule will allow these and other stakeholders time to provide more thorough comments on the proposed rule, which, in turn, will give OSHA a more complete record. II. Submission of Comments and Access to Comments You may submit comments in response to this document

(1)electronically at *http://www.regulations.gov,* which is the Federal eRulemaking Portal;

(2)by facsimile (FAX); or

(3)by hard copy. All comments, attachments and other material must identify the Agency name and the OSHA docket number for this rulemaking (Docket No. OSHA-2007-0032). You may supplement electronic submissions by uploading document files electronically. If, instead, you wish to mail additional materials in reference to an electronic or fax submission, you must submit three copies to the OSHA Docket Office (see ADDRESSES section). The additional materials must clearly identify your electronic comments by name, date, and docket number so OSHA can attach them to your comments. Because of security-related procedures, the use of regular mail may cause a significant delay in the receipt of comments. For information about security procedures concerning the delivery of materials by hand, express delivery, messenger or courier service, please contact the OSHA Docket Office (see ADDRESSES section). Comments and submissions in response to this **Federal Register** notice are posted without change at *http://www.regulations.gov* (Docket No. OSHA-2007-0032). Therefore, OSHA cautions commenters about submitting personal information such as social security numbers and date of birth. In the Explosives proposal, OSHA referenced a number of supporting materials. Those references are posted in both Docket No. OSHA-S031-2006-0665 (which is available at *http://www.regulations.gov* ) and OSHA Docket No. S-031 (which is available at *http://dockets.osha.gov* ). Although all submissions in response to this **Federal Register** notice and all supporting materials cited in the Explosives proposal are listed in the *http://www.regulations.gov* and *http://dockets.osha.gov* indexes, some information (e.g., copyrighted material) is not publicly available to read or download from that Web page. All submissions and supporting materials, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the *http://www.regulations.gov* Web page to submit comments is available at the Web page's User Tips link. Contact the OSHA Docket Office for information about materials not available through the Web pages and for assistance in using the Internet to locate docket submissions. Electronic copies of this **Federal Register** document are available at *http://www.regulations.gov.* This document, as well as news releases and other relevant information, also are available at OSHA's Web page at *http://www.osha.gov.* Authority and Signature This document was prepared under the authority of Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210, pursuant to Sections 4, 6, and 8 of the OSH Act of 1970 (29 U.S.C. 653, 655, 657), Secretary of Labor's Order No. 5-2002 (67 FR 65008), Secretary of Labor's Order 5-2007 (72 FR 31160 (6/5/2007)), and 29 CFR part 1911. Signed at Washington, DC, on July 2, 2007. Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. E7-13198 Filed 7-6-07; 8:45 am] BILLING CODE 4510-26-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 49 and 51 [EPA-HQ-OAR-2005-0163; FRL-8337-5] RIN 2060-AN28 Supplemental Notice of Proposed Rulemaking for Prevention of Significant Deterioration and Nonattainment New Source Review: Emission Increases for Electric Generating Units AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of extension of comment period. SUMMARY: The EPA is announcing an extension of the public comment period on our proposed amendments for the Supplemental Notice of Proposed Rulemaking for Prevention of Significant Deterioration

(PSD)and Nonattainment New Source Review (NSR): Emission Increases for Electric Generating Units (May 8, 2007). The EPA is reopening the comment period that originally ends on July 9, 2007. The extended comment period will close on August 8, 2007. The EPA is extending the comment period because of the number of requests we received in a timely manner. DATES: *Comments.* Comments must be received on or before August 8, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2005-0163, by one of the following methods: • *www.regulations.gov.* Follow the on-line instructions for submitting comments. • E-mail: *a-and-r-docket@epamail.epa.gov.* • Fax: 202-566-1741. • Mail: Attention Docket ID No. EPA-HQ-OAR-2005-0163, U.S. Environmental Protection Agency, EPA West (Air Docket), 1200 Pennsylvania Avenue, NW., Mailcode: 6102T, Washington, DC 20460. Please include a total of 2 copies. In addition, please mail a copy of your comments on the information collection provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St., NW., Washington DC 20503. • Hand Delivery: U.S. Environmental Protection Agency, EPA West (Air Docket), 1301 Constitution Avenue, NW., Room 3334, Washington, DC 20004, Attention Docket ID No. EPA-HQ-OAR-2005-0163. Such deliveries are only accepted during the Docket(s normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions.* Direct your comments to Docket ID No. EPA-HQ-OAR-2005-0163. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov* or e-mail. The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional instructions on submitting comments, go to the SUPPLEMENTARY INFORMATION section of this document. *Docket:* All documents in the docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy at the U.S. Environmental Protection Agency, Air Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is

(202)566-1744, and the telephone number for the Air Docket is

(202)566-1742. FOR FURTHER INFORMATION CONTACT: For technical information, contact Jessica Montanez, Air Quality Policy Division, U.S. EPA, Office of Air Quality Planning and Standards (C504-03), Research Triangle Park, North Carolina 27711, telephone number

(919)541-3407, facsimile number

(919)541-5509, electronic mail e-mail address: *montanez.jessica@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI.* Do not submit this information to EPA through www.regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. Send or deliver information identified as CBI only to the following address: Roberto Morales, OAQPS Document Control Officer (C404-02), U.S. EPA, Research Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-2005-0163. 2. *Tips for Preparing Your Comments.* When submitting comments, remember to: • Identify the rulemaking by docket number and other identifying information (subject heading, **Federal Register** date and page number). • Follow directions—The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(CFR)part or section number. • Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/or data that you used. • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. • Provide specific examples to illustrate your concerns, and suggest alternatives. • Explain your views as clearly as possible, avoiding the use of profanity or personal threats. • Make sure to submit your comments by the comment period deadline identified. B. Where Can I Get a Copy of This Document and Other Related Information? In addition to being available in the docket, an electronic copy of this proposal will also be available on the World Wide Web (WWW). Following signature by the EPA Administrator, a copy of this notice will be posted in the regulations and standards section of our NSR home page located at *http://www.epa.gov/nsr* . Dated: July 2, 2007. Stephen D. Page, Office of Air Quality Planning and Standards. [FR Doc. E7-13297 Filed 7-6-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 60 [EPA-HQ-OAR-2006-0699; FRL-8336-2] RIN 2060-AN71 Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry; Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Data Availability (NODA). SUMMARY: EPA is issuing this NODA in support of the proposed rule published on November 7, 2006, entitled Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry; Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries. EPA received a number of comments on the proposed rule and is in the process of evaluating those comments. This NODA addresses new data collected and analyses conducted in response to comments that EPA received concerning the impacts of the proposed monitoring provisions for open-ended lines and valves. We are seeking comment only on the impacts of the proposed monitoring provisions for open-ended lines and valves at synthetic organic chemical manufacturing sources and petroleum refineries. We do not intend to respond to new comments addressing any other aspect of the proposed rule. DATES: Comments must be received on or before August 8, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2006-0699, by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail:* *a-and-r-docket@epa.gov* . • *Fax:*

(202)566-1741. • *Mail:* EPA Docket Center (6102T), Docket ID No. EPA-HQ-OAR-2006-0699, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of two copies. In addition, please mail a copy of your comments on information collection provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attn: Desk Officer for EPA, 725 17th St., NW., Washington, DC 20503. • *Hand Delivery:* In person or by courier, deliver comments to: EPA Docket Center (6102T), EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments on the NODA to Docket ID No. EPA-HQ-OAR-2006-0699. EPA's policy is that all comments received will be included in the public docket(s) without change and may be made available online at *www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be confidential business information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov* or e-mail. The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* *Docket:* All documents in the docket are listed in the *www.regulations.gov* index. Although listed in the index, some information may not be publicly available, *e.g.* , CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material will be publicly available only in hard copy. Publicly available docket materials are available either electronically through *www.regulations.gov* or in hard copy at the EPA Docket Center, EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is

(202)566-1744, and the telephone number for the EPA Docket Center is

(202)566-1742. To expedite review of your comments by Agency staff, you are encouraged to send a separate copy of your comments, in addition to the copy you submit to the official docket, to Ms. Karen Rackley, identified in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Ms. Karen Rackley, U.S. EPA, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, Coatings and Chemicals Group (E143-01), Research Triangle Park, NC 27711; telephone number:

(919)541-0634; e-mail address: *rackley.karen@epa.gov.* SUPPLEMENTARY INFORMATION: *Submitting CBI.* Do not submit information that you consider to be CBI electronically through *www.regulations.gov* or e-mail. Send or deliver information identified as CBI only to the following address: Roberto Morales, OAQPS Document Control Officer (C404-02), U.S. EPA, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711, Attention Docket ID EPA-HQ-OAR-200-0699. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. If you have any questions about CBI or the procedures for claiming CBI, please consult the person identified in the FOR FURTHER INFORMATION CONTACT section. *Worldwide Web (WWW).* In addition to being available in the docket, an electronic copy of the proposed rule published on November 7, 2006, is available on the WWW through the Technology Transfer Network (TTN). A copy of the proposed rule is posted on the TTN's policy and guidance page for newly proposed or promulgated rules at *http://www.epa.gov/ttn/oarpg* . The TTN provides information and technology exchange in various areas of air pollution control. *Outline.* The information presented in this NODA is organized as follows: I. Background II. Proposed Amendments to Requirements for Open-Ended Lines and Valves A. What are the proposed amendments for open-ended lines and valves? B. What new information is EPA making available for review and comment? C. What additional supporting data or documentation do I need to provide with my comments? I. Background In November 2006, pursuant to Clean Air Act

(CAA)section 111(b), EPA proposed amendments to Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry (40 CFR part 60, subpart VV) and Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries (40 CFR part 60, subpart GGG). See 71 FR 65302, November 7, 2006. In developing the proposed amendments, EPA used the best available data that it had before it at the time. Detailed background information describing the proposed rulemaking can be found in the preamble to the proposed rule and in the docket in support of that rule. During the public comment period, EPA received comments that the supporting documentation in the docket did not provide estimated impacts of the proposed annual monitoring provisions for open-ended lines and valves. To address this issue, we have reviewed data collected by Agency inspectors regarding the percentage of leaking open-ended lines and valves at petroleum refineries and chemical manufacturing facilities. We also collected screening values for the leaking open-ended lines and valves at petroleum refineries. We used this information to estimate cost and emission reduction impacts for monitoring at the proposed frequency as well as at alternative monitoring frequencies. We will consider only comments, data or information related to data, and procedures used in the impacts analysis. We do not intend to respond to new comments addressing any other aspect of the proposed amendments. All the monitoring data and details of the procedures used in the impacts analysis discussed in this NODA are available at the EPA Docket Center described in the ADDRESSES section of this preamble. II. Proposed Amendments to Requirements for Open-Ended Lines and Valves *A. What are the proposed amendments for open-ended lines and valves* ? Subpart VV (and subpart GGG, which references subpart VV) currently requires open-ended lines and valves to be equipped with a cap, plug, blind flange, or a second valve. As discussed in the preamble to the proposed amendments, inspections conducted by enforcement agencies have found that many of these components are leaking due to improper installation. In order to reduce these emissions and increase compliance with the requirement to properly install the control equipment, we proposed an amendment that would require annual monitoring using Method 21 in 40 CFR part 60, appendix A. An instrument reading of 500 parts per million

(ppm)or greater would be considered a leak. As with other leaking equipment, repair would be required within 15 days after detection of the leak. Examples of repair attempts include tightening or replacing the cap, plug, blind flange, or second valve. Records of all monitoring results, each leak detected, and each repair attempted also would be required. Documentation of the total number of leaks and the number for which repair was delayed would be required in semiannual reports. *B. What new information is EPA making available for review and comment* ? We are making available open-ended line monitoring data from enforcement agencies. We are also providing estimates of emission reductions and cost impacts for the proposed annual monitoring requirement as well as for more frequent monitoring scenarios. Separate analyses were conducted for petroleum refineries and chemical manufacturing facilities. A summary of the new data and the impacts analysis is presented below. Additional information is in the docket, including the data and documents referred to in the impacts analysis. Inspectors from EPA's National Enforcement Investigations Center

(NEIC)monitored open-ended lines at 16 petroleum refineries. Instrument readings were collected from open-ended lines on an average of 3.5 process units per refinery. On average, 10 open-ended lines were found to be leaking at greater than 500 ppm per refinery (or 2.86 leaking per process unit). All of the monitored process units were subject to standards that require caps, plugs, blind flanges, or second valves for open-ended lines. The percentage of leaking open-ended lines at these refineries was not available because the NEIC inspectors monitored only a fraction of the open-ended lines in each process unit, and they did not record the total number of open-ended lines per process unit. To estimate the percentage leaking, we assumed the number leaking per process unit from the NEIC inspections represented the total number leaking for an average refinery process unit, and we divided this number by the estimated number of open-ended lines for an average process unit. Based on the impacts analysis for the proposed amendments to subparts VV and GGG, we estimated that 195 new or reconstructed refinery process units with equipment in volatile organic compound

(VOC)service would become affected sources in the next 5 years. Information on the number of open-ended lines for different types of process units at large and small refineries (see EPA-454/R-98-011) was used to estimate a total of 7,349 open-ended lines in VOC service at these 195 process units. This would mean an average refinery process unit has 37.7 open-ended lines in VOC service, and 7.6 percent (2.86/37.7) are leaking. To the best of our knowledge, the monitored open-ended lines that were found to be leaking were in gas/vapor service or light liquid service. Based on information about the type of service for valves, flanges, and pumps in refinery process units (see EPA-454/R-98-011) we estimated that 27 percent of open-ended lines in refinery process units are in heavy liquid service. The resulting estimate is that 10.4 percent (7.6/0.73) of refinery open-ended lines in gas/vapor or light liquid service are leaking. This estimate may understate the number of open-ended lines that are leaking (and the resulting emission reduction estimates) because the NEIC inspectors did not monitor all open-ended lines in each of the inspected processes, and it is unlikely that none of the unmonitored open-ended lines were leaking. For the synthetic organic chemicals manufacturing industry (SOCMI), inspectors in EPA's Region V have monitored open-ended lines at six chemical manufacturing facilities. They found between 6 and 27 percent of all open-ended lines were leaking at greater than 500 ppm. The average was 12.6 percent leaking. However, the leak concentrations for the monitored open-ended lines at SOCMI sources were unavailable. Therefore, we decided to estimate SOCMI emissions using the same leak concentrations and overall leak frequency as for refineries. Since the overall percent leaking for refineries (10.4 percent) is lower than for SOCMI sources (12.6 percent), this approach results in worst-case cost-effectiveness estimates for SOCMI sources. As described for the refinery analysis, to the best of our knowledge, these leaks occurred from open-ended lines in gas/vapor service or light liquid service. Based on information from the Additional Information Document (see EPA-450/3-82-010) we estimated that 12 percent of open-ended lines in SOCMI process units are in heavy liquid service. We then divided the percent of total open-ended lines at refineries ( *i.e.* , 7.6 percent) by 0.88 to estimate that 8.6 percent of the open-ended lines in gas/vapor service and light liquid service at SOCMI sources are leaking. To estimate the current emissions from leaking open-ended lines, we used the NEIC instrument readings in correlation equations for connectors and flanges (see Tables 2-9 and 2-10 in EPA-453/R-95-017). The equations for connectors and flanges were used because we expect that the openings through which VOC would be emitted around an improperly installed cap or plug would be more similar to the openings for connectors and flanges than an uncapped open-ended line. This procedure provided average emission rates per open-ended line (including non-leakers) for both refineries and SOCMI facilities. To estimate baseline nationwide emissions, we multiplied these average emission rates by the estimated number of open-ended lines in gas/vapor or light liquid service that will become affected facilities in the 5 years after proposal of the amendments. The estimated number of refinery and SOCMI process units, open-ended lines, and emissions in the fifth year after proposal are shown in Table 1 of this preamble. Table 1.—National Fifth Year Estimates of the Number of Petroleum Refinery and SOCMI Process Units, Number of Open-Ended Lines, and Baseline Emissions Type of source Total number of process units Total number of open-ended lines Number of open-ended lines in gas/vapor or light liquid service Current Emissions kg/hr/OEL Nationwide Mg/yr Refinery 195 7,350 5,370 0.00047 22 SOCMI 191 24,300 21,400 0.0028 520 The amount of emission reduction associated with monitoring will be a function of the monitoring frequency, how often the cap or plug on the open-ended line is opened, and the subsequent leak frequency for opened open-ended lines. In addition to the proposed annual monitoring frequency, the analysis also estimates impacts for semiannual, quarterly, and monthly monitoring. The opening frequency depends on the purpose of the open-ended line. Available data indicate that open-ended lines that are used for sampling represent about 20 percent of all open-ended lines at refineries. These open-ended lines are likely opened more frequently than open-ended lines that serve other functions. For this analysis, we assumed that these open-ended lines are opened once per month. Other open-ended lines that are used for purging, venting, and draining are likely opened much less frequently than open-ended lines that are part of sampling connection systems. Some may be opened only when the process unit is being shut down. For this analysis we assumed that the 80 percent of open-ended lines used for these purposes are evenly distributed among those that are opened quarterly, semiannually, and annually because data from refineries or SOCMI sources are unavailable. We also assumed the 20/80 split applies to SOCMI sources as well as refineries. The subsequent leak frequency is due primarily to the care and technique of the operator installing the cap or other control equipment. Properly installed, there should be no leak. For this analysis, we assumed that operators would continue to install caps and other control equipment in the same manner that they currently use. This means that for any open-ended lines that are opened between monitoring events, we would expect the subsequent leak frequency to equal the baseline leak frequency, regardless of the amount of time since the previous monitoring event or the monitoring frequency. The impact of these assumptions on the percentage emission reductions for each of the different opening frequencies and monitoring intervals is described in the analysis. The estimated overall percent reductions and total mass reductions for each of the four monitoring scenarios in the fifth year after proposal of the amendments are shown in Tables 2 and 3 of this preamble for petroleum refineries and SOCMI sources, respectively. The cost impacts analysis includes estimated initial costs and annual costs. The initial costs include costs for identifying and integrating open-ended lines into the monitoring program, initial monitoring, and repair of initial leakers. Annual costs include capital recovery for initial costs, periodic monitoring costs, costs to repair leaking equipment, and additional time to prepare semiannual reports. Unit costs for initial setup and monitoring and annual monitoring were assumed to be the same as for other types of equipment. These costs were estimated only for open-ended lines in gas/vapor or light liquid service because, as noted above, essentially all of the leaking open-ended lines are likely in these services. Repair costs were estimated assuming all of the leaks can be repaired online in an average of 10 minutes by relatively simple techniques such as tightening the valve, replacing a worn plug, or reinstalling a cap properly. Labor rates and overhead factors were assumed to be the same as in the earlier analysis of impacts for the proposed changes in the leak definitions for pumps and valves. One hour was added to the time to prepare each semiannual report. We expect that the additional reporting burden will be minimal because only the total number of leaks and the number for which repair is delayed would have to be reported. The impacts analysis also includes a recovery credit for the material that is not emitted. As in the earlier impacts analysis, these credits are $600/megagrams

(Mg)for emission reductions at petroleum refineries and $900/Mg for emission reductions at SOCMI facilities. The estimated initial costs, total annual costs, and cost-effectiveness of each option are shown in Tables 2 and 3 of this preamble for refinery and SOCMI process units, respectively. Note that the recovery credit for two of the four scenarios in the SOCMI analysis exceeds the total annual cost, but it does not in the refinery analysis. This difference in the results is due primarily to the difference in the correlation equations for the two industries. For a given screening value, the equation for SOCMI facilities estimates much higher emissions than the equation for refineries. Table 2.—National Fifth Year Impacts of Monitoring Options for Open-Ended Lines in Refinery Process Units Monitoring frequency Emission Reductions Percent Mg/yr Initial costs (1000 $) Total Annual Costs (1000 $/yr) Without recovery credit With recovery credit Cost-Effectiveness ($/Mg) Overall Incremental Annually 24 5.3 102 37 34 6,500 Semiannually 42 9.1 102 51 46 5,000 3,000 Quarterly 60 13 102 75 67 5,100 5,200 Monthly 82 18 102 150 140 7,800 15,000 Table 3.—National Fifth Year Impacts of Monitoring Options for Open-Ended Lines in SOCMI Process Units Monitoring frequency Emission Reductions Percent Mg/yr Initial costs (1000 $) Total Annual Costs (1000 $/yr) Without recovery credit With recovery credit Cost-Effectiveness ($/Mg) Overall Incremental Annually 24 120 400 120 11 87 Semiannually 42 220 400 170

(340)Quarterly 60 310 400 260

(57)25 Monthly 82 430 400 560 180 420 1,700 C. What additional supporting data or documentation do I need to provide with my comments? The EPA is soliciting comment on the new monitoring data and on all aspects of the procedures and assumptions used in the impacts analysis. We are specifically requesting data and comment on the following items: • Additional monitoring data for open-ended lines, particularly any data that show open-ended lines in heavy liquid service that have been found to leak at greater than 500 ppm. • Data on the percentage of open-ended lines in heavy liquid service. • The appropriateness of using correlation equations for connectors and flanges to estimate emissions from improperly capped and plugged open-ended lines. • Data on how often open-ended lines in different applications are opened. • A description of the types of activities needed to repair leaking open-ended lines, and estimates of the time needed to perform such repairs. Timely comments on these subjects will be taken into account in developing the final impacts analysis and in EPA's final action on the proposed amendments. List of Subjects for 40 CFR Part 63 Environmental protection, Air pollution control, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: June 27, 2007. Stephen D. Page, Director, Office of Air Quality Planning and Standards. [FR Doc. E7-13203 Filed 7-6-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 131 [EPA-HQ-OW-2007-0467; FRL-8337-1] RIN NA2040 Withdrawal of Federal Marine Aquatic Life Water Quality Criteria for Toxic Pollutants Applicable to Washington State AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to amend the Federal regulations to withdraw its 1992 federally promulgated marine copper and cyanide chronic aquatic life water quality criteria for Washington State, thereby enabling Washington to implement its current EPA-approved chronic numeric criteria for copper and cyanide that cover all marine waters of the State. In 1992, EPA promulgated Federal regulations establishing water quality criteria for priority toxic pollutants for 12 States, including Washington, and two Territories that had not fully complied with the Clean Water Act (CWA). These regulations are known as the “National Toxics Rule” or “NTR”. On November 18, 1997, Washington adopted revised chronic marine aquatic life criteria for copper and cyanide, the only two marine aquatic life priority toxic pollutants in the NTR applicable to Washington. These revisions included a chronic marine aquatic life water quality criterion for copper for all marine waters and a chronic site-specific cyanide criterion for the Puget Sound. EPA approved these criteria on February 6, 1998. On August 1, 2003, Washington adopted revisions to its water quality standards, including a chronic marine criterion for cyanide for all marine waters except the Puget Sound. EPA approved this criterion on May 23, 2007. Since Washington now has marine copper and cyanide chronic aquatic life criteria effective under the CWA that EPA has approved as protective of Washington's designated uses, EPA is proposing to amend the NTR to withdraw the federally promulgated criteria. DATES: Written comments must be received by August 8, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-2007-0467, by one of the following methods: • *www.regulations.gov:* Follow the on-line instructions for submitting comments. • E-mail: *ow-docket@epa.gov.* • Mail to either: Water Docket, USEPA, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460 or Docket Manager, Washington Marine Aquatic Life NTR Removal, U.S. EPA, Region 10, 1200 Sixth Avenue, Seattle, WA 98101, Attention Docket ID No. EPA-HQ-OW-2007-0467. • Hand Delivery: EPA Docket Center, EPA West Room 3334, 1301 Constitution Ave., NW., Washington, DC, 20004 or Becky Lindgren, Washington Marine Aquatic Life NTR Removal, U.S. EPA, Region 10, OWW-131, 1200 Sixth Avenue, Seattle, WA 98101, Attention Docket ID No. EPA-HQ-OW-2007-0467. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-OW-2007-0467. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov* or e-mail. The *www.regulations.gov* website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* . *Docket:* All documents in the docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy at two Docket Facilities. The OW Docket Center is open from 8:30 a.m. until 4:30 p.m., Monday through Friday, excluding legal holidays. The Docket telephone number is

(202)566-2426 and the Docket address is OW Docket, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC, 20004. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is

(202)566-1744. Publicly available docket materials are also available in hard copy at the U.S. EPA Region 10 address. Docket materials can be accessed from 9 a.m. until 3 p.m., Monday through Friday, excluding legal holidays. The telephone number is

(206)553-0775. FOR FURTHER INFORMATION CONTACT: Becky Lindgren, U.S. EPA, Region 10, 1200 Sixth Avenue, Seattle, WA 98101 (telephone: 206-553-1774 or e-mail: *lindgren.becky@epa.gov* ) or Claudia Fabiano, U.S. EPA Headquarters, Office of Science and Technology, 1200 Pennsylvania Avenue, NW., Mail Code 4305T, Washington, DC 20460 (telephone: 202-566-0446 or e-mail: *fabiano.claudia#epa.gov* ). SUPPLEMENTARY INFORMATION: This action concern's EPA's withdrawal of Federal marine copper and cyanide chronic aquatic life water quality criteria applicable to Washington State from 40 CFR 131.36 (the National Toxics Rule) (57 FR 60848). For further information, including the rationale, regulatory text, and various statutes and executive orders that require findings for rulemakings, please see the information provided in the direct final rule titled, “Withdrawal of Federal Marine Aquatic Life Water Quality Criteria for Toxic Pollutants Applicable to Washington” located in the “Rules and Regulations” section of this **Federal Register** Publication. List of Subjects in 40 CFR Part 131 Environmental protection, Indians-lands, Intergovernmental relations, Reporting and Recordkeeping requirements, Water pollution control. Dated: July 2, 2007. Stephen L. Johnson, Administrator. [FR Doc. E7-13206 Filed 7-6-07; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7723] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule. SUMMARY: Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations

(BFEs)and proposed BFEs modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The comment period is ninety

(90)days following the second publication of this proposed rule in a newspaper of local circulation in each community. ADDRESSES: The proposed BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency

(FEMA)proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. *National Environmental Policy Act.* This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Regulatory Classification.* This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This proposed rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This proposed rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: Flooding source(s) Location of referenced elevation * Elevation in feet (NGVD). + Elevation in feet (NAVD). # Depth in feet above ground. Effective Modified Communities affected Bay County, Florida, and Incorporated Areas Bayou George Approximately 800 feet upstream of the confluence with White Bucky Branch +16 +17 Bay County (Unincorporated Areas), City of Panama City. Approximately 1.2 miles upstream of Crash Island Drive None +60 Buckhorn Creek At the confluence with Econfina Creek None +148 Bay County (Unincorporated Areas). Approximately 1,800 feet upstream of the confluence with Econfina Creek None +148 Econfina Creek At the confluence with Deer Point Lake None +6 Bay County (Unincorporated Areas). Approximately 0.7 mile upstream of State Road 20 None +28 At Atlanta and St. Andrews Bay Railroad None +147 Approximately 1,700 feet upstream of U.S. Highway 231 None +150 Green Creek At the confluence with Bear Creek None +141 Bay County (Unincorporated Areas). Approximately 880 feet upstream of Gardenia Street None +174 Juniper Creek At U.S. Highway 231 None +158 Bay County (Unincorporated Areas). Approximately 1.1 miles upstream of U.S. Highway 231 None +172 Laird Street Outfall At Lagoon Drive None +8 Bay County (Unincorporated Areas), City of Panama City Beach. Just south of West Panama City Beach Parkway None +16 Robinsons Bayou Approximately 900 feet upstream of Frankford Avenue +7 +10 Bay County (Unincorporated Areas), City of Panama City. Approximately 400 feet south of the intersection of Jenks Avenue and 15th Street None +33 Unnamed Tributary 1 to Bear Creek Approximately 860 feet upstream of the confluence with Bear Creek None +124 Bay County (Unincorporated Areas). Approximately 2,800 feet upstream of Pine Ridge Road None +154 Unnamed Tributary 2 to Bear Creek At the confluence with Unnamed Tributary 1 to Bear Creek None +135 Bay County (Unincorporated Areas). Approximately 1,350 feet upstream of the confluence with Unnamed Tributary 1 to Bear Creek None +141 Unnamed Tributary to Econfina Creek At the confluence with Econfina Creek None +150 Bay County (Unincorporated Areas). Approximately 740 feet upstream of the confluence with Econfina Creek None +161 Watson Bayou Immediately upstream of 11th Street +8 +10 Bay County (Unincorporated Areas), City of Panama City, Town of Cedar Grove. Approximately 2,000 feet west of the intersection of Mercedes Avenue and 24th Plaza None +36 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Panama City Maps are available for inspection at Panama City Engineering Department, 9 Harrison Avenue, Panama City, FL. Send comments to Mr. Kenneth R. Hammons, Panama City City Manager, 9 Harrison Avenue, Panama City, FL 32401-2724. City of Panama City Beach Maps are available for inspection at Panama City Beach Building Department, 110 South Arnold Road, Panama City Beach, FL. Send comments to The Honorable Gayle Oberst, Mayor of the City of Panama City Beach, 110 South Arnold Road, Panama City Beach, FL 32413. Town of Cedar Grove Maps are available for inspection at Cedar Grove Town Hall, 2728 East 14th Street, Cedar Grove, FL. Send comments to Mr. Jim Anderson, Cedar Grove Town Manager, 2728 East 14th Street, Cedar Grove, FL 32401. Bay County (Unincorporated Areas) Maps are available for inspection at Bay County Planning and Zoning Department, 640 Molberry Avenue, Panama City, FL. Send comments to Mr. Mike Nelson, Chairman of the Bay County Board of County Commissioners, 310 West 6th Street, Panama City, FL 32401. Floyd County, Iowa, and Incorporated Areas Hyers Creek At Riverside Avenue *1006 +1006 Floyd County (Unincorporated Areas), City of Charles City. Approximately 3,800 feet upstream of Cleveland Street None +1035 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Charles City Maps are available for inspection at City Hall, 105 Milwaukee Mall, Charles City, IA 50616. Send comments to The Honorable Jim Erb, Mayor, City of Charles City, 105 Milwaukee Mall, Charles City, IA 50616. Floyd County (Unincorporated Areas) Maps are available for inspection at Floyd County Planning and Zoning, 101 South East 1st, Charles City, IA 50616. Send comments to The Honorable Leo Staudt, Chairman, Board of Supervisors, Floyd County Courthouse, 101 South Main Street, Charles City, IA 50616. Lyon County, Kansas, and Incorporated Areas Beaver Creek At confluence with Cottonwood River None +1135 Lyon County (Unincorporated Areas). Just upstream of Road 200 None +1209 Cottonwood River Just upstream of Interstate 35 None +1123 Lyon County (Unincorporated Areas). At the County Boundary with Chase County None +1144 East Tributary to Beaver Creek At confluence with Beaver Creek None +1142 Lyon County (Unincorporated Areas). Approximately 1250 feet upstream of Pond Embankment None +1218 East Tributary to Cottonwood River Just upstream of Interstate 35 None +1123 Lyon County (Unincorporated Areas), City of Emporia. Approximately 3000 feet upstream of Road 180 None +1150 Linck Creek At confluence with Cottonwood River None +1128 Lyon County (Unincorporated Areas). Approximately 3000 feet upstream of Road 200 None +1205 Ludy Creek At confluence with Link Creek None +1129 Lyon County (Unincorporated Areas). Just downstream of Road 190 None +1173 Moon Creek At confluence with Cottonwood River None +1125 Lyon County (Unincorporated Areas), City of Emporia. Approximately 1750 feet Northwest of intersection of Road E and Road 200 None +1200 West Tributary to Beaver Creek At confluence with Beaver Creek None +1155 Lyon County (Unincorporated Areas). At County Boundary with Chase County None +1187 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Emporia Maps are available for inspection at 104 E. 5th Avenue, Emporia, KS 66801. Send comments to The Honorable Jim Kessler, Mayor, City of Emporia, P.O. Box 928, 522 Mechanic, Emporia, KS 66801. Lyon County (Unincorporated Areas) Maps are available for inspection at 430 Commercial Street, Room 205, Lyon Co. Courthouse, Emporia, KS 66801. Send comments to The Honorable Marshall Miller, Chairman, Board of Co. Commissioners, 430 Commercial Street, Lyon Co. Courthouse, Emporia, KS 66801. Huron County, Michigan, and Incorporated Areas Lake Huron Entire Shoreline None +583 City of Harbor Beach Port Hope, Township of Gore, Township of Huron, Township of Rubicon, Township of Sand Beach, Township of Sherman, Village of Port Austin. Entire Shoreline None +583 City of Harbor Beach, Port Hope, Township of Gore, Township of Huron, Township of Rubicon, Township of Sand Beach, Township of Sherman, Village of Port Austin. Saginaw Bay Entire shoreline along the Township of Caseville +583 +584 Township of Caseville, Village of Caseville. Entire shoreline along the Township of Hume None +584 Township of Hume. Entire shoreline along the Township of Lake +583 +584 Township of Lake. Entire shoreline along the Township of McKinley None +584 Township of McKinley. Entire shoreline along the Township of Fairhaven None +585 Township of Fairhaven. Entire shoreline along the Township of Fairhaven None +585 Township of Fairhaven. Entire shoreline along the Township of Sebewaing +584 +585 Township of Sebewaing. Saginaw Bay Entire shoreline along the Township of Port Austin None +583 Village of Port Austin, Township of Pointe Aux Barques. Sebewaing River/State Drain At the confluence with Saginaw Bay +584 +585 Township of Sebewaing. At Bay Street None +593 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Harbor Beach Maps are available for inspection at 766 State Street, Harbor Beach, MI 48441. Send comments to The Honorable Robert J. Swartz, Mayor of Harbor Beach, 766 State Street, Harbor Beach, MI 48441. Port Hope Maps are available for inspection at 4250 Lakeshore Drive, Port Hope, MI 48468. Send comments to The Honorable Gary Schave, Village President, 4250 Lakeshore Drive, Port Hope, MI 48468. Township of Caseville Maps are available for inspection at 6767 Main Street, Caseville, MI 48725. Send comments to Larry Degg, Supervisor, Township of Caseville, 6767 Main Street, Caseville, MI 48725. Township of Fairhaven Maps are available for inspection at 9811 Main Street, Bay Port, MI 48759. Send comments to Mr. Orin J. Englehardt, Township Supervisor, 9546 Kilmanagh Road, Sebewaing, MI 48759. Township of Gore Maps are available for inspection at 6980 Moeller Road, Port Hope, MI 48468. Send comments to Daniel Koglin, Supervisor, Township of Gore, 6819 E. Kinde Road, Port Hope, MI 48468. Township of Hume Maps are available for inspection at 1918 Oak Beach Road, Port Austin, MI 48467. Send comments to John C. Hollister, Supervisor, Township of Hume, 2475 Port Austin Road, Port Austin, MI 48467. Township of Huron Maps are available for inspection at 5150 Kaufman Road, Port Hope, MI 48468. Send comments to Evan Steinbis, Supervisor, Township of Huron, 5150 Kaufman Road, Port Hope, MI 48468. Township of Lake Maps are available for inspection at 6064 Dufty Road, Caseville, MI 48725. Send comments to Clay Kelterborn, Supervisor, Township of Lake, 4988 W. Kinde Road, P.O. Box 429, Caseville, MI 48725. Township of McKinley Maps are available for inspection at 2701 Sturm Road, Pigeon, MI 48755. Send comments to Jerry Beyer, Supervisor, Township of McKinley, 7755 Campbell Road, Bay Port, MI 48720. Township of Pointe Aux Barques Maps are available for inspection at 9219 Linwood Road, Port Austin, MI 48467. Send comments to Mr. Clayton C. Purdy, 1840 Cliff Road, Port Austin, MI 48467. Township of Rubicon Maps are available for inspection at 3195 N. Lakeshore Road, Port Hope, MI 48468. Send comments to Robert Oeschger, Supervisor, Township of Rubicon, 3840 Ruppel Road, Port Hope, MI 48468. Township of Sand Beach Maps are available for inspection at 8665 Lincoln Road, Harbor Beach, MI 48441. Send comments to Wade Mazure, Supervisor, Township of Sand Beach, 6573 Learman Road, Harbor Beach, MI 48441. Township of Sebewaing Maps are available for inspection at 108 W. Main, Sebewaing, MI 48759. Send comments to Patrice Gettel-Lindow, President, Village of Sebewaing, 108 W. Main, Sebewaing, MI 48759. Township of Sherman Maps are available for inspection at 4599 S. Ruth Road, Ruth, MI 48470. Send comments to Leo J. Emming, Supervisor, Township of Sherman, 4484 N. Ruth Road, Ruth, MI 48470. Village of Caseville Maps are available for inspection at 6767 Main Street, Caseville, MI 48725. Send comments to Clyde D. Campbell, President, Village of Caseville, 6729 Ash Street, Caseville, MI 48725. Village of Port Austin Maps are available for inspection at 17 W. State Street, Port Austin, MI 48467. Send comments to Marilyn Bruce, President, Village of Port Village of Ubly Maps are available for inspection at 2241 Pierce Street, Ubly, MI 48475. Send comments to Dennis West, President, Village of Ubly, 2241 Pierce Street Austin, 17 W. State Street, Port Austin, MI 48467., Ubly, MI 48475. Anson County, North Carolina, and Incorporated Areas Bailey Creek At the confluence with North Fork Jones Creek None +257 Anson County (Unincorporated Areas). At the confluence of Brush Fork and Ready Fork None +282 Bell Creek At the confluence with Deadfall Creek None +283 Anson County (Unincorporated Areas). Approximately 1.0 mile upstream of Little Huntley Road (State Road 1217) None +308 Big Branch At the confluence with Lanes Creek None +333 Anson County (Unincorporated Areas). Approximately 1,450 feet upstream of Birmingham Road (State Road 1436) None +343 North At the confluence with Cribs Creek None +256 Anson County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Cribs Creek None +271 Black Jack Branch At the confluence with Brown Creek None +291 Anson County (Unincorporated Areas). Approximately 1.2 miles upstream of Lower White Store Road (State Road 1252) None +320 Blackwell Branch Approximately 1,000 feet upstream of the confluence with Lanes Creek None +365 Anson County (Unincorporated Areas). At the confluence of Caudle Branch and Maness Branch None +424 Boles Creek At the confluence with Deadfall Creek None +293 Anson County (Unincorporated Areas). Approximately 550 feet downstream of Little Huntley Road (State Road 1217) None +301 Brown Creek At the confluence with Pee Dee River None +213 Anson County (Unincorporated Areas), Town of Polkton. Approximately 0.9 mile upstream of Okey High Road (State Road 1229) None +335 Tributary 1 At the confluence with Brown Creek None +251 Anson County (Unincorporated Areas), Town of Polkton. Approximately 1,450 feet upstream of Barrass Street None +310 Tributary 2 At the confluence with Brown Creek None +255 Town of Polkton. Approximately 480 feet upstream of East Freemont Street None +313 Tributary 3 At the confluence with Brown Creek None +296 Anson County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with Brown Creek None +309 Tributary 4 At the confluence with Brown Creek None +303 Anson County (Unincorporated Areas). Approximately 1.0 mile upstream of the confluence of Brown Creek Tributary 4A None +329 Tributary 4A At the confluence with Brown Creek Tributary 4 None +311 Anson County (Unincorporated Areas). Approximately 1.0 mile upstream of the confluence with Brown Creek Tributary 4 None +334 Brush Fork At the confluence with Bailey Creek and Reedy Fork None +282 Anson County (Unincorporated Areas), Town of Wadesboro. Approximately 360 feet downstream of South Park Road None +361 Tributary 1 At the confluence with Brush Fork None +315 Town of Wadesboro. Approximately 0.5 mile upstream of East Caswell Street None +344 Tributary 2 At the confluence with Brush Fork None +324 Town of Wadesboro. Approximately 80 feet downstream of US 52 Highway South None +351 Tributary 3 At the confluence with Brush Fork None +328 Town of Wadesboro. Approximately 1,820 feet upstream of Wortham Street None +341 Buffalo Creek At the confluence with Pee Dee River None +217 Anson County (Unincorporated Areas). Approximately 430 feet upstream of Railroad None +259 South At the confluence with Pee Dee River None +189 Anson County (Unincorporated Areas). Approximately 650 feet downstream of Clark Mountain Road (State Road 1744) None +216 Tributary 1 At the confluence with Buffalo Creek None +218 Anson County (Unincorporated Areas). Approximately 610 feet upstream of Pinkston River Road (State Road 1627) None +220 Cabin Branch At the confluence with Brown Creek None +229 Anson County (Unincorporated Areas). Approximately 1,060 feet upstream of Jacks Branch Road (State Road 1637) None +249 Camp Branch At the confluence with Rocky River None +220 Anson County (Unincorporated Areas). Approximately 780 feet upstream of Railroad None +267 Tributary 1 At the confluence with Camp Branch None +220 Anson County (Unincorporated Areas). Approximately 1,540 feet downstream of US 52 Highway North None +238 Canal Branch At the confluence with Palmetto Branch None +217 Anson County (Unincorporated Areas). Approximately 80 feet upstream of Threadgill Street None +310 Canebreak Branch At the confluence with Lanes Creek None +332 Anson County (Unincorporated Areas). Approximately 530 feet upstream of Johnson Road (State Road 1435) None +342 Caudle Branch At the confluence with Blackwell Branch and Maness None +424 Anson County (Unincorporated Areas). Approximately 1,000 feet upstream of Stegall Road (State Road 1407) None +430 Cedar Branch At the confluence with Lanes Creek None +330 Anson County (Unincorporated Areas). Approximately 800 feet upstream of Bill Curlee Road (State Road 1415) None +337 Cedar Creek At the confluence with Pee Dee River None +210 Anson County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence of Cedar Creek Tributary 7 None +323 Tributary 1 At the confluence with Cedar Creek None +210 Anson County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Cedar Creek None +221 Tributary 2 At the confluence with Cedar Creek None +210 Anson County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Cedar Creek None +221 Tributary 3 At the confluence with Cedar Creek None +212 Anson County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with Cedar Creek None +231 Tributary 4 At the confluence with Cedar Creek None +251 Anson County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Cedar Creek None +261 Tributary 5 At the confluence with Cedar Creek None +278 Anson County (Unincorporated Areas). Approximately 680 feet upstream of Doc Wyatt Road None +286 Tributary 6 At the confluence with Cedar Creek None +279 Anson County (Unincorporated Areas). Approximately 0.8 mile upstream of Cox Road None +310 Tributary 7 At the confluence with Cedar Creek None +292 Anson County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Cedar Creek None +310 Clay Creek Tributary At the North Carolina/South Carolina State boundary None +337 Anson County (Unincorporated Areas). Approximately 0.4 mile upstream of the North Carolina/South Carolina State boundary None +341 Cranes Branch At the confluence with Brown Creek None +240 Anson County (Unincorporated Areas). Approximately 0.6 mile upstream of Cameron Briley Road (State Road 1429) None +261 Cribs Creek At the confluence with Rocky River None +256 Anson County (Unincorporated Areas). Approximately 0.7 mile upstream of NC 742 Highway North None +383 Culpepper Creek At the confluence with Goulds Fork None +271 Anson County (Unincorporated Areas), Town of Wadesboro. Approximately 1.4 miles upstream of Avery Road None +307 Deadfall Creek At the confluence of Thompson Creek None +244 Anson County (Unincorporated Areas). Approximately 660 feet downstream of Long Pine Church Road (State Road 1220) None +301 Derita Creek At the confluence with Brush Fork None +314 Anson County (Unincorporated Areas), Town of Wadesboro. Approximately 1,460 feet upstream of Railroad None +355 Flat Fork At the confluence with Brown Creek None +213 Anson County (Unincorporated Areas). Approximately 1.5 miles upstream of the confluence with Flat Fork Tributary 1 None +253 Tributary 1 At the confluence with Flat Fork None +230 Anson County (Unincorporated Areas). Approximately 2.2 miles upstream of the confluence with Flat Fork None +287 Goulds Fork At the confluence with Brown Creek None +222 Anson County (Unincorporated Areas), Town of Wadesboro. Approximately 0.9 mile upstream of White Store Road (State Road 1205) None +330 Tributary 1 At the confluence with Goulds Fork None +245 Anson County (Unincorporated Areas). Approximately 0.5 mile downstream of NC 742 Highway North None +279 Tributary 2 At the confluence with Goulds Fork None +269 Anson County (Unincorporated Areas), Town of Wadesboro. Approximately 0.5 mile upstream of Avery Road None +286 Grindstone Branch At the confluence with Goulds Fork None +237 Anson County (Unincorporated Areas), Town of Wadesboro. Approximately 0.7 mile upstream of Powe Street (State Road 1655) None +290 Tributary 1 At the confluence with Grindstone Branch None +272 Anson County (Unincorporated Areas). Approximately 1,820 feet upstream of Airport Road (State Road 1645) None +304 Hale Creek At the confluence with Jones Creek None +192 Anson County (Unincorporated Areas). Approximately 1,690 feet downstream of Knotts Road (State Road 1807) None +260 Tributary 1 At the confluence with Hale Creek None +213 Anson County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Hale Creek None +231 Tributary 2 At the confluence with Hale Creek None +233 Anson County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Hale Creek None +248 Hurricane Creek At the confluence with Brown Creek None +213 Anson County (Unincorporated Areas). Approximately 1.3 miles upstream of Dennis Road (State Road 1649) None +233 Island Creek At the confluence with Pee Dee River None +139 Anson County (Unincorporated Areas). Approximately 1.0 mile upstream of NC Highway 145 None +225 Tributary 1 At the confluence with Island Creek None +139 Anson County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Island Creek None +162 Jacks Branch (into Brown Creek) At the confluence with Brown Creek None +224 Anson County (Unincorporated Areas). Approximately 700 feet upstream of Mount Vernon Road (State Road 1638) None +250 Jenkins Branch At the confluence with Pee Dee River None +190 Anson County (Unincorporated Areas). Approximately 1.6 miles upstream of the confluence with Pee Dee River None +216 Jones Creek At the confluence with Pee Dee River None +128 Anson County (Unincorporated Areas). At the confluence of North Fork Jones Creek and South Fork Jones Creek None +230 Tributary 1 At the confluence with Jones Creek None +129 Anson County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with Jones Creek None +150 Kelly Branch At the confluence with Brown Creek None +270 Anson County (Unincorporated Areas). Approximately 0.6 mile upstream of Lower White Store Road (State Road 1252) None +302 Lacey Branch At German Hill Road (State Road 1404) None +377 Anson County (Unincorporated Areas). Approximately 200 feet upstream of Pulpwood Yard Road (State Road 1401) None +446 Lampley Branch At the confluence with North Fork Jones Creek None +285 Anson County (Unincorporated Areas), Town of Wadesboro. Approximately 0.9 mile upstream of Burns Street (State Road 1401) None +429 Lanes Creek At the confluence with Rocky River None +248 Anson County (Unincorporated Areas), Town of Peachland. Approximately 0.4 mile upstream of confluence of Beaverdam Creek None +416 Tributary 1 At the confluence with Lanes Creek None +248 Anson County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Lanes Creek None +249 Tributary 2 At the confluence with Lanes Creek None +248 Anson County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Lanes Creek None +275 Tributary 3 At the confluence with Lanes Creek None +256 Anson County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Lanes Creek None +264 Tributary 4 At the confluence with Lanes Creek None +315 Anson County (Unincorporated Areas). Approximately 1,880 feet upstream of the confluence with Lanes Creek None +328 Tributary 5 At the confluence with Lanes Creek None +340 Anson County (Unincorporated Areas). Approximately 1,400 feet upstream of the confluence with Lanes Creek None +354 Ledbetter Branch At the confluence with Brown Creek None +255 Anson County (Unincorporated Areas), Town of Polkton. Approximately 510 feet upstream of West Polk Street (State Road 1121) None +298 Tributary 1 At the confluence with Ledbetter Branch None +284 Town of Polkton. Approximately 570 feet upstream of West Polk Street (State Road 1121) None +309 Leggett Branch At the confluence with Little Brown Creek None +308 Anson County (Unincorporated Areas). Approximately 860 feet upstream of White Store Road (State Road 1121) None +335 Lick Creek At the confluence with Brown Creek None +271 Anson County (Unincorporated Areas). Approximately 0.4 mile upstream of Lowery Road (State Road 1244) None +314 Little Brown Creek At the confluence with Brown Creek None +251 Anson County (Unincorporated Areas), Town of Polkton. Approximately 340 feet downstream of White Store Road (State Road 1228) None +330 Little Creek At the confluence with Pee Dee River None +129 Anson County (Unincorporated Areas). Approximately 100 feet downstream of Pit Road (State Road 1801) None +165 North At the confluence with Rocky River None +246 Anson County (Unincorporated Areas). Approximately 400 feet upstream of Little Creek Road (State Road 1619) None +284 Tributary 1 At the confluence with Little Creek None +130 Anson County (Unincorporated Areas). Approximately 1.1 miles upstream of the confluence with Little Creek None +163 Little Cribs Creek At the confluence with Cribs Creek None +323 Anson County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Cribs Creek None +337 Maness Branch At the confluence with Caudle Branch and Blackwell Branch None +424 Anson County (Unincorporated Areas). Approximately 0.3 mile upstream of Old Plank Road (State Road 1421) None +440 McCoy Creek At the confluence with Pee Dee River None +149 Anson County (Unincorporated Areas). Approximately 650 feet downstream of Blewett Falls Road (State Road 1745) None +180 Mill Creek At the confluence with Pee Dee River None +123 Anson County (Unincorporated Areas). Approximately 0.6 mile upstream of US Highway 52 None +253 Tributary 1 At the confluence with Mill Creek None +241 Anson County (Unincorporated Areas), Town of Morven. Approximately 230 feet upstream of South White Oak Street None +364 North Fork At the confluence with Lampley Branch None +386 Town of Wadesboro. Approximately 550 feet downstream of NC 109 Highway South None +411 Jones Creek At the confluence with Jones Creek and South Fork Jones Creek None +230 Anson County (Unincorporated Areas). Approximately 0.4 mile upstream of NC 742 Highway South None +323 Tributary 1 At the confluence with North Fork Jones Creek None +296 Anson County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with North Fork Jones Creek None +360 Smith Creek At the confluence with Smith Creek None +189 Anson County (Unincorporated Areas). Approximately 0.4 mile upstream of Dr. Sorrell Road (State Road 1741) None +214 Palmetto Branch At the confluence with Brown Creek None +216 Anson County (Unincorporated Areas). Approximately 0.5 mile upstream of Railroad None +248 Pee Dee River Just downstream of the confluence with Whortenberry Creek None +109 Anson County (Unincorporated Areas). At the confluence with Rocky River None +220 Tributary 1 At the confluence with Pee Dee River None +134 Anson County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Pee Dee River None +147 Tributary 2 At the confluence with Pee Dee River None +146 Anson County (Unincorporated Areas). Approximately 1.0 mile upstream of the confluence with Pee Dee River None +171 Tributary 3 At the confluence with Pee Dee River None +194 Anson County (Unincorporated Areas). Approximately 2.8 miles upstream of the confluence with Pee Dee River None +223 Tributary 4 At the confluence with Pee Dee River None +201 Anson County (Unincorporated Areas). Approximately 200 feet downstream of Stanback Ferry Road (State Road 1703) None +213 Pinch Gut Creek At the confluence with Brown Creek None +245 Anson County (Unincorporated Areas). Approximately 1.0 mile upstream of the confluence of Pinch Gut Creek Tributary 2 None +293 Tributary 1 At the confluence with Pinch Gut Creek None +245 Anson County (Unincorporated Areas). Approximately 1.0 mile upstream of the confluence with Pinch Gut Creek None +257 Tributary 2 At the confluence with Pinch Gut Creek None +270 Anson County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Pinch Gut Creek None +281 Pressley Creek At the confluence with Pee Dee River None +217 Anson County (Unincorporated Areas). Approximately 1.450 feet upstream of Pinkston River Road (State Road 1627) None +223 Tributary 1 At the confluence with Pressley Creek None +217 Anson County (Unincorporated Areas). Approximately 570 feet upstream of Pinkston River Road (State Road 1627) None +224 Reeder Branch At the confluence with Pee Dee River None +190 Anson County (Unincorporated Areas). Approximately 1.7 miles upstream of the confluence with Pee Dee River None +220 Reedy Fork At the confluence with Bailey Creek and Brush Fork None +282 Anson County (Unincorporated Areas). Approximately 0.4 mile upstream of West Wall Street (State Road 1730) None +317 Rhoddy Creek At the confluence with Deadfall Creek None +247 Anson County (Unincorporated Areas). Approximately 1.0 mile upstream of the confluence with Deadfall Creek None +270 Richardson Creek At the confluence with Rocky River None +259 Anson County (Unincorporated Areas). Approximately 0.5 miles upstream of Blonnie Ross Road (State Road 1459) None +295 Rocky Branch At the confluence with Lanes Creek None +346 Anson County (Unincorporated Areas). Approximately 1,440 feet upstream of the confluence with Lanes Creek None +357 Rocky River At the confluence with Pee Dee River None +220 Anson County (Unincorporated Areas). At the Anson/Union County boundary None +302 Tributary 13 At the confluence with Rocky River None +250 Anson County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Rocky River None +277 Tributary 2 At the confluence with Rocky River None +235 Anson County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Rocky River None +237 Savannah Branch At the North Carolina/South Carolina State boundary None +331 Anson County (Unincorporated Areas). Approximately 0.4 mile upstream of the North Carolina/South Carolina State boundary None +336 Savannah Creek At the confluence with Pee Dee River None +195 Anson County (Unincorporated Areas). Approximately 1.6 miles upstream of Mills Peach Orchard Road (State Road 1742) None +293 Tributary 1 At the confluence with Savannah Creek None +208 Anson County (Unincorporated Areas). Approximately 1,690 feet upstream of the confluence of Savannah Creek Tributary 1A None +217 Tributary 1A At the confluence with Savannah Creek Tributary 1 None +211 Anson County (Unincorporated Areas). Approximately 1,680 feet upstream of the confluence with Savannah Creek Tributary 1 None +219 Tributary 2 At the confluence with Savannah Creek None +222 Anson County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Savannah Creek None +231 Shaw Creek At the confluence with Deadfall Creek None +281 Anson County (Unincorporated Areas). Approximately 500 feet downstream of Union Church Road (State Road 1003) None +324 Smith Creek At the confluence with Pee Dee River None +189 Anson County (Unincorporated Areas). Approximately 2.4 miles upstream of the confluence of North Fork Smith Creek None +264 South Fork Jones Creek At the confluence with Jones Creek and North Fork Jones Creek None +230 Anson County (Unincorporated Areas). Approximately 1,350 feet upstream of NC 742 Highway South None +318 Swans Branch At the confluence with Brown Creek None +255 Anson County (Unincorporated Areas). Approximately 1.2 miles upstream of the confluence of Swans Branch Tributary 1 None +293 Tributary 1 At the confluence with Swans Branch None +267 Anson County (Unincorporated Areas). Approximately 550 feet upstream of US 74 Highway West None +280 Thompson Creek At the downstream North Carolina/South Carolina State boundary None +244 Anson County (Unincorporated Areas). At the upstream North Carolina/South Carolina State boundary None +260 Turkey Top Creek At the confluence with Pee Dee River None +205 Anson County (Unincorporated Areas). Approximately 1,170 feet downstream of Stanback Ferry Road (State Road 1703) None +220 Tributary 1 At the confluence with Turkey Top Creek None +205 Anson County (Unincorporated Areas). Approximately 1,250 feet upstream of Stanback Ferry Road (State Road 1703) None +219 Tributary 2 At the confluence with Turkey Top Creek None +208 Anson County (Unincorporated Areas). Approximately 1,140 feet upstream of Stanback Ferry Road (State Road 1703) None +224 Whortenberry Creek At the confluence with Pee Dee River None +110 Anson County (Unincorporated Areas). Approximately 1,270 feet upstream of Sneedsboro Road (State Road 1829) None +139 Wide Mouth Branch Approximately 0.5 mile upstream of the confluence with Lanes Creek +394 +395 Anson County (Unincorporated Areas). At the Anson/Union County boundary None +406 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Town of Ansonville Maps are available for inspection at the Ansonville Town Hall, 8778 US Highway 52, Ansonville, North Carolina. Send comments to The Honorable Joe Estridge, Mayor of the Town of Ansonville, P.O. Box 437, Ansonville, North Carolina 28007. Town of Morven Maps are available for inspection at the Morven Town Hall, 301 East Main Street, Morven, North Carolina. Send comments to The Honorable Theodore Carr, Mayor of the Town of Morven, P.O. Box 295, Morven, North Carolina 28119. Town of Peachland Maps are available for inspection at the Peachland Town Hall, 25 West Passaic Street, Peachland, North Carolina. Send comments to The Honorable Steven Garris, Mayor of the Town of Peachland, P.O. Box 120, Peachland, North Carolina 28133. Town of Polkton Maps are available for inspection at the Polkton Town Hall, 35 West Polk Street, Polkton, North Carolina. Send comments to The Honorable Minne Staton, Mayor of the Town of Polkton, P.O. Box 234, Polkton, North Carolina 28135. Town of Wadesboro Maps are available for inspection at the Wadesboro Town Hall, 124-126 East Wade Street, Wadesboro, North Carolina. Send comments to The Honorable Don McRorie, Mayor of the Town of Wadesboro, P.O. Box 697, Wadesboro, North Carolina 28170. Anson County (Unincorporated Areas) Maps are available for inspection at the Anson County Inspections and Permitting Department, 107 East Ashe Street, Wadesboro, North Carolina. Send comments to Mr. Andy Lucas, Anson County Manager, 114 North Greene Street, Room 30, Wadesboro, North Carolina 28170. Rowan County, North Carolina, and Incorporated Areas Back Creek At the confluence with North Second Creek None +672 Rowan County (Unincorporated Areas). At the Iredell/Rowan County boundary None +760 Tributary 1 At the confluence with Back Creek None +759 Rowan County (Unincorporated Areas). At the Iredell/Rowan County boundary None +763 Beaverdam Creek

(East)At the confluence with North Second Creek None +655 Rowan County (Unincorporated Areas). Approximately 0.4 mile upstream of NC Highway 801 None +718

(West)At the confluence with Withrow Creek None +684 Rowan County (Unincorporated Areas), Town of Cleveland. Approximately 2.1 miles upstream of Umberger Road None +851 Bell Branch At the confluence with South Yadkin River None +697 Rowan County (Unincorporated Areas). Approximately 1,500 feet upstream of the confluence with South Yadkin River None +697 Bost Branch At the confluence with Second Creek None +669 Town of Rockwell. Approximately 1,655 feet upstream of the confluence with Second Creek None +676 Bostian Heights Branch Approximately 150 feet upstream of Scercy Road (State Road 1346) +741 +742 Rowan County (Unincorporated Areas). Approximately 225 feet upstream of Daugherty Road (State Road 1243) +756 +763 Cedar Creek At the confluence with Yadkin River None +578 Rowan County (Unincorporated Areas). Approximately 0.4 mile upstream of River Road (State Road 2152) None +578 Church Creek At the confluence with Crane Creek/High Rock Lake None +626 Rowan County (Unincorporated Areas), Town of Granite Quarry. Approximately 1.0 mile upstream of U.S. Highway 52 None +759 Tributary 1 At the confluence with Church Creek None +660 Rowan County (Unincorporated Areas), Town of Granite Quarry. Approximately 380 feet downstream of U.S. Highway 52 None +770 Tributary 1A At the confluence with Church Creek Tributary 1 None +660 Rowan County (Unincorporated Areas), Town of Granite Quarry. Approximately 0.5 mile upstream of Fish Pond Road None +752 Tributary 2 At the confluence with Church Creek None +733 Unincorporated Areas of Rowan County, Town of Granite Quarry. Approximately 100 feet downstream of Percy Lane None +757 Coddle Creek At the Iredell/Rowan/Cabarrus County boundary None +674 Rowan County (Unincorporated Areas). Approximately 40 feet upstream of the confluence of East Fork Creek None +674 Cold Water Creek At Moose Road (State Road 1308) None +650 Rowan County (Unincorporated Areas). Approximately 0.5 mile upstream of Moose Road (State Road 1308) None +653 Tributary 1 At Interstate 85 None +661 Rowan County (Unincorporated Areas). Approximately 520 feet upstream of Old Beatty Ford Road (State Road 1211) None +663 Crane Creek Approximately 0.5 mile downstream of the confluence of Town Creek None +626 Rowan County (Unincorporated Areas), City of Salisbury, Town of East Spencer, Town of Granite Quarry. At the downstream side of U.S. Highway 52 +700 +701 Tributary 1 At the confluence with Crane Creek None +626 Rowan County (Unincorporated Areas). Approximately 0.9 mile upstream of Lake Fork Road (State Road 2170) None +651 Tributary 2 Approximately 2,400 feet upstream of the confluence with Crane Creek None +735 Town of Faith. Approximately 220 feet upstream of Cemetery Drive None +862 Crane Creek/High Rock Lake Entire shoreline within Rowan County None +626 Rowan County (Unincorporated Areas). Entire shoreline within Rowan County None +626 Draft Branch At the confluence with Grants Creek +671 +672 City of Salisbury. Approximately 1.0 mile upstream of the confluence with Grants Creek +671 +672 Dutch Buffalo Creek Tributary 1 Approximately 20 feet downstream of the Cabarrus/Rowan County boundary None +688 Rowan County (Unincorporated Areas). At the Rowan/Cabarrus County boundary None +688 East Fork Creek At the confluence with Coddle Creek None +674 Rowan County (Unincorporated Areas). Approximately 2.0 miles upstream of Unity Church Road (State Road 1355) None +802 Fisher Branch At the confluence with Second Creek None +670 Rowan County (Unincorporated Areas), Town of Rockwell. Approximately 60 feet downstream of Fisher Road (State Road 2320) None +740 Flat Creek At the confluence with Yadkin River None +574 Rowan County (Unincorporated Areas). Approximately 1.3 miles upstream of River Road (State Road 2152) None +589 Flat Rock Branch At the confluence with Grants Creek +761 +760 Rowan County (Unincorporated Areas), Town of Landis. Approximately 0.9 mile upstream of the confluence with Grants Creek None +787 Fourth Creek At the confluence with South Yadkin River None +656 Rowan County (Unincorporated Areas). Approximately 500 feet upstream of the Iredell/Rowan County boundary None +730 Tributary 4 At the confluence with Fourth Creek None +708 Rowan County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Fourth Creek None +711 Tributary 5 At the confluence with Fourth Creek None +709 Rowan County (Unincorporated Areas). Approximately 360 feet upstream of Baker Mill Road (State Road 1957) None +713 Grants Creek At the confluence with Yadkin River None +640 Rowan County (Unincorporated Areas), City of Salisbury, Town of China Grove, Town of Landis, Town of Spencer. Approximately 1,190 feet upstream of North Meriah Street +827 +835 Tributary 2 Approximately 1,000 feet upstream of the confluence with Grants Creek +674 +675 City of Salisbury. Approximately 870 feet downstream of Par Drive None +688 Tributary 3 Approximately 1,750 feet upstream of the confluence with Grants Creek +677 +678 City of Salisbury. Approximately 0.4 mile upstream of the confluence with Grants Creek None +680 Tributary 4 Approximately 2,000 feet upstream of the confluence with Grants Creek +680 +681 City of Salisbury, Rowan County (Unincorporated Areas). Approximately 1,700 feet downstream of National Guard Road None +689 Henderson Branch At the confluence with Grants Creek +644 +647 City of Salisbury. Approximately 1,500 feet upstream of the confluence with Grants Creek +646 +647 Innis Street Creek At the confluence with Town Creek +696 +697 City of Salisbury. Just downstream of North Arlington Street +696 +697 Irish Buffalo Creek Approximately 0.5 mile upstream of Cannon Farm Road +732 +737 Rowan County (Unincorporated Areas). Approximately 1.3 miles upstream of Echo Hollow Drive +857 +865 Tributary 4 Approximately 0.6 mile upstream of the confluence with Irish Buffalo Creek None +744 Rowan County (Unincorporated Areas), Town of Landis. Approximately 0.9 mile upstream of the confluence with Irish Buffalo Creek None +760 Tributary 5 Approximately 0.6 mile upstream of the confluence with Irish Buffalo Creek None +747 Town of Landis. Approximately 0.8 mile upstream of the confluence with Irish Buffalo Creek None +752 Jump and Run Branch At the confluence with Grants Creek +655 +658 City of Salisbury. Approximately 380 feet upstream of Willow Road None +763 Kerr Creek At the confluence with Sloans Creek None +680 Rowan County (Unincorporated Areas). Approximately 1.4 miles upstream of Corriher Springs Road (State Road 1554) None +845 Klutz Branch Approximately 75 feet upstream of the confluence with Legion Park Branch +760 +759 Town of Granite Quarry. Approximately 970 feet upstream of Peeler Street +774 +776 Lake Wright Branch At the confluence with Grants Creek +717 +715 Town of China Grove, Rowan County (Unincorporated Areas). Approximately 1,600 feet upstream of the confluence with Grants Creek +717 +716 Legion Park Branch Approximately 150 feet upstream of the confluence with Trexler Creek +707 +706 Rowan County (Unincorporated Areas), Town of Granite Quarry. Approximately 150 feet upstream of South Oak Street None +796 Little Creek At the confluence with Grants Creek +693 +691 Rowan County (Unincorporated Areas). Approximately 2,400 feet upstream of the confluence with Grants Creek +693 +692 South At the confluence with Third Creek None +720 Rowan County (Unincorporated Areas). At the Iredell/Rowan County boundary None +748 Lomax Creek At the confluence with Grants Creek +637 +642 Town of Spencer. Approximately 750 feet upstream of the confluence with Grants Creek +641 +642 Mahaley Branch At the confluence with Grants Creek +648 +649 City of Salisbury. Approximately 1,650 feet upstream of the confluence with Grants Creek +648 +649 Mill Creek Approximately 250 feet downstream of the Rowan/Cabarrus County boundary None +714 Rowan County (Unincorporated Areas). Approximately 400 feet upstream of Smith Road (State Road 1361) None +799 North Second Creek At the confluence with South Yadkin River None +651 Rowan County (Unincorporated Areas). At the confluence of Back Creek None +672 Park Avenue Branch At the confluence with Town Creek +691 +690 City of Salisbury. Approximately 700 feet upstream of the confluence with Town Creek +691 +690 Park Creek At the Rowan/Cabarrus County boundary None +679 Rowan County (Unincorporated Areas). Approximately 0.5 mile upstream of Smith Road (State Road 1360) None +810 Peeler Branch At the confluence with Second Creek Tributary 1 None +656 Rowan County (Unincorporated Areas), Town of Rockwell. Approximately 500 feet upstream of Sides Road None +711 Petrea Branch At the confluence with Grants Creek +717 +714 Town of China Grove. Approximately 180 feet upstream of Spring Branch Road +766 +765 Riles Creek At the confluence with Yadkin River None +572 Rowan County (Unincorporated Areas). Approximately 150 feet upstream of the Rowan/Stanly County boundary None +572 Rocky Branch At the confluence with Grants Creek +641 +642 Town of Spencer. Approximately 1,200 feet upstream of the confluence with Grants Creek +641 +642 Tributary 1 At the confluence with Rocky Branch +649 +650 Rowan County (Unincorporated Areas), City of Salisbury, Town of Spencer. Approximately 0.5 mile upstream of Pickett Avenue None +708 Rowan Avenue Park Stream At the confluence with Grants Creek +629 +642 Rowan County (Unincorporated Areas), Town of Spencer. Approximately 150 feet upstream of Charles Street +641 +642 Second Creek At the Rowan/Davidson County boundary None +625 Town of Rockwell, Rowan County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Second Creek Tributary 3 None +810 Tributary 1 At the confluence with Second Creek None +640 Rowan County (Unincorporated Areas). Approximately 190 feet downstream of Lower Palmer Road None +657 Tributary 2 At the confluence with Second Creek None +663 Rowan County (Unincorporated Areas), Town of Rockwell. Approximately 450 feet upstream of Miller Street None +735 Tributary 3 At the confluence with Second Creek None +747 Rowan County (Unincorporated Areas). Approximately 200 feet upstream of Shuping Mill Road (State Road 2663) None +827 Sills Creek At the confluence with Back Creek None +680 Rowan County (Unincorporated Areas). At the Iredell/Rowan County boundary None +812 Tributary 1 At the confluence with Sills Creek None +702 Rowan County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Sills Creek None +710 Sixth Street Branch At the confluence with Grants Creek +641 +642 Town of Spencer. Approximately 700 feet upstream of the confluence with Grants Creek +641 +642 Sloans Creek At the confluence with Back Creek None +672 Rowan County (Unincorporated Areas). Approximately 0.4 mile upstream of Brown Road (State Road 1211) None +844 South Yadkin River At the confluence with Yadkin River None +647 Rowan County (Unincorporated Areas), City of Salisbury. At the Iredell/Davie/Rowan County boundary None +697 Third Creek At the confluence with Fourth Creek None +670 Town of Cleveland, Rowan County (Unincorporated Areas). Just upstream of the Iredell/Rowan County boundary None +723 Third Street Creek At the confluence with Grants Creek +636 +642 Town of Spencer. Approximately 1,260 feet upstream of the confluence with Grants Creek +641 +642 Thomas Street Creek At the confluence with Town Creek +704 +703 City of Salisbury. At South Boundary Street +704 +703 Town Creek At the confluence with Crane Creek/High Rock Lake +626 +627 Rowan County (Unincorporated Areas), City of Salisbury, Town of East Spencer. Approximately 350 feet upstream of Klumac Road +715 +714 Tributary 1 At the confluence with Town Creek +646 +645 Rowan County (Unincorporated Areas), Town of East Spencer. Approximately 110 feet upstream of Tanglewood Drive None +714 Trexler Creek Approximately 960 feet upstream of the confluence with Crane Creek +709 +708 Town of Granite Quarry. Approximately 0.2 mile upstream of U.S. Highway 52 +826 +831 Unnamed Stream 1 At the confluence with Fourth Creek None +678 Rowan County (Unincorporated Areas). Approximately 0.9 mile upstream of Mount Vernon Road (State Road 1986) None +688 Unnamed Stream 2 At the confluence with Fourth Creek None +720 Rowan County (Unincorporated Areas). Approximately 0.5 mile downstream of Rary Road (State Road 1978) None +723 Vance Avenue Branch At the confluence with Town Creek +709 +708 City of Salisbury. Approximately 460 feet upstream of the confluence with Town Creek +709 +708 Wildlife Tributary At the confluence with Draft Branch +671 +672 City of Salisbury. Approximately 0.5 mile upstream of the confluence with Draft Branch +671 +672 Withrow Creek At the confluence with North Second Creek None +665 Rowan County (Unincorporated Areas). At the Iredell/Rowan County boundary None +743 Woodleaf Branch

(East)At the confluence with Grants Creek +671 +670 City of Salisbury. Approximately 100 feet upstream of 4th Street None +707

(West)At the confluence with Withrow Creek None +730 Rowan County (Unincorporated Areas). At the Iredell/Rowan County boundary None +767 Yadkin River Approximately 500 feet downstream of the Rowan/Davidson/Stanly/Montgomery County boundary None +566 Rowan County (Unincorporated Areas), Town of Spencer. At the confluence of South Yadkin River None +647 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Salisbury Maps are available for inspection at the Salisbury City Hall, 217 South Main Street, Salisbury, North Carolina. Send comments to Mr. David Treme, Salisbury City Manager, P.O. Box 479, Salisbury, North Carolina 28145. Town of China Grove Maps are available for inspection at the China Grove Town Hall, 205 Swink Street, China Grove, North Carolina. Send comments to The Honorable Don Bringle, Mayor of the Town of China Grove, 205 Swink Street, China Grove, North Carolina 28023. Town of Cleveland Maps are available for inspection at the Cleveland Town Hall, 302 East Main Street, Cleveland, North Carolina. Send comments to The Honorable James Brown, Mayor of the Town of Cleveland, P.O. Box 429, Cleveland, North Carolina 27013. Town of East Spencer Maps are available for inspection at the East Spencer Town Hall, 105 South Long Street, East Spencer, North Carolina. Send comments to The Honorable Erma Jefferies, Mayor of the Town of East Spencer, P.O. Box 339, East Spencer, North Carolina 28039. Town of Faith Maps are available for inspection at the Faith Town Hall, 100 North Main Street, Faith, North Carolina. Send comments to The Honorable William M. Johnson, Jr., Mayor of the Town of Faith, P.O. Box 37, Faith, North Carolina 28041. Town of Granite Quarry Maps are available for inspection at the Granite Quarry Town Hall, 143 North Salisbury Avenue, Granite Quarry, North Carolina. Send comments to The Honorable Mary Ponds, Mayor of the Town of Granite Quarry, P.O. Box 351, Granite Quarry, North Carolina 28072. Town of Landis Maps are available for inspection at the Landis Town Hall, 312 South Main Street, Landis, North Carolina. Send comments to The Honorable Mike Mahaley, Mayor of the Town of Landis, P.O. Box 8165, Landis, North Carolina 28088. Town of Rockwell Maps are available for inspection at the Rockwell Town Hall, 202 East Main Street, Rockwell, North Carolina. Send comments to The Honorable Beauford Taylor, Mayor of the Town of Rockwell, P.O. Box 506, Rockwell, North Carolina 23138. Town of Spencer Maps are available for inspection at the Spencer Town Hall, 600 South Salisbury Avenue, Spencer, North Carolina. Send comments to The Honorable Alecia Bean, Mayor of the Town of Spencer, P.O. Box 45, Spencer, North Carolina 28159. Rowan County (Unincorporated Areas) Maps are available for inspection at the Rowan County Planning Department, 130 West Innes Street, Salisbury, North Carolina. Send comments to Mr. William Cowan, Rowan County Manager, 130 West Innes Street, Salisbury, North Carolina 28144. St. Croix County, Wisconsin, and Incorporated Areas Kinnickinnic River Approximately 1,500 feet downsteam of County Road MM None +897 St. Croix County (Unincorporated Areas). Approximately 1,200 feet upstream of North Main Street +884 +896 Willow River Approximately 2,500 feet upstream of the confluence with Paperjack Creek +943 +983 St. Croix County (Unincorporated Areas). Approximately 1.4 miles downstream of 160th Street +942 +984 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES St. Croix County (Unincorporated Areas) Maps are available for inspection at St. Croix County Office Building, 1101 Carmichael Road, Hudson, WI 54016. Send comments to Clarence W. Malick, Chairperson, St. Croix County Board of Commissioners, St. Croix County Office Building, 1101 Carmichael Road, Hudson, WI 54016. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: June 26, 2007. David I. Maurstad, *Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency* . [FR Doc. E7-13183 Filed 7-6-07; 8:45 am] BILLING CODE 9110-12-P 72 130 Monday, July 9, 2007 Notices DEPARTMENT OF AGRICULTURE Forest Service Humboldt-Toiyabe National Forest; Mountain City Ranger District, Big Springs Exploration Drilling Project AGENCY: Forest Service, USDA. ACTION: Notice of Intent to Prepare an Environmental Impact Statement. SUMMARY: Gateway Gold Corporation has submitted a Plan of Operations to explore for, locate, and delineate precious metals on National Forest System lands within the Big Springs Mine area. In response to that proposed plan of operations, the Mountain City Ranger District of the Humboldt-Toiyabe National Forest will prepare an Environmental Impact Statement for the Big Springs Exploration Drilling Project. This proposal is for the drilling on up to 1000 drill sites over a five year period on National Forest System

(NFS)lands. The Project Area is located in Elko County, Nevada. Analysis for this project was initiated in 2005 with the preparation of an Environmental Assessment. In late October 2006, two lakes that had formed in existing mine pits (pit lakes) and the surrounding aquifer began draining. The pit lakes are now dry and the aquifer level has dropped about 150 feet below previous levels measured prior to October 2006. It is unknown where the aquifer is draining to or what the impacts, if any, would be to water quality and surface and groundwater resources. Based upon these changed environmental conditions of the hydrology at the site, the Forest Service has decided to document the analysis in an Environmental Impact Statement. DATES: To be most effective, comments concerning the scope of the proposed analysis should be received within 30 days from the date that this Notice of Intent is published in the **Federal Register** . The draft EIS is expected to be completed in October 2007, and the final EIS is expected to be completed in March 2008. ADDRESSES: Send written scoping comments to: District Ranger, Mountain City Ranger District, 2035 Last Chance Road, Elko, NV 89801. Electronic scoping comments may be sent via e-mail to: *comments-intermtn-humboldt-toiyabe-mtncity@fs.fed.us.* Please put “Big Springs EIS” in the subject line of e-mail transmissions. FOR FURTHER INFORMATION CONTACT: Will Wilson, Project Coordinator, Humboldt-Toiyabe National Forest, 2035 Last Chance Road, Elko, NV 89801, Telephone: 775-778-6132. SUPPLEMENTARY INFORMATION: Purpose of and Need for Action The purpose and need for this proposed action is to authorize occupancy and use to Gateway Gold to explore for, locate, and delineate precious metals on National Forest System lands within the Big Springs Mine area. The statutory right of Gateway Gold to explore for and develop mineral resources on federally administered lands is recognized in the General Mining Law of 1872, and is consistent with the Humboldt National Forest Land and Resource Management Plan of 1986. Proposed Action The operator proposes construction of up to 1000 drill sites and associated temporary roads over a 5-year period. Approximately 200 drill sites would be constructed each year, with the drilling of up to three drill holes per drill site. Each drill site would occupy approximately 0.2 acres. Up to thirty miles of new exploration road (90 acres) would be constructed in total over five years. Each year, the operator would keep approximately 5 to 7 miles of the newly constructed road (15 to 21 acres) open to provide primary access to exploration targets within the area. In addition, the operator would annually construct 3 to 5 additional miles (9 to 15 acres) of drill site access road that would be slated for reclamation each year. Overland travel would be 2 miles in length; at least one-mile of overland access would be slated for reclamation at the end of each drilling season. Total acreage disturbed over five years would not exceed 220 acres. Seasonal reclamation would be completed each year, along with concurrent reclamation to stabilize and reduce the overall amount of disturbance. Final reclamation would require that all disturbances by the operator be recontoured to natural slope, and seeded with native weed-free seed species. Other Possible Alternatives Currently, two alternatives have been identified to be analyzed in detail with further analysis potentially generating other alternatives: *No Action Alternative:* The plan of operations submitted by Gateway Gold would not be approved. Conditions at the project area would remain as they are now. *Proposed Action with Additional Mitigation and Monitoring:* This alternative is identical to the Proposed Action Alternative with the exception of added mitigation and monitoring measures for protection of wildlife and water quality. These additional measures were identified during scoping, issue development, and identification of potential impacts during the initial analysis. These measures are in addition to the environmental protection measures already included in the Proposed Action Alternative and include Best Management Practices, Forest Service standard operating procedures for mineral exploration projects, and mitigation measures tailored specifically for this Project. *Responsible Official:* The responsible official is: Forest Supervisor, Humboldt-Toiyabe National Forest, 1200 Franklin Way, Sparks, NV 89431. *Nature of Decision To Be Made:* Based on the environmental analysis presented in the EIS, the Forest Supervisor will decide

(1)Whether or not to approve actions as proposed or modified, or as described in an alternative;

(2)what mitigation measures are needed; and

(3)what monitoring is required. Scoping Process Scoping of the Proposed Action commenced in 2005 and is continuing at this time. Initial public input was invited through the mailing of a scoping letter on January 13, 2005. Letters initiating consultation were also sent to American Indian tribes. The Forest Service will again mail information to interested and/or affected parties. The project has been listed in the Humboldt- Toiyabe National Forest Schedule of Proposed Actions since April of 2005. In 2005 the Forest Service received scoping responses, including letters from the Nevada Division of Environmental Protection, Nevada Historic Preservation Office, Nevada Department of Wildlife and Western Watersheds Projects. Comments were also received from Elko County Commissioners and Elko County Roads Department. Relevant responses were used to synthesize and develop issues. There are currently no scoping meetings planned for the EIS. Preliminary Issues The following are the significant issues identified through the analysis conducted to date. We are asking you to help us further refine the existing issues, as well as identify other issues or concerns relevant to the Proposed Action. *Water Quality* —Drilling and associated activities could result in

(1)Cross contamination of aquifers by providing conduits;

(2)impacts to existing engineered mine features (embankments);

(3)interactions and effects to water quality; and

(4)increased sedimentation and erosion from ground disturbing activities. *Water Quantity and Flows* —Drilling through geologic structures can intercept aquifers and alter groundwater flow. *Wildlife* —Exploration activities have the potential to disrupt seasonal use by a variety of wildlife species (mule deer, sage grouse, various raptors and other species) in and around the project area, and to affect quality and quantity of habitat for these species. *Special Status Species (Wildlife)* —Proposed surface disturbance and human activity associated with exploration activities may cause short- and long-term adverse effects to habitats used by Northern goshawk, sage-grouse, neo-tropical migratory birds, pygmy rabbit, and several species of bats with potential to occur in the Project area. *Special Status Species (Aquatics and Fisheries)* —Increased sediment from disturbance by the proposed exploration could adversely affect threatened Lahontan cutthroat trout and Columbia spotted frog (candidate species), which inhabit the North Fork Humboldt River. *Recreation* —Exploration activities and effects including noise, increased traffic on the access road, and road maintenance could affect recreation opportunities and the quality of the recreational experience. *Livestock* —Surface disturbance would alter the vegetation, which has the potential to change the carrying capacity within the pasture in both the short-term and long-term. *Vegetation* —Surface disturbance may

(1)Affect specific plant communities, such as aspen, riparian vegetation and sub-alpine fir;

(2)promote the spread and establishment of noxious weeds, such as hoary cress and Canada thistle, and other non-native invasive species, and

(3)affect sensitive plants). Other issues that will also be addressed in the analysis include the potential impacts this project may have on the McAffee Peak Inventoried Roadless Area which is partly within the project area. As proposed a small amount of exploration activities would be within this roadless area. Approximately 12 drill sites and less than 1,000 feet to the drill road are located slightly within or on the northern boundary of the McAffee Peak Inventoried Roadless Area. The portion of the roadless area impacted is a small “finger” that was created through a mapping error in 1998/1999 when the latest inventory for roadless areas was adopted. This is the inventory that was made part of the 2001 Roadless Area Conservation Rule. This finger in question has reclaimed mining and exploration roads within its boundaries and lacks roadless characteristics. This type of activity fits within an exemption category for allowing road construction within the IRA tied to outstanding or existing valid rights. Because no portion of the project area within or adjacent to the McAffee IRA exhibits roadless characteristics, effects of the Proposed Action upon the McAffee IRA have not been identified as a significant issue. Comment Requested This NOI continues the scoping process which will guide the development of the Environmental Impact Statement. The public is invited to submit scoping comments, stating concerns and issues relevant to the proposed project. These comments will be used to help establish the scope of study and analysis for the EIS. Early Notice of Importance of Public Participation in Subsequent Environmental Review A draft EIS will be prepared for comment. The comment period on the draft EIS will be 45 days from the date that the Environmental Protection Agency

(EPA)publishes the notice of availability

(NOA)in the **Federal Register.** The Forest Service believes that, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft EISs must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions [ *Vermont Yankee Nuclear Power Corp.* v. *NRDC,* 435 U.S. 519, 553 (1978)]. Also, environmental objections that could have been raised at the draft EIS stage but that are not raised until after completion of the final EIS may be waived or dismissed by the courts [ *City of Angoon* v. *Hodel,* 803 F.2d 1016, 1022 (9th Cir. 1986) and *Wisconsin Heritages, Inc.* v. *Harris,* 490 F. Supp. 1334, 1338 (e.D. Wis. 1980)]. Because of these court rulings, it is very important that those interested in this Proposed Action participate by the close of the 45 day comment period so that comments and objections are made available to the Forest Service at a time when it can consider them and respond to them in a meaningful manner within the final EIS. To assist the Forest Service in identifying and considering issues and concerns regarding the Proposed Action, comments on the draft EIS should be as specific as possible. It is also helpful if the comments refer to specific pages, sections, or chapters of the draft document. Comments may also address the adequacy of the draft EIS or the merits of the alternatives formulated and discussed in the document. Reviewers may wish to refer to the Council on Environmental Quality

(CEQ)Regulations for implementing the procedural provisions of the National Environmental Policy Act

(NEPA)at 40 CFR 1503.3 in addressing these points. Comments received, including the names and addresses of those who comment, will be considered part of the public record of this proposal and will be available for public inspection (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21) Dated: June 27, 2007. Edward C. Monnig, Forest Supervisor. [FR Doc. 07-3307 Filed 7-6-07; 8:45 am]

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