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[Federal Register: November 3, 2003 (Volume 68, Number 212)]
[Proposed Rules]
[Page 62259-62263]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03no03-21]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Notice No. 21]
RIN 1513-AA58
Proposed Ribbon Ridge Viticultural Area (2002R-215P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau has received a
petition proposing the establishment of the ``Ribbon Ridge''
viticultural area in northern Yamhill County, Oregon, between Newberg
and Gaston. This proposed viticultural area, which measures
approximately 1.75 miles in width and 3.5 miles in length, lies
approximately 22 miles southwest of Portland, Oregon, and 40 miles
inland from the Pacific Ocean. As of 2002, at least 14 vineyards,
totaling over 286 acres currently planted, plus 3 commercial wineries
exist within the proposed boundaries of the Ribbon Ridge viticultural
area. We believe the use of viticultural area names as appellations of
origin in wine labeling and advertising helps consumers identify wines.
It also allows wineries to better designate the specific grape-growing
area in which their wine grapes were grown. We invite comments on this
proposal.
DATES: We must receive written comments on or before January 2, 2004.
ADDRESSES: You may send comments to any of the following addresses--
[sbull] Chief, Regulations and Procedures Division, Alcohol and
Tobacco Tax and Trade Bureau, P.O. Box 50221, Washington, DC 20091-0221
(Attn: Notice No. 21);
[sbull] 202-927-8525 (facsimile); [sbull] nprm@ttb.gov (e-mail); or
[sbull] http://www.ttb.gov (An online comment form is posted with
this notice on our Web site).
You may view copies of the proposed regulations and any comments
received on this notice online at http://www.ttb.gov/alcohol/rules/index.htm
and by appointment at our reference
[[Page 62260]]
library, 1310 G Street, NW., Washington, DC 20005.
See the Public Participation section of this notice for specific
instructions and requirements, and for information on how to request a
public hearing.
FOR FURTHER INFORMATION CONTACT: Nancy Sutton, Specialist, Regulations
and Procedures Division (Corvallis, Oregon), Alcohol and Tobacco Tax
and Trade Bureau, 946 NW Circle Blvd. 286, Corvallis, Oregon
97330; telephone 415-271-1254.
SUPPLEMENTARY INFORMATION:
Background
Authority To Establish Viticultural Areas
The Federal Alcohol Administration Act (FAA Act) at 27 U.S.C.
205(e) requires that alcohol beverage labels provide the consumer with
adequate information regarding a product's identity, while prohibiting
the use of misleading information on such labels. The FAA Act also
authorizes the Secretary of the Treasury to issue regulations to carry
out the FAA Act's provisions, and the Secretary has delegated this
authority to the Alcohol and Tobacco Tax and Trade Bureau (TTB).
Regulations in 27 CFR part 4, Labeling and Advertising of Wine,
allow the establishment of definitive viticultural areas. The
regulations allow the name of an approved viticultural area to be used
as an appellation of origin on wine labels and in wine advertisements.
A list of approved viticultural areas is contained in 27 CFR part 9,
American Viticultural Areas.
Definition of an American Viticultural Area
Title 27 CFR, section 4.25(e)(1), defines an American viticultural
area as a delimited grape-growing region distinguishable by geographic
features, the boundaries of which have been delineated in subpart C of
part 9. These designations allow consumers and vintners to attribute a
given quality, reputation, or other characteristic of the wine made
from grapes grown in a viticultural area to its geographic origin. We
believe that the establishment of viticultural areas allows wineries to
describe more accurately the origin of their wines to consumers and
helps consumers identify the wines they purchase. Establishment of a
viticultural area is neither an approval nor endorsement by TTB of the
wine produced there.
Requirements To Establish a Viticultural Area
Section 4.25(e)(2) outlines the procedure for proposing an American
viticultural area. Any interested person may petition TTB to establish
a grape-growing region as a viticultural area. The petition must
include:
(a) Evidence that the name of the proposed viticultural area is
locally or nationally known as referring to the area specified in the
petition;
(b) Historical or current evidence that the boundaries of the
viticultural area are as specified in the petition;
(c) Evidence that the proposed area's growing conditions, such as
climate, soil, elevation, physical features, etc. distinguish it from
surrounding areas;
(d) A description of the specific boundaries of the proposed
viticultural area, based on features found on United States Geological
Survey (USGS) maps of the largest applicable scale; and
(e) A copy (or copies) of the appropriate USGS map(s) with the
boundaries prominently marked.
Impact on Current Wine Labels
As appellations of origin, viticultural area names have geographic
significance. Our 27 CFR part 4 label regulations prohibit the use of a
brand name with geographic significance on a wine unless the wine meets
the appellation of origin requirements for the named area. Our
regulations also prohibit any other label references that suggest an
origin other than the true place of origin of the wine.
If we establish this proposed viticultural area, bottlers who use
brand names, including trademarks, like Ribbon Ridge must ensure that
their existing products are eligible to use the viticultural area's
name as an appellation of origin. For a wine to be eligible, at least
85 percent of the grapes in the wine must have been grown within the
viticultural area, and the wine must meet the other requirements of 27
CFR 4.25(e)(3).
If the wine is not eligible for the appellation, the bottler must
change the brand name or other label reference and obtain approval of a
new label. Different rules apply to a wine in this category bearing a
brand name that was used on a label approved prior to July 7, 1986. See
27 CFR 4.39(i) for details.
Ribbon Ridge Petition
General Information
We have received a petition from Alex Sokol-Blosser, secretary of
the North Willamette Valley AVA Group, proposing a new viticultural
area to be called the ``Ribbon Ridge.'' Harry Peterson-Nedry and Doug
Tunnell authored the petition. This proposed viticultural area, located
in the northern part of Yamhill County, Oregon, between Newberg and
Gaston, approximately 22 miles southwest of Portland, Oregon, and 40
miles inland from the Pacific Ocean. Measuring approximately 1.75 miles
in width and 3.5 miles in length, the proposed area includes a total of
3,350 acres (5.25 square miles), of which 1,000 to 1,400 acres are
suited to premium wine grape planting. As of 2002, at least 14
vineyards, totaling over 286 acres currently planted, plus 3 commercial
wineries exist within the proposed boundaries of the Ribbon Ridge
viticultural area. Four additional vineyards and three additional
wineries are currently in the planning stage and should be developed
within the next 3 years. If established, they would fall within the
proposed viticultural area.
The proposed Ribbon Ridge viticultural area consists of a 3.5- by
1.75-mile distinct ridge that is separate from the higher surrounding
landmass. It has significant, marked drainage on all sides and is a
single, evident landmass of uniform shape and composition that differs
from the hillside sites in the vicinity. The petitioners decided to use
physical features, soil, and to a lesser extent, elevation and climate,
as the primary factors in defining the boundaries of the proposed area.
Evidence That the Name of the Area Is Locally or Nationally Known
The petitioners state the geological formation on which the
proposed viticultural area is located has been continuously referred to
as Ribbon Ridge since before 1888. Ribbon Ridge was given its name by
Colby Carter, an early settler who came from Missouri in 1865. Since
that time, the formation has been consistently referred to as Ribbon
Ridge and is so identified on USGS and other maps. The first official
use of the name ``Ribbon Ridge'' in conjunction with this area dates to
1888 with the creation of the Ribbon Ridge School District 68
by Yamhill County Schools. The school began operations in 1889 and was
in use through at least 1953.
A reference to Ribbon Ridge appeared in the ``Oregon Historical
Quarterly,'' Vol. XLIV, page 307, March-December 1943: ``Ribbon Ridge
is a spur in the southwest part of the Chehalem Mountains, about east
of Yamhill. The top of the ridge twists like a ribbon, hence the
name.'' The petitioners provided evidence that Ribbon Ridge is an
official location name in Oregon and the United States. It is
registered in the
[[Page 62261]]
Department of Interior and U.S. Geological Survey's Geonames database.
The term ``Ribbon Ridge'' figures prominently on the USGS Dundee
Quadrangle map submitted with this petition.
Historical or Current Evidence That Supports the Proposed Boundaries
The petitioners assert that the proposed viticultural area is an
evident landmass of uniform shape and composition that differs from the
hillside sites in the vicinity, which are appropriate for wine grapes
in historical, climatic, and geological ways. Ribbon Ridge has been
known as a distinct farming district, with its own name and its own mix
of crops, ranging from walnuts, prunes, hazelnuts, hay, Christmas
trees, timber lots, and cattle for more than a century. Many of these
require the warmth and protection of the hillside site for economic
distinction. Farmers from Ribbon Ridge are reported to have willingly
differentiated themselves from adjoining areas such as Chehalem Valley,
Kings Grade, and Rex Hills, even to the extent of establishing a
separate school, when others existed in immediately adjacent areas.
Further, the petitioners offer evidence that, geographically, the
proposed area is differentiated and separated from adjoining farming
regions by the regularity and unaltered nature of the island-like
ridge, its position as a mass broken free from other uplifts or larger
hillsides, and the clean division its drainage system makes around the
full perimeter of the landmass. Specifically, the Chehalem Creek Valley
is deep, wide, and severely sloped on Ribbon Ridge's western flank.
Where the Creek exits the hills, the Chehalem Valley is wide and flat
at the 200-foot level to the south of Ribbon Ridge. Dopp and Ayres
Creeks originate on the flank of the Chehalem Mountains underneath Bald
Peak, flowing westward to accumulate Ribbon Ridge's drainage, and then
diverging to the south and north, achieving the complete segregation of
the ridge on the northwest side at an elevation of approximately 400
feet.
Roads have historically been built at the low spots around the
ridge, and Dopp, Albertson, and North Valley Roads encircle Ribbon
Ridge completely. Ribbon Ridge Road dissects the landmass, running the
spine of the Ridge lengthwise, north to south. The petitioners state
Ribbon Ridge is clearly defined by both elevation and Yamhill County
roads. The proposed viticultural area is defined as the area at 240
feet in elevation or above, enclosed by the 10-mile county road loop.
Vineyard activity began on Ribbon Ridge in 1980 with the planting
of Ridgecrest Vineyards. The first commercial vineyard was established
in 1982 with the planting of 54 acres of Pinot Noir and Chardonnay.
Yamhill Valley Vineyards first used grapes from these vineyards in wine
production in 1985. It is estimated that between 1,000 and 1,400 acres
in the proposed Ribbon Ridge viticultural area are suited to premium
wine grape planting. Fourteen vineyards and three wineries are
currently located on Ribbon Ridge, with 286 acres currently planted.
Four additional vineyards and three additional wineries are currently
in the planning stage and should be developed within the next 3 years.
Vineyards or winery operations now own in excess of 700 total acres on
Ribbon Ridge.
Evidence of Distinctive Geographical Features
The petitioners state that the proposed Ribbon Ridge viticultural
area's boundaries are based primarily on a combination of topographic,
elevation, and climatic factors that contrast with the surrounding
Willamette Valley, Coast Range, and Columbia Gorge.
Physical Features
The petitioners assert that Ribbon Ridge, from the air, appears as
an island that has broken off from the higher landmasses that surround
it and floats freely above the Chehalem Valley floor. It extends
southward from the Chehalem Mountains and rises above the floor of the
Valley. Ribbon Ridge Road runs north to south along its spine. Ribbon
Ridge is defined on the east and west by the watersheds that fall away
from the road in both directions. It is separated from the Chehalem
Mountains by Ayres Creek on the north and a creek known locally as Dopp
Creek, which runs parallel to Dopp Road on the east and flows south to
form the eastern boundary. On the western side of Ribbon Ridge, the
Chehalem Creek Valley dramatically separates the proposed area from the
Coast Range hillsides that are associated with the Yamhill-Carlton
District. There is a gorge-like drop of 300 feet or more into the
narrow quarter-mile ravine that widens at the foot of Ribbon Ridge into
the broad, flat Chehalem Valley dividing the Chehalem Mountains from
the Red Hills of Dundee area. This feature, more than any other, shows
the separate nature of Ribbon Ridge's formation as an uplifted landmass
of unique origin.
Soil
The petitioners state that the soils of Ribbon Ridge are relatively
uniform, all being marine sedimentary and fine-textured (mainly
Willakenzie series) at plantable elevations, without significant
alterations from slides and erosion. Specifically, Ribbon Ridge is a
distinct, natural, geological formation of eastward-tilted marine
sedimentary strata dated to the upper Eocene. The Keasey Formation,
exposed on the western side of the Ridge, is laminated to massive, pale
gray, tuffaceous mudstone, to fine tuffaceous sandstone. The overlying
Pittsburgh Bluffs Formation, exposed in the central and eastern side of
the Ridge, is a massive to thick-bedded gray to tan, weathering,
feldpathic litharenite with tuffaceous mudstone and sandstone. The
petitioners assert that within the region Ribbon Ridge is unusual in
the presence of only these two geological strata and the intact nature
of these formations.
Further, they contend that, because the ridge is ancient and
stable, the soils from these fine sedimentary parent materials are well
weathered and consequently are, on average, deeper in profile and more
finely structured than soils in surrounding areas.
As a consequence of its geological history, the soils of Ribbon
Ridge are distinct from those of adjacent vineyards in several
significant ways. Unlike the Chehalem Mountains to the north and east,
the soils of ribbon Ridge are entirely derived from marine sedimentary
parent materials. They are distinctly different from the alluvial
sedimentary soils that constitute, in part or entirely, areas to the
east of Ribbon Ridge or to the south in the Chehalem Valley flood
plain. They are different from the adjacent volcanic soils in the
proposed Chehalem Mountains and Red Hills of Dundee American
viticultural areas. The petitioners also offered evidence that the
soils of Ribbon Ridge are related but distinctly different from the
marine sedimentary hillsides (mainly Willakenzie and Peavine Series) to
the west of Chehalem Creek Gorge in the proposed Yamhill-Carlton area
in that they are younger, finer, and more uniform due to finer parent
materials of sandstone, siltstone, and mudstone.
Elevation
The petitioners state the proposed Ribbon Ridge viticultural area
extends southward from the Chehalem Mountains and rises above the floor
of the Chehalem Valley from approximately 200 feet to an elevation of
683 feet. The proposed area is defined as 240 feet in elevation or
higher and is enclosed by a 9.85-mile county road loop. The area
contains south-sloped plantings at elevations high enough to avoid
valley soils (over 240 feet) but
[[Page 62262]]
beneath the cooling effects of higher elevation (maximum height of area
is 683 feet). The area between these two elevation lines receives
maximum heat accumulation, as well as good air and water drainage.
Degree-day accumulations in the proposed area average 2,455, as
compared to 2,541 at McMinnville (southwest of Ribbon Ridge) and 2,650
at Portland (northeast of Ribbon Ridge). The data on Ribbon Ridge is
typical of hillside sites with earlier starts to warming, less
nighttime temperature drops, and clipped heat spikes in midsummer that
provide a consistent climate for adequate ripening. According to the
petitioners, these features allow longer, cooler growing seasons, which
are ideal for delicate varietals like Pinot Noir, Chardonnay, and Pinot
Gris.
To the best of their knowledge, the petitioners state that all of
the existing vineyards in the proposed viticultural area are located
between 240 to 680 feet. Further, they believe the 240-foot contour
line minimum height boundary will exclude alluvial soils, which are not
best suited for viticulture.
Climate
The petitioners state that Ribbon Ridge's island-like
characteristics and the proximity of surrounding landmasses tend to
shield and uniquely protect the proposed area from many of the extremes
that affect the other agricultural microclimates in the northern
Willamette Valley. Air and water drainage exist on all sides. Low
clouds tend to accumulate on the surrounding hilltops; fog tends to
settle on the valley floor in early and late parts of the growing
season. The Coast Range and Yamhill mountains to the west encourage
weather systems to drop moisture before reaching Ribbon Ridge and to
moderate wind extremes from Pacific storms. The Chehalem Mountains,
Bald Peak, and Portland hill systems to the north tend to protect this
area from the Columbia Gorge and eastern Oregon weather systems that
deliver cold in the winter and heat or winds in the summer. The Dundee
Hills to the south shield Ribbon Ridge from extreme winds that funnel
coastal weather systems through the Van Duzer corridor, whether hot,
cold, or wet in the summer or winter.
The petitioners provided an analysis of compiled daily weather data
comparing exposed valley floor weather stations such as Salem (south of
Ribbon Ridge), McMinnville (southwest of Ribbon Ridge), and Portland
Airport (east of Ribbon Ridge) to hillside vineyard stations on Ribbon
Ridge (Whistling Ridge). The analysis indicates a tendency towards
slightly warmer and drier conditions on grape-growing hillsides of the
northern valley, such as the proposed Ribbon Ridge viticultural area.
These apparent differences are even more significant during the grape-
growing season (April-October), when the nature of hillside warming is
especially important in achieving ripening similar to that of warm
valley sites without the risk of frost or the problems of excess soil
moisture. Specifically, hillside data showed higher minimum (2-3
[deg]F) and maximum (2-7 [deg]F) daily temperatures during early and
late growing seasons than those of exposed valley floor sites. This
moderation permits early growth in the spring, consistent and even
ripening with retention of acids over the summer, and a long, full
ripening in the fall.
The petitioners supplied data suggesting precipitation on protected
hillsides in the Ribbon Ridge area is up to 10 inches less,
approximately 25 percent, than it is on unprotected valley sites.
Growing season precipitation is reduced even farther, with 7.7 inches
accumulated April-October on average, or approximately 35 percent
reduction from the Coast Range or valley floor sites. For example, the
annual rainfall at Whistling Ridge in the proposed Ribbon Ridge
viticultural area averages 29 inches as compared to 36 inches for the
Portland International Airport, (located east of the proposed area), 39
inches for Salem (south of Ribbon Ridge), while the Coast Range,
located west of the Ribbon Ridge, has an average range of 80 inches to
more than 100 inches per year. Further, the petitioners state that
Ribbon Ridge's annual rainfall is less than other wine growing regions
in the immediate vicinity, such as Yamhill-Carlton District's 42
inches, Chehalem Mountains' 37-60 inches, and Dundee Hills' 30-45
inches.
Proposed Boundaries
The USGS maps required for determining the boundary of the proposed
Ribbon Ridge viticultural area are:
(1) Laurelwood Quadrangle, Oregon, 7.5 Minutes Series, 1956,
revised 1978; and
(2) Dundee Quadrangle, Oregon, 7.5 Minute Series, 1956, revised
1993.
A complete description of the proposed area's boundaries is found
in the proposed rule text below.
Public Participation
Comments Sought
We request comments from anyone interested. Please support your
comments with specific information. Examples include name evidence and
data about growing conditions or area boundaries. All comments must
include your name and mailing address, reference this notice number,
and be legible and written in language generally acceptable for public
disclosure.
Although we do not acknowledge receipt, we will consider your
comments if we receive them on or before the closing date. We will
consider comments received after the closing date if we can. We regard
all comments as originals.
Confidentiality
We do not recognize any submitted material as confidential. All
comments are part of the public record and subject to disclosure. Do
not enclose in your comments any material you consider confidential or
inappropriate for disclosure.
Submitting Comments
You may submit comments in any of four ways.
[sbull] By mail: You may send written comments to TTB at the
address listed in the ADDRESSES section.
[sbull] By facsimile: You may submit comments by facsimile
transmission to 202-927-8525. Faxed comments must--
(1) Be on 8.5 by 11-inch paper;
(2) Contain a legible, written signature; and
(3) Be five or less pages long. This limitation assures electronic
access to our equipment. We will not accept faxed comments that exceed
five pages. [sbull] By e-mail: You may e-mail comments to nprm@ttb.gov.
Comments transmitted by electronic-mail must--
(1) Contain your e-mail address;
(2) Reference this notice number on the subject line; and
(3) Be legible when printed on 8.5 by 11-inch paper.
[sbull] By online form: We provide a comment form with the online
copy of this proposed rule. See the TTB Internet Web site at http://www.ttb.gov/alcohol/rules/index.htm
and select ``Send comments via e-
mail'' under this notice number.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine, in light of all circumstances, whether a public hearing
will be held.
Disclosure
You may view copies of the petition, the proposed regulations, the
appropriate maps, and any comments by
[[Page 62263]]
appointment in our library at 1310 G Street, NW., Washington, DC 20005.
You may also obtain copies at 20 cents per page. Telephone our
librarian at 202-927-8210 if you want to schedule an appointment or to
request copies of comments.
For your convenience, we will post comments received in response to
this notice on the TTB Web site. We may omit voluminous attachments or
material that we consider unsuitable for posting. In all cases, the
full comment will be available in our reference library. To view the
online copies of the comments on this rulemaking, visit http://www.ttb.gov/alcohol/rules/index.htm
and select the ``View comments''
link under this notice number.
Regulatory Analyses and Notices
Paperwork Reduction Act
We propose no requirement to collect information. Therefore, the
provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, and
its implementing regulations, 5 CFR part 1320, do not apply.
Regulatory Flexibility Act
We certify that this proposed regulation, if adopted, will not have
a significant economic impact on a substantial number of small
entities. This proposed regulation imposes no new reporting,
recordkeeping, or other administrative requirements. Any benefit
derived from the use of a viticultural area name would be the result of
a proprietor's efforts and consumer acceptance of wines from that area.
Therefore, no regulatory flexibility analysis is required.
Executive Order 12866
This proposed rule is not a significant regulatory action, as
defined by Executive Order 12866, 58 FR 51735. Therefore, it requires
no regulatory assessment.
Drafting Information
The principal author of this document is B.J. Kipp, Regulations and
Procedures Division (Portland, Oregon), Alcohol and Tobacco Tax and
Trade Bureau.
List of Subjects in 27 CFR Part 9
Wine.
Authority and Issuance
For the reasons discussed in the preamble, we propose to amend
title 27, Code of Federal Regulations, part 9, American Viticultural
Areas, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
2. Subpart C is amended by adding Section 9.---- to read as
follows:
Subpart C--Approved American Viticultural Areas
* * * * *
Sec. 9.---- Ribbon Ridge.
(a) Name. The name of the viticultural area described in this
section is ``Ribbon Ridge''.
(b) Approved Maps. The appropriate maps for determining the
boundary of the Ribbon Ridge viticultural area are two 1:24,000 scale,
United States Geological Survey, topographic maps. They are:
(1) Laurelwood Quadrangle, Oregon, 7.5 Minutes Series, 1956,
photorevised 1978; and
(2) Dundee Quadrangle, Oregon, 7.5 Minute Series, 1956 (revised
1993).
(c) Boundaries. Ribbon Ridge viticultural area, located in northern
Yamhill County, Oregon, between Newberg and Gaston, consists of the
land at 240 feet in elevation or above within this 9.85-mile
circumferential county road loop:
(1) The point of beginning is on the Laurelwood Quadrangle map, in
Yamhill County, section 58, R3W, T2S, where the 240-foot contour line
intersects with North Valley Road at the southern edge of the map;
(2) Proceed north 0.6 miles along the North Valley Road until it
intersects with Albertson Road (shown but unnamed on the Laurelwood
Quadrangle);
(3) Proceed east 0.2 miles along Albertson Road until it intersects
with Dopp Road. (Approximate elevation ranges from 220 to 240 feet over
this distance.);
(4) Proceed south, then east, and then south again 1.6 miles along
Dopp Road (beside Ayres Creek) to the southern edge of the map, section
53, R3W, T2S. (Approximate elevation ranges from 220 to 460 feet over
this distance.);
(5) Continue on the Dundee Quadrangle map, section 53, R3W, T2S.
Proceed south 2.15 miles on Dopp Road to slightly south of the
intersection of Dopp Road and Calkins Lane where the 240-foot contour
line crosses Dopp Road. (Elevation ranges approximately 400-240 feet
over this distance.);
(6) Proceed south on Dopp Road 1.1 miles to its intersection with
North Valley Road. (Elevation ranges from 180 to 260 feet over this
distance.);
(7) Proceed west on North Valley Road 1.0 miles to its intersection
with Ribbon Ridge Road. (Elevation ranges from 180 to 260 feet over
this distance.); and
(8) Proceed generally north on North Valley Road 3.2 miles to the
northern edge of the Dundee Quadrangle to where the 240-foot contour
line intersects with North Valley Road (the point of beginning),
section 58, R3W, T2S. (Approximate elevation ranges from 180 to 220
feet over this distance.).
Signed: October 1, 2003.
Arthur J. Libertucci,
Administrator.
[FR Doc. 03-27586 Filed 10-31-03; 8:45 am]
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