[Federal Register Volume 65, Number 10 (Friday, January 14, 2000)]
[Notices]
[Pages 2371-2372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-914]
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DEPARTMENT OF AGRICULTURE
Forest Service
South Bend Weigh and Safety Station, Deschutes National Forest,
Deschutes County, OR
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The USDA, Forest Service will prepare an environmental impact
statement (EIS) to evaluate a request by Oregon Department of
Transportation (ODOT) to construct and operate a vehicle weigh and
safety inspection station on Deschutes National Forest under authority
of a Special Use Permit. The proposed area is located on the northbound
lane of Highway 97, south of Bend, Oregon, between milepost 145 and
148. The legal location is Township 19S, Range 11E, Section 1, NE\1/4\,
Willamette Meridian.
DATES: Issues and comments concerning the scope of analysis of the
Proposed Action should be received by February 14, 2000.
ADDRESSES: Submit written comments regarding the Proposed Action to
Mollie Chaudet, Project Team Leader, Bend-Fort Rock Ranger District,
1230 NE 3rd Street, Suite A-262, Bend, Oregon 97701.
FOR FURTHER INFORMATION CONTACT: Direct questions about the Proposed
Action and EIS to Chris Mickle, Attention: South Bend Weigh and Safety
Station, Bend-Fort Rock Ranger District, 1230 NE 3rd Street, Suite A-
262, Bend, Oregon 97701, phone 541-383-4721.
SUPPLEMENTARY INFORMATION: The Forest Service Proposed Action would
include clearing of approximately one acre of brush and trees to
accommodate construction of a building, bypass lanes for vehicle
acceleration and deceleration, and related areas for parking and
inspections. The size of the trees to be removed would average 14
inches diameter at chest height. The building is approximately 210
square feet and 12 feet high. The bypass lanes would measure 16 feet by
3,800 feet. The maximum width of the asphalt lanes, building, and
gravel shoulder would be 60 feet, tapering to 16 feet on both the
approach and exit lanes. A fuel break would be created east of the
cleared area for a perimeter of 10 feet around the facility where dead
fuels would be removed, trees would be pruned of limbs to at least
eight feet in height. Brush would be mechanically treated as needed.
Noxious weed control would emphasize early prevention and detection.
A Weigh in Motion (WIM)/Automatic Vehicle Identification (AVI)
system would be sited within one mile of the weigh station facility.
Equipment would include in-road sensors, a roadside computer cabinet
(77 inches x (44 inches x 26 inches), two overhead detectors (10
inches x 10 inches x 10 inches) mounted on two overhead detector
poles (14 feet 2 inches high x 4 inches diameter), an AVI cabinet (24
inches x 2 inches x 10 inches) mounted on a 5 foot tall AVI cabinet
pole (10 inches diameter), and two AVI poles that overhang the highway
spaced 600 feet apart from each other. Power would be supplied by
extending less than two miles of underground service in the existing
right-of-way along the east side of Highway 97. Highway signing would
include information about distances to the upcoming weigh station and
whether the facility is open, or not.
The Forest Service has agreed to consider a weigh station on
National Forest System lands based on the public need for the facility.
The facility cannot reasonably be served by the development on non-
National Forest System land. Analysis has indicated a high violation
rate in Central Oregon, especially trucks with a Bend and/or Redmond
destination that originate locally. The proposed location of the weigh
station and WIM sensors are within the Deschutes National Forest
boundary and cannot be easily bypassed via other routes. The Deschutes
National Forest Land and Resource Management Plan (LRMP) presently
allocates the proposed location to a management area that emphasizes
Scenic Views (Retention). The location is outside the boundary of the
Newberry National Volcanic Monument.
Alternatives to be considered will include the no action
alternative plus action alternatives that may include a modification of
the design or location of the proposed site. The selected alternative
may result in an amendment to the LRMP (Forest Plan).
[[Page 2372]]
Preliminary issues that have been identified include: (1) Placement
of a truck scale at this location could unnecessarily subject nearby
property owners and the High Desert Museum to an increased risk of
fire. (2) The proposed site could introduce hazardous traffic weaving
movements and speed differentials, and could promote traffic
congestion. (3) The truck scale could be contrary to Forest Plan Visual
Quality Objectives under the current land allocation (scenic views) and
could be an eyesore.
Public scoping will include a 30 day comment period in response to
a scoping letter mailed to interested people and posted on the
Deschutes National Forest website (www.fs.fed.us/r6/dechutes), and open
house, and additional public meetings as needed.
The public is invited to offer suggestions and comments in writing.
Comments received in response to this notice, including the names and
addresses of those who comment, will be considered part of the public
record on this proposal and will be available to public inspection.
Comments submitted anonymously will be accepted and considered;
however, those who submit anonymous comments will not have standing to
appeal the subsequent decision under 36 CFR part 215. Additionally,
pursuant to 7 CFR 1.27(d), any person may request the agency to
withhold a submission from the public record by showing how the Freedom
of Information Act (FOIA) permits such confidentiality. Persons
requesting such confidentiality should be aware that under the FOIA,
confidentiality may be granted in only very limited circumstances, such
as to protect trade secrets. The Forest Service will inform the
requester of the agency's decision regarding the request for
confidentiality, and where the request is denied, the agency will
return the submission and notify the requester that the comments may be
resubmitted with or without name and address within a specified number
of days.
The draft EIS is expected to be completed in September, 2000. The
comment period on the draft EIS will be 45 days from the date the
Environmental Protection Agency publishes the notice of availability in
the Federal Register.
The Forest Service believes it is important to give reviewers
notice at this early stage of several court rulings related to public
participation in the environmental review process. First, reviewers of
a draft EIS must structure their participation in the environmental
review of the proposal so that it is meaningful and alerts an agency to
the reviewer's position and contentions (Vermont Yankee Nuclear Power
Corp. v. NRDC, 435 U.S. 519, 553 (1978)). Also, environmental
objections that could be raised at the draft EIS 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
substantive comments and objections are made available to the Forest
Service at a time when it can meaningfully consider them and respond to
them in the final EIS.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, comments on the draft EIS should
be as specific as possible. It is also helpful if comments refer to
specific pages or chapters of the draft statement. Comments may also
address the adequacy of the draft EIS or the merits of the alternatives
formulated and discussed in the statement. (Reviewers may wish to refer
to the Council on Environmental Quality Regulations for implementing
the procedural provisions of the National Environmental Policy Act at
40 CFR 1503.3 in addressing these points.)
The final EIS is scheduled to be completed by January, 2001. In the
final EIS, the Forest Service is required to respond to comments and
responses received during the comment period that pertain to the
environmental consequences discussed in the draft EIS and applicable
laws, regulations, and policies considered in making the decision
regarding the South Bend Weigh and Safety Station.
The Forest Service is the lead agency. Sally Collins, Forest
Supervisor, is the Responsible Official. The Responsible Official will
determine which alternative best meets the purpose and need for this
project and addresses the key issues raised about this project. The
decision and rationale will be documented in the Record of Decision.
That decision will be subject to Forest Service Appeal Regulations (36
CFR Part 215).
Dated: January 6, 2000.
Rebecca Heath,
Deputy Forest Supervisor.
[FR Doc. 00-914 Filed 1-13-00; 8:45 am]
BILLING CODE 3410-11-M
