[Federal Register Volume 64, Number 246 (Thursday, December 23, 1999)]
[Notices]
[Pages 72065-72066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32830]
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DEPARTMENT OF AGRICULTURE
Forest Service
Deep Vegetation Management Project, Ochoco National Forest, Crook
and Wheeler Counties, 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) on a Proposed Action to complete silvicultural
treatments, including commercial harvest, pre-commercial thinning, and
prescribed fire, to improve the health and diversity of forest stands
in the Deep Creek Watershed. The Deep Creek Watershed is located
approximately 60 miles northeast of Prineville, Oregon and covers
approximately 55,400 acres. Approximately 97 percent of the watershed
is National Forest System land. The project is proposed for fiscal
years 2000 through 2004. The Ochoco National Forest invites written
comment on this proposal and the scope of analysis. The agency will
give notice of the full environmental analysis and decision making
process for the proposal so interested and affected people may
participate and contribute to the final decision.
DATES: Send written comments and concerns on the issues and management
of this area by February 15, 2000.
ADDRESSES: Send written comments to Thomas A. Schmidt, Forest
Supervisor, Ochoco National Forest, P.O. Box 490, Prineville, Oregon
97754, or Eugene Skrine, District Ranger, Paulina Ranger District, 7803
Beaver Creek Road, Paulina, Oregon 97751.
FOR FURTHER INFORMATION CONTACT: Tom Mafera, Deep Project Leader,
Paulina, Ranger District, 7803 Beaver Creek Road, Paulina, OR 97751,
phone (541) 477-6910.
SUPPLEMENTARY INFORMATION: The Forest Service Proposed Action will
conduct management activities, including commercial timber harvest,
pre-commercial thinning, and prescribed fire, in the Deep Creek
Watershed. Based on an analysis of existing vegetation conditions in
the Deep Creek Watershed, opportunities were identified to conduct
silvicultural treatments to improve the health and diversity of
forested stands. Silvicultural treatments include approximately 8,000
acres of thinning/selection harvest and approximately 25,000 acres of
low intensity prescribed burning. This Proposed Action will to develop
opportunities for post/pole/chip/firewood products from small-sized
trees. The proposal will develop habitat improvement projects for a
variety of wildlife, fish, and sensitive plant species. There will be
road development and/or repair to access the treatment areas.
Approximately 10 miles of currently existing roads will be
decommissioned or obliterated. Roads currently closed will be re-
assessed.
The purpose and need for action is to provide landscape-level
health and diversity within the project area. Also to provide multiple
use benefits: such as wildlife and fish habitat restoration; riparian
and watershed restoration; visual quality; and timber products.
All activities will be consistent with the 1989 Ochoco National
Forest Land and Resource Management Plan as amended by the 1995 Inland
Native Fish Strategy and the Regional Foresters Forest Plan Amendment
#2. This project will also be guided by the recommendations in the Deep
Creek Watershed Analysis.
The decision-to-be-made will include whether, where, and/or how
much of each proposed vegetation activity should occur, and/or how much
road and where decommissioning, repair, obliteration, or construction
should occur.
The northern edge of the project area follows the ridgeline north
of Forest Road (FR) 2630 east from the western district boundary
through Buck Point, and Camp Weston Point. The eastern edge follows the
ridgeline from Camp Weston Point southeasterly to Alder Springs. From
Alder Springs it goes south and follows FR 1200 to the junction of FR
1200/1250, southeasterly to Bear Mountain and south to FR 42. FR 42
bounds the southern edge west to Dry Reservoir, southwest through Twin
Springs to the North Fork Crooked River. The western boundary is from
the North Fork Crooked River north along the Paulina/Big Summit Ranger
District boundary to just north of FR 2630. The project area includes
portions of the following streams: Deep Creek, Little Summit Creek,
Happy Camp Creek, Jackson Creek, Double Corral Creek, Chamberlin Creek,
Toggle Creek, Buck Hollow Creek, Derr Creek, Haypress Creek, Big Spring
Creek, and branches of Crazy and Thorton Creeks.
Preliminary issues have been identified: landscape level pattern
and vegetative diversity; water quality and fish habitat; fuels and
fire hazard, effects on soils, and effects on proposed endangered,
threatened or sensitive species.
Alternatives to be considered will include the no action
alternative, plus action alternatives that will be developed in
response to key issues. The action alternatives will include various
levels of commercial harvest, pre-commercial thinning, prescribed fire,
road work, and fish, wildlife and riparian habitat improvement
projects.
Initial scoping began in October 1999. 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 may be granted in only 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 expected to be completed in April 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 ruling related to public
participation in the environmental review process. First,
[[Page 72066]]
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 in June 2000. 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 Deep Vegetation Management Project.
The Forest Service is the lead agency. Thomas A. Schmidt, Forest
Supervisor, is the Responsible Official. The Responsible Official will
determine which alternative best meets the purpose and need of this
project and addresses the key issues raised about this project. The
decision and rationale will be documented in the Record of Decision.
The decision will be subject to Forest Service Appeal Regulations (36
CFR Part 215).
Dated: December 7, 1999.
Thomas A. Schmidt,
Forest Supervisor.
[FR Doc. 99-32830 Filed 12-22-99; 8:45 am]
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