[Federal Register Volume 64, Number 29 (Friday, February 12, 1999)]
[Notices]
[Pages 7162-7163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3447]
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DEPARTMENT OF AGRICULTURE
Forest Service
Environmental Impact Statement Preparation for the Big Run
Project, Allegheny National Forest, Elk County, PA
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: In accordance with the National Environmental Policy Act,
notice is hereby given that the Forest Service, Allegheny National
Forest will prepare an Environmental Impact Statement to disclose the
environmental consequences of the proposed Big Run Project.
The purpose of this project is to move from the Existing Condition
towards the Desired Future Condition (DFC) as detailed in the Allegheny
National Forest Land and Resource Management Plan (Forest Plan). The
Forest Plan allocates land to management where wood production is one
of the featured objectives (Management Area 3.0). The Big Run project
is located entirely within this management area.
In order to move towards the DFC, the early successional age class
(0-20 year age) needs to increase; healthy forested stands capable of
producing high quality, high value sawtimber need to be maintained; and
understories dominated by fern, grass or undesirable woody vegetation
need to develop seedling vegetation. Project proposals include timber
havesting as a means for making desired changes to forest vegetation
and satisfying the demonstrated public need for wood products. Our
proposed action to meet the purpose and need includes 410 acres of
regeneration harvests to bring the onset of a new forest; herbicide,
fertilizer, fencing, mechanical site preparation, and planting to
ensure seedling establishment and growth in understories; and 476 acres
of thinning in immature stands to reduce the competition for light and
nutrients, thereby improving the health and vigor of residual trees.
Associated with these silvicultural activities includes approximately
one mile of new road construction, six miles of road restoration, 12
miles of road betterment, approximately one half mile of road
obliteration, and additional stone pit development to provide an
adequate long-term transportation system. Wildlife habitat improvement
measures in the form of plantings, fish habitat improvements and
stocking, and wood duck nest box placement serve to supplement the
existing conditions.
After completion of the analysis, the responsible official will
select an alternative that maximizes net public benefits for the Big
Run Project area.
DATES: The public is asked to provide comments, suggestions, and
recommendations for achieving the purpose and need for the Big Run
Project. The public comment period will be for 30 days from the date
the Environmental Protection Agency publishes this notice of
availability in the Federal Register. Comments and suggestions should
be submitted in writing and postmarked by March 9, 1999 to ensure
timely consideration. To assist in commenting, a scoping letter
providing more detailed information on the project proposal has been
prepared and is available to interested parties.
FOR FURTHER INFORMATION CONTACT: Submit written comments and
suggestions concerning the proposed action to: ``Big Run Project'',
attention Mary Schoeppel--ID Team Leader, Marienville Ranger District,
HC2 Box 130, Marienville, PA 16239. For further information, contact
Mary [email protected](814) 927-6628.
SUPPLEMENTARY INFORMATION: The issue of uneven-aged management often
arises during the scoping process for projects such as this. We will
therefore include at least one alternative to the Proposed Action which
will evaluate the effects of applying uneven-aged management
techniques. Issues which are generated through the scoping process may
generate additional alternatives.
Comments considered beyond the scope of this project and which will
not be evaluated include whether or not commercial timber harvest
should occur on National Forest System lands; the validity of the
science of silviculture and forest management; and whether or not to
allow the use of herbicides on the Allegheny National Forest on a
programmatic level.
Comments received in response to this solicitation, including names
and addresses of those who comment, will be considered part of the
public record on this proposed action and will be available for public
inspection. In a recent legal opinion, the Forest Service's Office of
General Council (OGC) has determined that names and addresses of people
who respond to a Forest Service solicitation are not protected by the
Privacy Act and can be released to the public. The Forest Service
routinely gives notice of and requests comments on proposed land and
resource management actions accompanied by environmental documents, as
well as on proposed rules and policies. Comments received in response
to such solicitations, including names and addresses of those who
comment, will be considered part of the public record and will be
available for such inspection, upon request. 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. The
opinion states that such confidentiality may be granted in only very
limited circumstances, such as to protect trade secrets.
The Draft EIS is expected to be filed with the Environmental
Protection Agency and to be available for public review during June of
1999. At that time, the Environmental Protection Agency (EPA) will
publish in the Federal Register a notice of availability of the draft
environmental impact statement. The comment period on the draft will be
45 days from the date the EPA notice appears 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
draft environmental impact statements must structure their
participation in the environmental review of the proposals so that it
is meaningful and alerts an agency to the reviewers 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 environmental impact statement stage may be waived if not raised
until after completion of the full environmental impact statement, City
of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1988), 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 environmental impact
statement.
Comments on the draft environmental impact statement should be as
specific as possible. It is also helpful if comments refer to specific
pages or
[[Page 7163]]
chapters of the draft statement. Comments may also address the adequacy
of the draft environmental impact statement or the merits of the
alternatives formulated and discussed in the statement (Reviewers may
wish to refer to CEQ Regulations for implementing the procedural
provisions of the National Environmental Policy Act at 40 CFR 1503.3 in
addressing these points). After the comment period ends on the draft
environmental impact statement, the comments received will be analyzed
and considered by the Forest Service in preparing the final
environmental impact statement.
The final environmental impact statement is scheduled to be
completed in October, 1999. In the final EIS, the Forest Service is
required to respond to the comments received (40 CFR 1503.4). The
responsible official will consider the comments, responses,
environmental consequences discussed in the environmental impact
statement, and applicable laws, regulations and policies in making a
decision regarding this proposal. The responsible official will
document the decision and reasons for the decision in a Record of
Decision. That decision will be subject to appeal under 36 CFR part
215.
The responsible official is Leon Blashock, District Ranger,
Allegheny National Forest, HC2 Box 130, Marienville, PA 16239.
Dated: February 2, 1999.
Leon Blashock,
District Ranger.
[FR Doc. 99-3447 Filed 2-11-99; 8:45 am]
BILLING CODE 3410-11-M
