[Federal Register Volume 59, Number 96 (Thursday, May 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12249]
[[Page Unknown]]
[Federal Register: May 19, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Hex Trail Road Access, Wenatchee National Forest, Kittitas
County, WA
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
-----------------------------------------------------------------------
SUMMARY: The Forest Service, USDA, will prepare an environmental impact
statement (EIS) to analyze and disclose the environmental impacts of a
site-specific proposal to issue a permit and authorize construction of
a road across National Forest System (NFS) lands located in the Corral
Creek Drainage. The action is proposed in response to an application
seeking legal access to approximately 616 acres of non-Federal land
located within the Forest Boundary on the Cle Elum Ranger District. The
proposed action is located approximately 9 miles northwest of Cle Elum,
Washington. The purpose of the EIS will be to develop and evaluate a
range of alternatives including a no action Alternative, and possible
additional alternatives to respond to issues identified during the
scoping process. The proposed project will be in compliance with the
direction in the Wenatchee National Forest Land and Resource Management
Plan (March 1990) which provides the overall guidance for management of
the area. The agency invites written comments on the scope of this
project. In addition, the agency gives notice of this analysis so that
interested and affected people are aware of how they may participate
and contribute to the final decision.
DATES: Comments concerning the scope of this proposal must be received
by June 10, 1994.
ADDRESSES: Submit written comments and suggestions to Sonny J. O'Neal,
Forest Supervisor, Wenatchee National Forest, P.O. Box 811, Wenatchee,
Washington 98807.
FOR FURTHER INFORMATION CONTACT: Questions and comments about this EIS
should be directed to Douglas Campbell, Lands Specialist, Cle Elum
Ranger District, 803 West Second, Cle Elum, Washington 98922; phone
(509) 674-4411.
SUPPLEMENTARY INFORMATION: The Wenatchee National Forest is initiating
this action in response to an application filed by Plum Creek Timber
Company. The applicant requests a right-of-way across NFS lands for the
purpose of establishing temporary legal access to approximately 616
acres in one section of land owned by the applicant. The section of
land to be accessed is surrounded by NFS lands and no legal road access
to the section currently exists.
The applicant seeks legal access pursuant to the Alaska National
Interest Lands Conservation Act (ANILCA). The ANILCA directs the Forest
Service to grant access to inholdings of non-Federal land within the
National Forest boundary for the reasonable use and enjoyment of those
lands by the landowner. The applicant has stated that it intends to
manage the lands to be accessed for long term timber production
utilizing conventional ground based logging systems. The applicant
intends to build a road on the permitted right-of-way sufficient to
support the intended use of the land. The access involves approximately
150 feet of new road on .30 acres of NFS land.
A range of alternatives will be considered, including a no action
alternative. Other alternatives will be developed in response to issues
received during scoping.
The major issues that have been identified to date include the
following: water quality; fisheries; Snoqualmie Pass Adaptive
Management Area; Teanaway Recreation Area; habitat for spotted owl,
peregrine falcon and the gray wolf; cumulative effects of both the road
access and the management of the private land and Forest Service.
Public participation will be especially important at several points
during the analysis. The Forest Service will be seeking information,
comments, and assistance from Federal, State, and local agencies, and
other individuals or organizations who may be interested in or affected
by the proposed actions. This information will be used in preparation
of the draft EIS. The scoping process includes:
1. Identifying potential issues.
2. Identifying issues to be analyzed in depth.
3. Eliminating insignificant issues or those which have been
covered by a relevant previous environmental process.
4. Exploring additional alternatives.
5. Identifying potential environmental effects of the proposed
action and alternatives (i.e. direct, indirect, and cumulative effects
and connected actions).
6. Determining potential cooperating agencies and task assignments.
The draft EIS is expected to be filed with the Environmental
Protection Agency (EPA) and to be available for public reivew by
January 31, 1995. At that time, copies of the draft EIS will be
distributed to interested and affected agencies, organizations, and
members of the public for their review and comment. EPA will publish a
notice of availability of the draft EIS is the Federal Register.
The comment period on the draft EIS will be no less than 45 days
from the date the EPA notice appears in the Federal Register. It is
very important that those interested in the management of the Wenatchee
National Forest participate at that time.
The Forest Service believes, 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 EIS's 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 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 EIS. 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 May 1, 1995. 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 this proposal. Sonny J. O'Neal, Forest Supervisor, Wenatchee
National Forest is the responsible official. As the responsible
official he will document the decision and reasons for the decision in
the Record of Decision. That decision will be subject to Forest Service
appeal regulations (36 CFR 215).
Dated: May 10, 1994.
Sonny J. O'Neal,
Forest Supervisor.
[FR Doc. 94-12249 Filed 5-18-94; 8:45 am]
BILLING CODE 3410-11-M
