[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Notices]
[Pages 38432-38433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18769]
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DEPARTMENT OF AGRICULTURE
Forest Service
Taneum/Peaches Road Access Project, Wenatchee National Forest,
Kittitas County Washington
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare a supplement to a draft
environmental impact statement.
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SUMMARY: The Forest Service, USDA, will prepare a supplement to the
draft environmental impact statement (EIS) for the Taneum/Peaches Road
Access Project on the Wenatchee National Forest, which was released for
public
[[Page 38433]]
review in January 1996 (66 FR 2508). This supplement will document the
environmental analyses of additional information that was not included
in the original road access draft EIS. This new information includes:
change in the road access right-of-way; two additional alternative road
locations will be considered; and a third road access will be added.
The Forest Service gives notice of this analysis so that interested and
affected people are aware of how they may participate and contribute to
the final decision.
FOR FURTHER INFORMATION CONTACT:
Questions and comments about this supplement 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 additional right-of-way across National
Forest System (NFS) lands for the purpose of establishing legal access
to their lands. The information to be included in the supplement
includes a change in the road access right-of-way application from
temporary road permit to permanent road right-of-way; the addition of
two new alternatives for road locations in the Taneum and in the
Peaches Ridge project areas; and the addition of a third road access
project area, Big Bend, in the Little Creek drainage of the Yakima
River watershed. The proposed access involves approximately 38 feet of
road on .1 acres of NFS land for the Peaches section; 432 feet of road
on .7 acres of NFS land for the Tarneum section; and .6 miles of road
on 4.3 acres of NFS land for the Big Bend section.
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 in-holdings 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 roads on the permitted rights-of-way sufficient to
support the intended use of the land.
The supplement will be prepared and circulated in the same manner
as the draft EIS (40 CFR 1502.9). The supplement to this draft EIS is
expected to be released to the public for review in August 1996. The
comment period on the draft supplement will be 45 days from the date
the Environmental Protection Agency's notice of availability 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
a draft supplement to the 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
Yankees Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978). Also,
environmental objections that could be raised at the draft supplement
stage but that are not raised until after completion of the final EIS
may be waived or dismissed by the courts. City of Angood 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 supplement
should be as specific as possible. It is also helpful if comments refer
to specific pages or chapters of the draft supplement. Comments may
also address the adequacy of the supplemental EIS or the merits of the
alternatives formulated and discussed in the statement. (Reviewer may
wish to refer to the Council on Environmental Quality Regulations for
implementing the procedural provisions of the National Environment
Policy Act at 40 CFR 1503.3 in addressing these points.).
After the 45 day comment period ends on the draft supplement, the
comments will be analyzed and considered by the Forest Service in
preparing the final supplement. The final EIS is scheduled to be
completed by October 1996.
In the final EIS, the Forest Service is required to respond to the
comments received (40 CFR 1503.4). The responsible official, Forest
Supervisor Sonny J. O'Neal, will consider the comments, responses,
environmental consequences discussed in the EIS 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 the Record of Decision. The Forest Service decision will be
subject to Forest Service Appeal Regulations (36 CFR Part 215).
Dated: July 15, 1996.
Sonny J. O'Neal,
Forest Supervisor.
[FR Doc. 96-18769 Filed 7-23-96; 8:45 am]
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