[Federal Register Volume 59, Number 159 (Thursday, August 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20269]
[[Page Unknown]]
[Federal Register: August 18, 1994]
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DEPARTMENT OF AGRICULTURE
Suitability Study of Wilson Creek for Inclusion in the National
Wild and Scenic Rivers System; Pisgah National Forest (National Forests
in North Carolina), Avery and Caldwell Counties, NC
AGENCY: USDA, Forest Service.
ACTION: Notice of Intent to prepare an environmental impact statement.
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SUMMARY: The Forest Service will prepare a draft and final
environmental impact statement (EIS) to evaluate the environmental
impacts of including suitable segments of Wilson Creek, classified as
wild, scenic, and/or recreational, in the National Wild and Scenic
Rivers System. The decision to recommend the nomination of suitable
river segments to the National Wild and Scenic Rivers System rests with
the Secretary of Agriculture. The Wild and Scenic Rivers Act (Pub. L.
90-542) reserves to Congress the authority to include rivers in the
National Wild and Scenic Rivers System.
The agency invites written comments on the suitability of this
river for designation and on significant issues related to including it
in the National Wild and Scenic Rivers System. In addition, the agency
gives notice of the full environmental analysis and decision making
process that has been occurring on the proposal so that interested and
affected people are aware of how they may participate and contribute to
the final decision. The Supervisor of the National Forests in North
Carolina is responsible for the preparation of the EIS.
ADDRESSES: Send written comments to Wilson Creek Wild and Scenic River
Study, c/o Randle Phillips, Forest Supervisor, P.O. Box 2750,
Asheville, NC 28802.
FOR FURTHER INFORMATION CONTACT:
Melinda McWilliams, Wild and Scenic Rivers Study Team Leader, U.S.
Forest Service, P.O. Box 2750, Asheville, NC 28802, 704/257-4253.
SUPPLEMENTARY INFORMATION: In 1982, the Nationwide River Inventory
developed by the National Park Service, U.S. Department of Interior,
identified Wilson Creek as a potential wild and scenic study river. The
1987 Final Environmental Impact Statement (FEIS) for the Land and
Resource Management Plan for the Nantahala and Pisgah National Forests
determined Wilson Creek to be eligible for designation, with potential
wild and recreational classifications for different segments, but not
suitable. This finding of not suitable was appealed. This analysis,
begun in 1990, is being conducted in response to that appeal. The
decision to be made in the river study is whether or not the river is
suitable for designation. If found suitable, the decision to be made in
the EIS is whether or not to recommend all or portions of the suitable
segments for designation and inclusion in the National Wild and Scenic
Rivers System. Based on the final recommendation made by the Secretary
of Agriculture, the Forest Plan will be amended as appropriate.
The study and EIS will consider Wilson Creek in its entirety, from
its headwaters on Grandfather Mountain to its confluence with Johns
River, for a total of 23.3 miles. The area of consideration is a
corridor a minimum of \1/4\ mile from each stream bank for the entire
length of the study segment. This corridor includes both public and
private lands.
Significant issues identified during initial scoping include the
potential for designation to restrict undesirable uses on private lands
within the river corridor, the effects of designation on private lands,
and protection of the free-flowing condition and resource values of the
river. Some people oppose any type of federal designation.
A range of alternatives will be developed based on issues and
concerns raised during the study process. As a minimum, one alternative
will maintain current management with a recommendation of
nondesignation for Wilson Creek (the no action alternative). Other
potential alternatives include: 1. Recommend designation for all
eligible segments. 2. Recommend designation or nondesignation for
specific river segments based on identified issues. The environmental
impact statement will disclose the direct, indirect, and cumulative
effects of implementing each alternative.
Public participation is important at several points during the
analysis process. The first point was the scoping process (40 CFR
1501.7). The scoping process includes, but is not limited to: (1)
Identifying potential issues, (2) identifying issues to be analyzed in
depth, (3) eliminating insignificant issues or those that have been
covered by a relevant previous environmental analysis, (4) exploring
additional alternatives, and (5) identifying potential (direct,
indirect, and cumulative) environmental effects of the alternatives.
During the scoping process, the Forest Service sought information,
comments, and assistance from Federal, State, and local agencies and
individuals or organizations who may be interested in or affected by
the proposal. News releases were published in local newspapers and
individual letters were distributed to government agencies,
organizations, landowners along the rivers and individuals assumed to
be interested in this action. Informal contacts through phone calls and
visits have also occurred throughout the study. Additional mailings and
media releases will occur when the Draft EIS and Final EIS are
completed and available for public review.
The responsible official is Mike Espy, Secretary of Agriculture,
Administration Bldg., 12th Street and Jefferson Drive, S.W.,
Washington, DC 20250.
The Draft Environmental Impact Statement is expected to be filed
with the Environmental protection Agency (EPA) and available for public
review by November 1994. The comment period on the draft environmental
impact statement will be 45 days from the date the EPA publishes the
Notice of Availability in the Federal Register.
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. Upon release of the
draft environmental impact statement, projected for November 1994,
reviewers 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 environmental impact statement stage,
but are not raised until after the completion of the final
environmental impact statement may be waived or dismissed by the
courts. City of Angoon v. Hodel, 803F.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 proposal 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 and respond to them in the Final Environmental Impact
Statement.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, comments on the draft
environmental impact statement should be as specific as possible. It is
also helpful if comments refer to specific pages and 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 the Council on Environmental Quality Regulations for implementing
the procedural provisions at 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 will be analyzed and considered by the Forest
Service in preparing the final environmental impact statement. The
final EIS is scheduled to be completed by June 1995.
The Secretary of Agriculture will consider comments, responses, and
environmental consequences discussed in the final environmental impact
statement and applicable laws, regulations, and policies in making his
recommendation to the President regarding the suitability of this river
for inclusion in the National Wild and Scenic Rivers System. The
decision on the inclusion of a river in the National Wild and Scenic
Rivers System rests with the United States Congress.
Dated: August 8, 1994.
Sterling J. Wilcox,
Acting Associate Deputy Chief, National Forest System.
[FR Doc. 94-20269 Filed 8-17-94; 8:45 am]
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