[Federal Register: July 3, 2002 (Volume 67, Number 128)]
[Notices]
[Page 44589-44591]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy02-31]
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DEPARTMENT OF AGRICULTURE
Forest Service
Cedar City Ranger District, Dixie National Forest; Utah; Duck
Creek--Swains Access Management Project
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: Notice is hereby given that the Forest Service, USDA, will
prepare an environmental impact statement (EIS) for the Forest Service
to implement proposals within the Duck Creek--Swains Access Management
Project area, on the Cedar City Ranger District, Dixie National Forest,
1789 N Wedgewood Lane, Cedar City, Utah 84720-7769; FAX: (435) 865-
3791; e-mail: psummers@fs.fed.us. This is a revision in accordance with
the Federal Register stating that a revised notice to intent is require
due to a major change. The original notice of Intent for this project
was published in the Federal Register May 21, 2001 (Vol. 66, No. 98,
Pages 27934 to 27936). Six months from
[[Page 44590]]
May 21, 2001 would be November 21, 2001, therefore a revision is
required.
DATES: The DEIS is expected to be available for review by June 2002.
The Record of Decision and Final Environmental Impact Statement are
expected to be available by September 2002. The comment period on the
draft environmental impact statement will be 45 days from the date the
Environmental Protection Agency publishes the notice of availability in
the Federal Register.
ADDRESSES: Send written comments to Priscilla Summers, Project Leader,
Cedar City Ranger District, 1789 N Wedgewood Lane, Cedar City, Utah,
84720-7769; FAX: (435) 865-3791; e-mail psummers@fs.fed.us. For further
information, mail correspondence to Cedar City Ranger District, Dixie
National Forest, 1789 N Wedgewood Lane, Cedar City, Utah, 84720-7769;
FAX: (435) 865-3791; e-mail psummers@fs.fed.us.
FOR FURTHER INFORMATION CONTACT: Priscilla Summers, Cedar City Ranger
District, Dixie National Forest, 1789 N Wedgewood Lane, Cedar City,
Utah, 84720-7769; FAX: (435) 865-3791; e-mail: psummers@fs.fed.us.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
The purpose of these proposals is to initiate actions that would
improve the motorized transportation system, improve habitat for
wildlife, and reduce sedimentation and erosion. The project area is
located approximately 24 miles east of Cedar City, Utah. The project
would be implemented in accordance with direction in the Land and
Resource Management Plan (Forest Plan) for the Dixie National Forest,
1986.
Proposed Action
The proposed action includes:
1. Maintain approximately 222 miles of road open to motorized
vehicle travel. Approximately 32 miles of this mileage consists of
State Highways 14 and 89, plus the Mammoth Creek Road. These three
roads are open but restricted to street legal vehicles only. (This does
not include approximately 61 miles on private land that would remain
open in the Duck/Swains area.)
2. Provide approximately 35 miles of motorized vehicle trail by
restricting travel to motorized trail use on approximately 33 miles of
road, and constructing approximately 2 miles of new trail. This does
not include the Duck Creek ATV Trail system, which is 8.5 miles.
3. Remove (decommission) approximately 123 miles of unneeded road
from the Forest Transportation System close to motorized use, and
restore to a more natural state.
4. Close approximately 178 miles of road to motorized use,
retaining them on the Forest Transportation System for forest
management or emergency use.
5. Implement a Code of Federal Regulations Special Order in the
Dixie National Forest Travel Map superceding the existing order that
would change the wording from: ``roads not shown on the map are open to
motorized use unless posted as closed on the ground'', to: ``all roads
are close unless designated open'' in the Duck Creek--Swains Area.
6. Relocate approximately one-half mile of the Bower's Flat road
out of a wet meadow.
7. Any new roads (regardless of origin) inventoried after this
proposal and corresponding decision will be decommissioned using
existing authority.
These activities would occur over five years, with the Strawberry
Creek and Swains Creek watersheds implemented last.
Possible Alternatives
Four tentative alternatives excluding the Proposed Action and the
No Action Alternative have been developed to address the issues listed
in this notice. These are:
Alternative C Responds to Issue 1--All closed
roads would be decommissioned--301 miles
Alternative D responds to issue 2 with 265 miles
of road open and 35 miles of motorized trail open.
Alternative E Responds to Issue 3 with 303 miles
of road and 35 miles of motorized trail open.
Alternative F Responds to Issues 4 and
5. 193 miles of road and 29 miles of motorized trail open).
Responsible Official
Mary Wagner, Forest Supervisor, Dixie National Forest, 1789 N
Wedgewood Lane, Cedar City, Utah, 84720-7769.
Nature of Decision To Be Made
Based on the environmental analysis in this Draft EIS, the Dixie
National Forest Supervisor will decide whether or not to retain, close,
relocate, or decommission roads and motorized trails within the Duck/
Swains Area in accordance with Forest Plan goals, objectives and
desired future conditions. The Forest Supervisory will decide whether
to implement an action alternative, a modified action alternative, or
the no action alternative. If an action alternative is selected, it may
include:
The miles and location of roads to retain open;
The miles and location of roads to close;
The miles and location of roads to decommission;
The miles and location of new motorized trails to
construct;
The miles and location of roads to restrict for motorized
trail use;
The location of a new motorized bridge across Swains
Creek;
Changing the Code of Federal Regulations Order to
implement closed unless designated open; and/or
Mitigation measures and monitoring requirements.
This decision does not include a forest plan amendment.
Scoping Process
On May 21, 2001, we published a notice in the Federal Register
(Vol. 66, No. 98, pgs 27934-27936) soliciting public involvement in the
development of issues necessary to complete an analysis of the
environmental impacts of reducing roads in the Duck Creek-Swains area
of the Cedar City Ranger District on the Dixie National Forest. We
solicited comments on that notice for 45 days and received 184
comments. We will consider all the comments that we received in
response to our May 21, 2001 notice during the preparation of the EIS
that is the subject of this notice. Therefore, if you submitted
comments in response to the March 2001 notice, you do not need to
resubmit those comments in order for the information provided in them
to be considered during the development of the EIS.
Preliminary Issues
Issues identified to date include the following:
1. Open and closed roads cause resource impacts such as
fragmentation and sedimentation.
2. Some of the roads proposed for closure or decommissioning
provide access to scenic vistas, woodcutting, picnicking, hunting, and
camping. Closing or decommissioning roads would eliminate access to
these areas.
3. Increasing ATV and OHV use on the fewer roads left open would
not meet current and anticipated demand increase would cause the
potential for user conflicts, congestion and displacement.
4. Use on some roads left open could cause impacts to goshawk and
peregrine falcon nesting areas, rims, meadows, and other sensitive
areas for wildlife.
5. Existing roads cause changes in natural drainage patterns by
intercepting subsurface flow, preventing infiltration and redirecting
flow.
[[Page 44591]]
Comment Requested
This notice of intent continues the scoping process which guides
the development of the environmental impact statement. On May 21, 2001,
we published a notice in the Federal Register (Vol. 66, No. 98, pgs
27934-27936) soliciting public involvement in the development of issues
necessary to complete an analysis of the environmental impacts of
reducing roads in the Duck Creek-Swains area of the Cedar City Ranger
District on the Dixie National Forest. We solicited comments on that
notice for 45 days and received 184 comments. We will consider all the
comments that we received in response to our May 21, 2001 notice during
the preparation of the EIS that is the subject of this notice.
Therefore, if you submitted comments in response to the March 2001
notice, you do not need to resubmit those comments in order for the
information provided in them to be considered during the development of
the EIS.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review
A draft environmental impact statement will be prepared for
comment. The comment period on the draft environmental impact statement
will be 45 days from the date the Environmental Protection Agency
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. First, reviewers of
draft environmental impact statements 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 that are not raised
until after completion of the final environmental impact statement 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 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 or 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 of the National Environmental Policy Act at
40 CFR 1503.3 in addressing these points.
Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21.
Dated: May 23, 2002.
Mary Wagner,
Forest Service, Dixie National Forest.
[FR Doc. 02-16709 Filed 7-2-02; 8:45 am]
BILLING CODE 3410-11-M
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