[Federal Register: June 3, 2003 (Volume 68, Number 106)]
[Notices]
[Page 33092-33093]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn03-44]
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DEPARTMENT OF AGRICULTURE
Forest Service
Supplement to the Final Environmental Impact Statement for
Deadman Creek Ecosystem Management Projects, Colville National Forest,
Ferry County, WA
AGENCY: Forest Service.
ACTION: Notice of intent to prepare a supplement to a final
environmental impact statement.
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SUMMARY: The USDA Forest Service will prepare a supplement to the final
environmental impact statement (EIS) for the Deadman Creek Ecosystem
Management Projects on the Three Rivers Range District of the Colville
National Forest. The draft supplemental EIS will display the original
alternatives as described in the final EIS. Specific actions include
silviculture treatments that include timber harvest, pre-commercial
thinning post and pole removal, post harvest fuels treatments, natural
fuels under-burning, site preparation and reforestation, establishment
of marten and pileated woodpecker management requirement areas, new
road construction, road reconstruction, and road maintenance. The draft
supplemental EIS will add to and update the analysis described in the
final EIS. The supplemental information includes updated data in all
specialist reporting areas. Emphasis areas where considerable changes
were made in text and/or data include recreation/visuals, soils,
fishery biology, hydrology, transportation, and roadless area analysis.
There will be no additional scoping period on this project. There will
be a 45 day public review and comment period on the draft supplemental
EIS.
ADDRESSES: Send written comments regarding the scope of this
supplemental analysis to Rolando Ortegon, Acting Forest Supervisor,
Colville National Forest, 765 South Main, Colville, Washington 99114.
FOR FURTHER INFORMATION CONTACT: Tom Pawley, Deadman Creek Ecosystem
Management Projects Leader, Three Rivers Ranger District, 255 West
11th, Kettle Falls, Washington 99141, phone (509) 738-7700.
SUPPLEMENTARY INFORMATION: The Notice of Intent to prepare an
environmental impact statement (EIS) for this proposed action was
originally published in the Federal Register on November 12, 1996. The
draft EIS was released February 11, 2000 with the comment period ending
April 28, 2000. On March 20, 2001 the Record of decision (ROD) to
implement Alternative D (modified) of the Deadman Creek Ecosystem
Management Projects was signed. On September 7, 2001, the Colville
National Forest Supervisor withdrew the ROD. New supplemental
information will be analyzed in this draft supplemental EIS to address
issues raised by public and appellants in the appeal of the ROD.
The original key issues will guide the analysis. These issues are
the effects of new road construction, and the effects of entry into
inventoried roadless areas and other areas with similar
characteristics. The supplemental information to be analyzed includes:
a better defined purpose and need section; indicators or units of
measure for key issues; changes in regulations and requirements
regarding threatened, endangered, and sensitive wildlife and fish
species, and sensitive plant species, and how that affects the proposed
project; the results of additional field work conducted in soils and
hydrology; supplemental information on recreation within the project
areas; changes in direction regarding Inventories Roadless Areas and
other areas lacking classified roads; inclusion of a required Roads
Analysis report; and additional cumulative effects in most of the
resource areas.
The public is invited to offer suggestions and comments in writing
following the release of the draft supplemental EIS. Comments received,
including the names and addresses of those who comment, will be
considered part of the public record on this proposal and will be
available to public inspection. Comments submitted anonymously will be
accepted and considered; however, those who submit anonymous comments
will not have standing to appeal for subsequent decision under 36 CFR
part 215. Additionally, pursuant to 7 CFR 127(d); and any person may
request the agency to withhold a submission from the public record by
showing how the Freedom of Information (FOIA) permits such
confidentiality may be granted in only limited circumstances, such as
to protect trade secrets. The Forest Service will inform the requester
of the agency's decision regarding the request for confidentiality, and
where the request is denied, the agency will return the submission and
notify the requester that the comments may be resubmitted with or
without name and address within a specified number of days.
The draft supplemental EIS is expected to be filed with the
Environmental Protection Agency (EPA) and released for public review
June 2003. The comment period on the draft supplemental will be 45 days
from the date the EPA publishes the notice of availability in the
Federal Register.
The Forest Service believes it is important to give reviewers
notice of this early stage of several court rulings related to public
participation in the environmental review process. First, reviewers of
a draft supplemental 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
Yankee Nuclear Power Corp v. NRDC, 435 U.S. 509, 553 (1978). Also,
environmental objections that could be raised at the draft supplemental
EIS stage but that are not raised until after completion of the final
supplemental EIS may be waived or dismissed by the courts. City of
Angoon v. Hodel, 400 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
[[Page 33093]]
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 responded to them in the final supplemental EIS.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, comments on the draft supplemental
EIS 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 supplemental 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 supplemental EIS will be completed in September 2003. In
the final supplemental 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
supplemental EIS and applicable laws, regulations, and policies
considered in making the decision regarding the Deadman Creek Ecosystem
Management Projects. The Responsible Official is the Forest Supervisor
of the Colville National Forest. The Responsible Official will
determine which alternative best meets the purpose and need of the
project and addresses the key issues raised about this project. The
decision and rationale will be documented in the Record of Decision.
That decision will be subject to Forest Service Appeal Regulations (36
CFR part 215).
Dated: May 22, 2003.
Rolando Ortegon,
Acting Forest Supervisor.
[FR Doc. 03-13787 Filed 6-2-03; 8:45 am]
BILLING CODE 3410-11-M
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