[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: 94-12251]


[[Page Unknown]]

[Federal Register: May 19, 1994]


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DEPARTMENT OF AGRICULTURE
 

Taneum/Peaches Road Access, Wenatchee National Forest, Kittitas 
County, WA

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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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 
roads across National Forest System (NFS) lands located in the Taneum 
Creek Drainage. The action is proposed in response to an application 
seeking legal access to approximately 1280 acres in two separate 
sections of non-Federal land located within the Forest Boundary on the 
Cle Elum Ranger District. The proposed action is located approximately 
10 miles south 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 rights-of-way across NFS lands for the 
purpose of establishing temporary legal access to approximately 1280 
acres in two separate sections of land owned by the applicant. Both 
sections of land to be accessed are surrounded by NFS lands and no 
legal road access to the sections 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 roads on the permitted rights-of-way sufficient to 
support the intended use of the land. The access involves approximately 
3,909 feet of road on 4 acres of NFS land for the Peaches section and 
5000 feet of road on 5 acres of NFS land for the Taneum section.
    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; Late Successional Reserves; Taneum Roadless 
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; and recreational road and trail use by 
Off Road Vehicles.
    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 review 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 in 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. 94-12251 Filed 5-18-94; 8:45 am]
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