[Federal Register Volume 59, Number 158 (Wednesday, August 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20209]


[[Page Unknown]]

[Federal Register: August 17, 1994]


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DEPARTMENT OF AGRICULTURE
 

Suitability Study of the North Fork, South Fork and Mills Rivers 
for Inclusion in the National Wild and Scenic Rivers System; Pisgah 
National Forest (National Forests in North Carolina), Henderson and 
Transylvania Counties, NC

AGENCY: USDA, Forest Service.

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

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SUMMARY: The Forest Service has prepared a Draft Environmental Impact 
Statement (DEIS) to evaluate the environmental impacts of including 
suitable segments of North Fork, South Fork and Mills Rivers classified 
as wild, scenic, or recreational rivers 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 (PL 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 these 
rivers and recommendations related to classifying and including them 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 Mills River System 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 South Fork and Mills River as potential wild and scenic 
study rivers. The 1987 Final Environmental Impact Statement (FEIS) for 
the Land and Resource Management Plan for the Nantahala and Pisgah 
National Forests determined South Fork and Mills River to be eligible 
for designation with potential wild and recreational classifications 
for different segments of South Fork and recreational for Mills River. 
(That information and additional findings will be documented in this 
environmental impact statement.) The rivers were determined to be 
potentially suitable for designation pending further study. A follow-up 
study to the Forest Plan FEIS was begun in 1989. At the request of 
local citizens, through a North Carolina Congressional Delegate, North 
Fork was added to the study area. In November 1990, Public Law 101-538 
was passed by Congress which designated 34.8 miles of the Mills River 
System (North Fork, South Fork and Mills Rivers) as a Wild and Scenic 
Study River. This Act excluded the segment of the Mills River from the 
confluence of the French Broad River to a point 750 feet upstream from 
the centerline of N.C. Highway 191/280.
    The Environmental Impact Statement will consider the following 
river segments:

North Fork, Bottom of Hendersonville reservoir spillway to South Fork
 5.9 miles
South Fork, Pigeon Branch in headwaters to North Fork
 25.4 miles
Mills River, Confluence North and South Forks to point 750 feet 
upstream from centerline of N.C. Highway 191/280
 3.5 miles

    The area of consideration for each stream is a corridor a minimum 
of \1/4\ mile from each stream bank for the entire length of the study 
segment. These corridors include both public and private lands.
    Significant issues identified during initial scoping include the 
potential for future dams along these rivers based on past proposals 
for impoundments, the effects of designation on private lands, and 
protection of the free-flowing condition and resource values of these 
rivers.
    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 the three rivers (the no action alternative). Other 
potential alternatives include: 1. Recommend designation for all 
eligible segments. 2. Recommend designation or nondesignation for 
specific segments of each river based on identified issues and 3. 
Recommend designation of eligible segments with different 
classifications (wild, scenic, recreational) 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; 
individual letters were distributed to government agencies, 
organizations, landowners along the rivers and individuals assumed to 
be interested in this action; and several meetings were held in the 
local community along the rivers. 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, SW., 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 August 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 August 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. vs. 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 vs. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986) 
and Wisconsin Heritages, Inc. vs. 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 statement is scheduled to be completed by March 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 these 
rivers 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: July 29, 1994.
Bertha C. Gillam,
Acting Director of Environmental Coordination.
[FR Doc. 94-20209 Filed 8-16-94; 8:45 am]
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