[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: 94-20267]


[[Page Unknown]]

[Federal Register: August 18, 1994]


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DEPARTMENT OF AGRICULTURE
 

Suitability Study of East Fork Pigeon River for Inclusion in the 
National Wild and Scenic Rivers System; Pisgah National Forest 
(National Forests in North Carolina), Haywood County, 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 East Fork Pigeon River, 
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 
(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 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 East Fork Pigeon River 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 East Fork Pigeon River 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 East Fork to be eligible for designation, with 
potential wild and recreational classifications for different segments. 
(That information and additional findings will be documented in this 
EIS). The river was determined to be potentially suitable for 
designation pending further study. This follow-up study to the Forest 
Plan FEIS was begun in 1990. The decision to be made in this 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 Environmental Impact Statement will consider the following 
river segments:

East Fork Pigeon River......  Confluence of Dark Prong     4.0 miles    
                               and Yellowstone Prong                    
                               downstream to first U.S.                 
                               Highway 276 crossing.                    
Dark Prong..................  Headwaters to East Fork....  2.6 miles    
Yellowstone Prong...........  Headwaters to East Fork....  3.2 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 only public lands.
    Significant issues identified during initial scoping include the 
effects of designation on private lands and the need to protect 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 East Fork, Dark Prong and Yellowstone Prong (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; 
individual letters were distributed to government agencies, 
organizations, landowners along the rivers and individuals assumed to 
be interested in this action; and a meeting was held in the local river 
community. 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 February 1995. 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 February 1995, 
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 August 1995.
    The Secretary of Agriculture will consider comments, responses, and 
environmental consequences discussed in the final environmental impact 
statement and applicable laws, regulations, and polices 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. 94-20267 Filed 8-17-94; 8:45 am]
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