[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: 94-20269]


[[Page Unknown]]

[Federal Register: August 18, 1994]


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DEPARTMENT OF AGRICULTURE
 

Suitability Study of Wilson Creek for Inclusion in the National 
Wild and Scenic Rivers System; Pisgah National Forest (National Forests 
in North Carolina), Avery and Caldwell Counties, 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 Wilson Creek, 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 (Pub. L. 
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 Wilson Creek 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 Wilson Creek 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 Wilson Creek to be eligible for designation, with potential 
wild and recreational classifications for different segments, but not 
suitable. This finding of not suitable was appealed. This analysis, 
begun in 1990, is being conducted in response to that appeal. The 
decision to be made in the 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 study and EIS will consider Wilson Creek in its entirety, from 
its headwaters on Grandfather Mountain to its confluence with Johns 
River, for a total of 23.3 miles. The area of consideration is a 
corridor a minimum of \1/4\ mile from each stream bank for the entire 
length of the study segment. This corridor includes both public and 
private lands.
    Significant issues identified during initial scoping include the 
potential for designation to restrict undesirable uses on private lands 
within the river corridor, the effects of designation on private lands, 
and protection of the free-flowing condition and resource values of the 
river. Some people oppose any type of federal designation.
    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 Wilson Creek (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 and 
individual letters were distributed to government agencies, 
organizations, landowners along the rivers and individuals assumed to 
be interested in this action. 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, S.W., 
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 November 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 November 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. 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 June 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 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. 94-20269 Filed 8-17-94; 8:45 am]
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