[Federal Register Volume 59, Number 171 (Tuesday, September 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21868]


[[Page Unknown]]

[Federal Register: September 6, 1994]


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DEPARTMENT OF AGRICULTURE
Forest Service

 

Supplement to Final Environmental Impact Statement for East 
Curlew Creek Area Timber Sales, Colville National Forest, Ferry County, 
WA

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare a supplement to 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 East Curlew Creek Area 
Timber Sales. The final EIS and Record of Decision were released in 
March 1994 (Notice of Availability date is March 25, 1994, 59 FR 
14162). After a lighting storm in July 1994, a fire began in the Copper 
Butte area. This fire burned over 133 acres of prepared timber sale 
harvest units in the East Curlew Creek Area timber sales while damaging 
or killing timber within a 10,670 acre area. The area damaged by fire 
is partially within and adjacent to the original analysis area. This 
significant new circumstance has dictated substantial changes that must 
be reanalyzed as a supplement to the existing analysis.

ADDRESSES: Submit written comments and questions about this Supplement 
to Republic Ranger District, Colville National Forest, 180 North 
Jefferson, P.O. Box 468, Republic, Washington 99166, Phone: (509) 775-
3305.

FOR FURTHER INFORMATION CONTACT:
Pat Egan, Republic District Ranger, Colville National Forest.

SUPPLEMENTARY INFORMATION: The original decision was to have two timber 
sales--Alec Timber Sale and Santim Timber Sale. The Alec Timber sale 
was to harvest 3.8 million board feet (MMBF) of timber from 
approximately 771 acres without any road construction. The Santim 
Timber Sale was to harvest 4.2 MMBF of timber from approximately 754 
acres while constructing 2.3 miles of road. The original analysis area 
was approximately 29,600 acres and included a portion of the Profanity 
Roadless Area which was considered, but not selected for Wilderness 
designation.
    On May 27, 1994, the Regional Forester signed a Decision Notice for 
the Continuation of the Interim Management Direction Establishing 
Riparian, Ecosystem and Wildlife Standards for Timber Sales (also known 
as screening direction). These Interim Direction changes were made to 
the East Curlew Area Timber Sales Record of Decision to conform to this 
Interim Direction.
    The July fire and Regional Interim Direction have resulted in new 
circumstances and substantial changes to the original decision for East 
Curlew Creek Area Timber Sales. The proposed action begin considered in 
this Supplement is as follows: (1) A Copper Salvage Sale, which would 
harvest approximately 5.0 MMBF from 750 acres with no road 
construction, (2) Santim Timber Sale, which would harvest approximately 
2.6 MMBF from 346 acres with no road construction; and (3) no change in 
the Alec timber sale. No road construction is planned within the 
Profanity Roadless Area. The draft Supplement will be tiered to the 
final EIS for the Colville National Forest Land and Resource Management 
Plan (December, 1988).
    The Supplement will be prepared, circulated and filed in the same 
fashion (exclusive of scoping), as a draft and final environmental 
statement (40 CFR 1502.9). The draft Supplement is expected to be filed 
in January 1995 and available for public comment and review.
    The comment period on the draft Supplement to the final EIS will be 
45 days from the date the Environmental Protection Agency's notice of 
availability appears in the Federal Register.
    The Forest Service believes it is important to give reviewers 
notice at this early stage of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
a draft Supplement to final 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. 519, 533 (1978). Also, 
environmental objections that could be raised at the draft Supplement 
stage but that are not raised until after completion of the final 
Supplement 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 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 them and 
respond to them in the final Supplement to the final EIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft Supplement 
to the final EIS should be as specific as possible. It is also helpful 
if comments refer to specific pages or chapters of the draft 
Supplement, comments may also address the adequacy of the draft 
Supplement to the final EIS or the merits of the alternatives 
formulated and discussed in the statement. (Reviewer may wish to refer 
to the Council on Environmental Quality Regulations for implementing 
the procedural provisions of the National Environment Policy Act at 40 
CFR 1503.3 in addressing these points.)
    After the 45 day comment period ends on the draft Supplement to the 
final EIS, the comments will be analyzed and considered by the Forest 
Service in preparing the final Supplement to the final EIS. The final 
Supplement is scheduled to be completed by March 1995. In the final 
Supplement to the Final EIS, the Forest Service is required to respond 
to the comments received (40 CFR 1503.4). Edward L. Schultz, Forest 
Supervisor, Responsible Official will consider the comments, responses, 
environmental consequences discussed in the Supplement to the EIS and 
applicable laws, regulations, and policies in making a decision 
regarding this proposal. The Responsible Official will document the 
decision and reasons for the decision in the Record of Decision. That 
decision will be subject to review under 36 CFR 215.

    Dated: August 24, 1994.
Edward L. Schultz,
Forest Supervisor.
[FR Doc. 94-21868 Filed 9-2-94; 8:45 am]
BILLING CODE 3410-11-M