[Federal Register Volume 64, Number 37 (Thursday, February 25, 1999)]
[Notices]
[Pages 9307-9308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4644]


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DEPARTMENT OF AGRICULTURE

Forest Service


Ashland Watershed Protection Project, Rogue River National 
Forest, Jackson County, Oregon

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

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SUMMARY: The USDA, Forest Service, will prepare an environmental impact 
statement (EIS) for the Ashland Watershed Protection Project on the 
Rogue River National Forest. The overall goal for the management of the 
Ashland Creek Watershed is to continue to provide high quality drinking 
water for the City of Ashland and to maintain large areas of late-
successional habitat by creating a landscape relatively resistant to 
large-scale stand replacing wildfires. The objectives of this project 
is to manage vegetation in a manner that reduces the current fire 
hazard and restores fire dependent ecosystems to conditions where the 
chance for large-scale, stand replacing wildfires is reduced. The 
Forest Service gives notice of the full analysis and decision-making 
process so that interested and affected peoples are made aware as to 
how they may participate and contribute to this supplemental analysis 
and decision.

DATES: Comments concerning the scope of this analysis should be 
received by March 19, 1999.

ADDRESSES: Submit written comments to Linda Duffy, District Ranger, 
Ashland Ranger District, Rogue River National Forest, 645 Washington 
Street, Ashland, Oregon, 97520.

FOR FURTHER INFORMATION CONTACT: Kristi Mastrofini, Ashland Ranger 
District, Rogue River National Forest, 645 Washington Street, Ashland, 
Oregon, 97520, Telephone (541) 482-3333; FAX (541) 858-2402.

SUPPLEMENTARY INFORMATION: The Ashland Creek Watershed supplies the 
City of Ashland with its domestic water. A Cooperative Agreement 
between the City of Ashland and the Forest Service for the management 
of the Ashland Watershed was originally approved in 1929. A Memorandum 
of Understanding drafted in 1985 and updated in 1996, defines the roles 
and responsibility of both the City of Ashland and the Forest Service 
in the management of the watershed. In accordance with these agreements 
and the Rogue River National Forest Land and Resource Management Plan, 
the Forest Service is responsible for providing fire protection for the 
Ashland Watershed through appropriate fire management strategies.
    The project area is located within the Mt. Ashland Late-
Successional Reserve (LSR), which is located mostly within the Ashland 
Creek Watershed, and partially within the Hamilton and Tolman Creek 
sub-watersheds (tributaries of Bear Creek). The legal location 
description for all actions is T. 39 S., R. 1 E., in sections 17, 19, 
20, 21, 27, 28, 29, 32, 33, and 34; T. 40 S., R. 1 E., in sections 4 
and 5; W.M., Jackson County, Oregon.
    As required by the April 1994 Amended Rogue River Land and Resource 
Management Plan, an LSR Assessment was completed prior to planning for 
vegetation manipulation activities. The Mt. Ashland LSR Assessment 
identified the need for this fire hazard reduction strategy, which has 
been reviewed by the Regional Ecosystem Office.
    The Proposed Action for the Ashland Watershed Protection project 
would treat vegetation and dead and down fuels on an estimated 1,500 
acres using a variety of treatment methods. Treatment methods that will 
be considered include prescribed fire, mechanical manipulation of 
vegetation (cutting with chainsaws and handpiling for burning), and 
tree (canopy) removal through commercial means. About 1,000 acres would 
be treated with underburning or non-commercial mechanical methods, and 
about 500 acres would be treated using commercial tree removal. This 
Proposed Action would also include the reconstruction of .25 mile of 
road, and the construction of one new helicopter landing. Preliminary 
issues include: maintenance of water quality within a domestic supply 
watershed; protection of LSR characteristics; maintenance of long-term 
site productivity; economic feasibility associated with the removal of 
large amounts of small trees and shrubs; protection of terrestrial 
habitat, aquatic habitat, and rare plant and animal species; aesthetics 
and social considerations; and the effectiveness of various fire 
management strategies proposed. Preliminary alternatives of the 
Proposed Action include options to: reduce fire hazard using only non-
commercial mechanical treatment methods; economically efficient non-
commercial and commercial removal techniques; and treatment methods 
that would focus on minimizing the changes in late-successional stand 
structures.
    In March of 1998, following extensive environmental analysis and 
community involvement that started in July of 1996, a Decision Notice 
authorizing the implementation of the Ashland Interface Fire Hazard 
Reduction (HazRed) project was signed. Appeals to that decision were 
filed with the Regional Forester that resulted in the decision being 
reversed in July of 1998. Reversal was based on the finding by the 
Regional Forester that an additional 30-day Notice and Comment period 
was warranted following an Environmental Assessment (EA) revision 
process.
    The draft EIS is expected to be filed with the Environmental 
Protection Agency (EPA) and to be available for public review by April 
1999. The comment period on the draft EIS will be 45 days from the date 
the EPA publishes the notice of availability in the Federal Register. 
The draft and final EIS will be prepared and circulated in accordance 
with 40 CFR 1502.9. Comments received on the draft EIS will be 
considered in the preparation of the final EIS. The final EIS is 
scheduled to be completed July 1999.
    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 
the draft structure their

[[Page 9308]]

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, (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 the time when it can meaningful 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 statement. 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.
    In the final EIS, the Forest Service is required to respond to 
substantive comments and responses received during the comment period 
that pertain to the environmental consequences discussed at the draft 
EIS and applicable laws, regulations, and policies considered in making 
a decision regarding the Ashland Watershed Protection Project.
    The Responsible Official is Linda Duffy, Ashland District Ranger on 
the Rogue River National Forest. The Responsible Official will document 
her decision and rationale for the decision in the Record of Decision. 
That decision will be subject to Forest Service appeal regulations (36 
CFR Part 215).

    Dated: February 12, 1999.
Linda L. Duffy,
District Ranger.
[FR Doc. 99-4644 Filed 2-24-99; 8:45 am]
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