[Federal Register Volume 64, Number 43 (Friday, March 5, 1999)]
[Notices]
[Pages 10618-10619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5430]



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DEPARTMENT OF AGRICULTURE

Forest Service


Environmental Impact Statement Preparation for the Brush Creek 
Project, Allegheny National Forest, Forest and Elk Counties, 
Pennsylvania

AGENCY: Forest Service, USDA.

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

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SUMMARY: In accordance with the National Environmental Policy Act, 
notice is hereby given that the Forest Service, Allegheny National 
Forest will prepare an Environmental Impact Statement to disclose the 
environmental consequences of the proposed Brush Creek Project.
    The Allegheny National Forest is divided into Management Areas, 
which are used to guide the type and intensity of management. The 
majority of the Brush Creek Project Area falls into Management Area 
3.0, with smaller portions falling into Management Areas 1.0 and 6.1. 
The Allegheny National Forest Land and Resource Management Plan (Forest 
Plan) gives the direction for forest management activities. The 
following management direction was excerpted from the Forest Plan for 
each of the three Management Areas included within the project area.
    Management Area 1.0--Emphasize habitat management for ruffed grouse 
and other wildlife species associated with early successional stages of 
forest habitat.--Provide for high quality wood fiber production.--
Provide a roaded natural setting for all types of dispersed recreation 
opportunities.
    Management Area 3.0--Provide a sustained yield of high quality 
sawtimber through even-aged management--Provide a variety of age or 
size class habitat diversity in a variety of timber types.--Emphasize 
deer and turkey in all timber types and squirrel in the oak type.--
Provide a roaded natural setting for all types of developed and 
dispersed recreation opportunities, with an emphasis on motorized 
recreation activities.
    Management Area 6.1--Maintain or enhance scenic quality.--Emphasize 
a variety of dispersed recreation activities in a semi-primitive 
motorized setting.--Emphasize wildlife species which require mature or 
overmature hardwood forests.
    The purpose of this project is to move from the Existing Condition 
towards the Desired Future Condition (DFC) as detailed in the Forest 
Plan. In order to move towards the DFC, the early successional age 
class (0-20 year age) needs to increase; healthy forested stands 
capable of producing high quality, high value sawtimber need to be 
maintained; and understories dominated by fern, grass or undesirable 
woody vegetation need to develop seedling vegetation. Project proposals 
include timber harvesting as a means for making desired changes to 
forest vegetation and satisfying the demonstrated public need for wood 
products. Our proposed action to meet the purpose and need includes 690 
acres of regeneration harvests to bring the onset of a new forest; 
herbicide, fertilizer, fencing, mechanical site preparation, and 
planting to ensure seedling establishment and growth in understories; 
356 acres of thinning in immature stands to reduce the competition for 
light and nutrients, thereby improving the health and vigor of residual 
trees; and 52 acres or hardwood release cutting designed to reduce 
competition for selected trees on recent clearcuts. Activities relating 
to roads in support of these silvicultural operations include 
approximately 7 miles of new road construction, 2 miles of betterment, 
13 miles of road restoration, 3 miles of road obliteration, and 1 mile 
of road realignment. Additionally, 1 new stone pit would be developed. 
This new stone pit, along with 8 existing pits, would be utilized as 
sources of surfacing stone for the transportation system. Wildlife 
habitat improvement measures consisting of plantings, prescribed 
burning, fruit tree pruning and maintenance, and bird nesting box 
placement serve to supplement the existing conditions.
    After completion of the Brush Creek Environmental Impact Statement, 
the responsible official will review the several alternatives analyzed, 
and select the one that maximizes net public benefits for the Brush 
Creek Project Area.

DATES: The public is asked to provide comments, suggestions, and 
recommendations for achieving the purpose and need for the Brush Creek 
Project. The public comment period will be for 30 days from the date 
the Environmental Protection Agency publishes this notice of 
availability in the Federal Register. Comments and suggestions should 
be submitted in writing and postmarked by April 12, 1999 to ensure 
timely consideration. To assist in commenting, a scoping letter 
providing more detailed information on the project proposal has been 
prepared and is available to interested parties.

FOR FURTHER INFORMATION CONTACT: Submit written comments and 
suggestions concerning the proposed action to: ``Brush Creek Project,'' 
attention Ronald Neff--ID Team Leader, Marienville Ranger District, HC2 
Box 130, Marienville, PA 16239. For further information, contact Ronald 
Neff (814) 927-6628.

SUPPLEMENTARY INFORMATION: The issue of uneven-aged management often 
arises during the scoping process for projects such as this. We will 
therefore include at least one alternative to the Proposed Action which 
will evaluate the effects of applying uneven-aged management 
techniques. Issues, which are generated through the scoping process, 
may generate additional alternatives.
    Comments considered beyond the scope of this project and which will 
not be evaluated include whether or not commercial timber harvest 
should occur on National Forest System lands; the validity of the 
science of silviculture and forest management; and whether or not to 
allow the use of herbicides on the Allegheny National Forest on a 
programmatic level.
    Comments received in response to this solicitation, including names 
and addresses of those who comment, will be considered part of the 
public record on this proposed action and will be available for public 
inspection. In a recent legal opinion, the Forest Service's Office of 
General Council (OGC) has determined that names and addresses of people 
who respond to a Forest Service solicitation are not protected by the 
Privacy Act and can be released to the public. The Forest Service 
routinely gives notice of and requests comments on proposed land and 
resource management actions accompanied by environmental documents, as 
well as on proposed rules and policies. Comments received in response 
to such solicitations, including names and addresses of those who 
comment, will be considered part of the public record and will be 
available for such inspection, upon request. Any person may request the 
agency to withhold a submission from the public record by showing how 
the Freedom of Information Act (FOIA) permits such confidentiality. The 
opinion states that such confidentiality may be granted in only very 
limited circumstances, such as to protect trade secrets.
    The Draft EIS is expected to be filed with the Environmental 
Protection Agency and be available for public review during June of 
1999. At that time, the Environmental Protection Agency (EPA) will 
publish in the Federal Register a notice of availability of the draft 
environmental impact statement. The comment period on the draft will be 
45 days from the date the

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EPA notice 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 
draft environmental impact statements must structure their 
participation in the environmental review of the proposals so that it 
is meaningful and alerts an agency to the reviewers 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 may be waived if not raised 
until after completion of the final environmental impact statement, 
City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1988), 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 
environmental impact statement.
    Comments on the draft environmental impact statement 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 environmental impact statement or the merits of 
the alternatives formulated and discussed in the statement (Reviewers 
may wish to refer to CEQ Regulations for implementing the procedural 
provisions of 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 received will be analyzed 
and considered by the Forest Service in preparing the final 
environmental impact statement.
    The final environmental impact statement is scheduled to be 
completed in October, 1999. In the final EIS, the Forest Service is 
required to respond to the comments received (40 CFR 1503.4). The 
responsible official will consider the comments, responses, 
environmental consequences discussed in the environmental impact 
statement, 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 a Record of 
Decision. That decision will be subject to appeal under 36 CFR part 
215.
    The responsible official is Leon Blashock, District Ranger, 
Allegheny National Forest, HC2 Box 130, Marienville, PA 16239.

    Dated: February 26, 1999.
Leon Blashock,
District Ranger.
[FR Doc. 99-5430 Filed 3-4-99; 8:45 am]
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