[Federal Register Volume 64, Number 135 (Thursday, July 15, 1999)]
[Notices]
[Pages 38178-38180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18068]


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DEPARTMENT OF AGRICULTURE

Forest Service


Otter Lake Timber Sale(s), Tongass National Forest; Hoonah Ranger 
District, Alaska

AGENCY: Forest Service, USDA.

ACTION: Notice of Intent to Prepare an Environmental Impact Statement.

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SUMMARY: The Department of Agriculture, Forest Service will prepare an 
environmental impact statement (EIS) to disclose the environmental 
effects of proposed actions within the Otter Lake Project Area. The 
proposed action provides for: (1) Harvest of seven units covering 588 
acres, from a unit pool of 14 units totalling 849 acres and containing 
19.4 million board feet, and regeneration of new stands of trees; (2) 
construction of 3.2 miles of specified road and 0.5 miles of temporary 
road, as well as reconstruction of 2.5 miles of specified road; and (3) 
the use of the existing log transfer facility at Eight Fathom Bight 
(terminus of Forest Development Road 8580). This level of development 
would result in the harvest of an estimated 12.4 million board feet of 
sawlog and utility timber volume over a three year period following the 
approval of this document and award of contract(s). The proposed action 
is one alternative to achieve the purpose and need for this project. A 
map of the unit and road pool, and the proposed action, is available 
from the address provided.

DATES: Comments concerning the scope of the analysis should be received 
in writing by August 23, 1999.

LEAD AGENCY: USDA Forest Service, Tongass National Forest.

ADDRESSES: Send written comments to Otter Lake Planning Team, USDA 
Forest Service, 204 Siginaka Way, Sitka, Alaska 99835.

COOPERATING AGENCIES: U.S. Army Corps of Engineers, U.S. Environmental 
Protection Agency will be invited to participate as Cooperating 
Agencies.

FOR FURTHER INFORMATION CONTACT: Michael E. Fox, USDA Forest Service, 
204 Siginaka Way, Sitka, Alaska 99835, (907) 747-4328, e-mail at mfox/
[email protected] or FAX at (907) 747-4281.

SUPPLEMENTARY INFORMATION:

Background

    This environmental impact statement (EIS) will tier to the Tongass 
Land and Resource Management Plan Environmental Impact Statement and 
Modified 1997 Tongass Land and Resource Management Plan (April 1999 
Record of Decision). The Tongass Land and Resource Management Plan 
(TLRMP) provides the overall guidance (Goals, Objectives, Standards, 
Guidelines, and Management Area direction) to achieve the desired 
condition for the area in which the project is proposed.
    The EIS will be prepared by a contractor working under the 
supervision of the Forest Service. Work to be done by the contractor 
includes the field investigations, development of resource reports, 
preparation of a draft EIS, and the preparation of the final EIS. The 
Forest Service will prepare the Record of Decision. The Forest Service 
will provide oversight and review at all steps of the process.
    The Otter Lake Project Area is located about 60 air miles north of 
Sitka, Alaska and 12 air miles west of Hoonah, Alaska. The project area 
(7,580 acres) is located on north Chichagof Island, just north of Neka 
Bay, and north and west of Port Frederick. The project area encompasses 
part or all of R 59 E, T 43 S, Sec. 31, 32, 33, 34, 35, & 36; R 59 E, T 
44 S, Sec. 1 through 18, 20, & 21, and R 60 E, T 45 S, Sec. 6 (Eight 
Fathom Bight Log Transfer Facility (LTF) site). The LTF is 
approximately 6.5 road miles south of the project area. The Otter Lake 
Project Area lies within Value Comparison Unit (VCU) 2010. The project 
area is administered by the Hoonah Ranger District, Tongass National 
Forest.

Purpose and Need for the Proposed Action

    The purpose and need for the project is to implement the direction, 
goals, and objectives in the modified 1997 Tongass Land and Resource 
Management Plan (TLMPR), dated May 23, 1997 and the Record of Decision, 
dated April 13, 1999. The project is planned to move timber stands to a 
managed condition resulting in a healthier, faster growing stand, to 
increase growth and yield from the managed stands, to reduce volume 
loss associated with disease and decay and to recover timber volume 
that might otherwise be lost for human use.
    The project is planned to contribute an estimated 12 million board 
feet of sawlog and utility timber in support of the Tongass National 
Forest timber program, in order to meet the direction, in the Tongass 
Timber Reform Act, section 101, to ``seek to provide a supply of timber 
from the Tongass National Forest which (1) meets the annual market 
demand for timber from such forest and (2) meet market demand from such 
forest for each planning cycle'' to the extent consistent with multiple 
use and sustained yield from

[[Page 38179]]

all renewable forest resources. This environmental impact statement may 
result in one or more timber sales under the sale program.

Decisions To Be Made

    Fred S. Salinas, Assistant Forest Supervisor, Tongass National 
Forest, is the Responsible Official and will decide whether or not to 
authorize timber harvest within the Otter Lake Project Area. He will 
decide: (1) If the design of the timber sale offerings are consistent 
with meeting resource protection standards and guidelines in the 
Modified 1997 Tongass Land and Resource Management Plan; (2) how much 
timber volume to make available and what the logical sale offerings 
are; (3) the location and design of the arterial and collector road 
system needed to develop the project area, and the post-sale 
transportation options; (4) the location and design of timber harvest 
units (including silvicultural prescriptions and logging systems), and 
log transfer and camp facilities; (5) mitigation and monitoring 
measures for sound resource management; and (6) subsistence 
determinations required by Secton 810 of the Alaska National Interest 
Lands Conservation Act (ANILCA).

Management Objectives

    The project area is in Value Comparison Unit (VCU) 2010, and is 
located totally within the Timber Production Land Use Designation 
(LUD). An Old-growth Habitat Reserve is located immedately adjacent to 
the south and east of the project boundary. The existing Eight Fathom 
Bight Log Transfer Facility (LTF), located approximately five air miles 
to the south, lies within a Scenic Viewshed LUD.
    Management direction that the proposed action is designed to 
address include: Desired Condition--Suitable timber lands are managed 
for the production of sawtimber and other products on an even-flow, 
long-term sustained yield basis. A road system provides access for 
timber management activities, recreation, hunting and fishing, and 
other administration uses; some roads may be closed seasonally or 
permanently to address resource concerns. Management activities will 
generally dominate the landscape. Tree stands are healthy and in a 
balanced mix of age classes from young stands to trees of harvestable 
age, often in 40- to 100-acres stands. Recreation opportunities 
associated with roaded settings are available. A variety of wildlife 
habitats, predominately in the early to middle successional stages, are 
present.
    Goals--Manage the timber resource for production of saw timber and 
other wood products from suitable timber lands made available for 
timber harvest, on an even-flow, long-term sustained yield basis, and 
in an economically efficient manner. Provide a diversity of 
opportunities for resource uses that contribute to the local and 
regional economies of Southeast Alaska.
    Objectives--Seek to provide a timber supply sufficient to meet the 
annual market demand for Tongass National Forest timber, and the market 
demand for the planning cycle. Support a wide range of natural resource 
employment opportunities within Southeast Alaska's communities.

Tentative Issues

    Scoping has not yet been done for this project; however, issues 
identified for the Supplement to the Environmental Impact Statement, 
1981-86 & 1986-90 Operating Periods (SEIS) and the Eight Fathom Timber 
Sale(s) Project for the same general area are considered to still be 
applicable. The issues as expressed below have been modified to reflect 
the reduced project area.
    Issue 1--Project Effects on Recreation and Tourism: This issue 
focuses on how timber harvest and road building would affect 
recreational opportunities and the visual character of the landscape. 
This includes potential disruptions to fish and wildlife resources that 
drive recreation/tourism businesses, extent of additional access for 
recreational users via logging roads, and if there would be impacts on 
areas of concern such as Neka Bay.
    Issue 2--Subsistence Impacts: This issue focuses on whether or not 
proposed activities will significantly restrict subsistence use through 
effects on wildlife, fish, and plant resources for customary and 
traditional uses. Concerns include whether harvest activities would 
displace subsistence users, whether additional use from logging 
personnel, increased traffic from logging, and increased future 
recreation use on new logging roads would displace or reduce abundance 
of subsistence resources, including deer.
    Issue 3--Potential Economic Impacts: The issue focuses on the 
capability of the project area to provide a long-term sustained yield 
of timber and other resources, and whether this associated level of 
outputs is sufficient to meet the needs of dependent local communities. 
These concerns include whether timber production and productivity can 
be maximized to achieve positive economic return, whether the short-
term timber obligations will be balanced with long-term maintenance of 
other natural resources, whether the economic analysis would consider 
the economics of resources other than timber, and whether the road 
system for the project would remain in place to facilitate future 
harvest and minerals activities.
    Issue 4--Protection of Fish and Wildlife Resources: This issue 
focuses on the effects of timber harvest and associated road 
construction on water quality, fish, and wildlife, including protection 
of fish and wildlife habitat during harvest activities, whether 
biodiversity and population viability will be affected, whether 
sediments from roads and logging will affect salmon production 
downstream, and extent of effects on deer, marten, and bear habitats.
    Issue 5--Cultural and Historical Resource Protection: This issue 
focuses on the protection of heritage resources, and concerns a project 
design to avoid damage to cultural or historical resources, and 
coordination with the State's Scenic Byway Program to address proposed 
projects within areas designated for corridors of scenic, historic, 
cultural, recreational, or archaeological significance.
    Issue 6--Protection of Caves and Karst Features: This issue focuses 
on the potential presence of karst features in the project locale.
    Issue 7--Alternatives to Clearcutting: The issue is focused on 
public concerns that silvicultural systems other than even-aged 
management be considered in the alternatives, and implementation of a 
reforestation program to speed recovery after harvest and to reduce the 
duration of scenic effects, and the presence of clearcuts in high 
public use, highly visible areas.

Proposed Action

    The proposed action is the harvesting of seven units of a 14-unit 
pool totalling 849 acres with 19.4 million board feet. The total area 
harvested, including road right-of-way, is 595 acres yielding an 
estimated 12.4 million board feet. Logging systems include three 
helicopter units totalling 240 acres for 5.6 million board feet, as 
well as four units with a ground-based logging system (skyline or 
shovel) with 326 acres yielding 6.2 million board feet. All units are 
planned as clearcuts. The proposed road system consists of 3.2 miles of 
new specified road construction, 0.5 miles of temporary road 
construction, and 2.5 miles of reconstruction of existing specified 
road. Road construction right-of-way area is 22 acres, yielding 0.6 
million board feet. Nineteen percent of the 3,170

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acres of timber suitable and available for harvest would be harvested 
under this scenario. All units and roads will conform to the standards 
and guidelines in the TLMPR, including stream buffers, retention of 
green trees within units, marten habitat requirements, and the 
avoidance of extreme hazard soils and over-steepened slopes.

Permits

    To proceed with the timber harvest as proposed, various permits 
must be obtained from other agencies. Federal agencies and their 
responsibilities are as follows: U.S. Army Corps of Engineers has the 
responsibility for approval of discharge of dredged or fill material 
into the waters of the United States (section 404 of the Clean Water 
Act), and approval of construction of structures or work in navigable 
waters of the United States (section of the Rivers and Harbors Act of 
1899); the Environmental Protection Agency has responsibility for the 
National Pollution Discharge System review (section 402 of the Clean 
Water Act); the U.S. Coast Guard has responsibility for Coast Guard 
Bridge Permits (General Bridge Act of 1946) required for all structures 
constructed within the tidal influence zone. Other agencies which will 
participate are as follows: State of Alaska, Department of Natural 
Resources has responsibility for authorization for occupancy and use of 
tidelands and submerged lands; State of Alaska, Department of 
Environmental Conservation has responsibility for the Solid Waste 
Disposal Permit (section 402 of the Clean Water Act, 18 AAC 60.230) and 
the Certificate of Reasonable Assurance (section 401 of the Clean Water 
Act). Both the Environmental Protection Agency and the U.S. Army Corps 
of Engineers will be invited to participate as cooperating agencies in 
the preparation of the environmental impact statement.

Process Steps

    Preparation of the environmental impact statement will include the 
following steps: (1) Public notification and scoping (comments due in 
approximately 45 days, beginning with the publication of this Notice in 
the Federal Register; (2) identification of significant issues related 
to the proposed action to be analyzed in depth; (3) development of a 
reasonable range of alternatives to the proposed action which meet the 
stated purpose and need for the proposed action and address significant 
issues; and (4) identification of the potential environmental effects 
of the alternatives.
    Scoping announcements will be published during the week of July 12, 
1999 in the Juneau Empire and Daily Sitka Sentinel, and copies of the 
announcement will be mailed to interested persons. This announcement 
will describe the timing and location of public involvement meetings. 
Scoping meetings will be held in Hoonah in August 1999. Comments 
received from public scoping will be analyzed to determine significant 
issues within the scope of this project. Alternatives to the proposed 
action will be developed to address significant issues. One of these 
will be the ``No Action'' alternative in which there will be no 
project-related activities such as timber harvest or road construction. 
Other alternatives may consider various levels and locations of 
activities in response to issues and other resource objectives. The 
direct and indirect effects of each alternative will be analyzed and 
documented. Mitigating measures will be identified and their 
effectiveness evaluated.

Public Participation Encouraged

    In addition to commenting on the proposed action and the Draft 
Environmental Impact Statement when it is released, agencies and other 
interested persons or groups are invited to contact Forest Service 
Officials at any time during the planning process.
    The Draft EIS is expected to be filed with the Environmental 
Protection Agency (EPA) in September 2000. The comment period for 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. First, reviewers of 
draft environmental impact statements 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 that are not raised 
until after completion of the Final Environmental Statement may be 
waived or dismissed by the courts; City of Angoon v. Hodel, 803 F.2d 
1016, 1022 (9th Circuit, 1986) and Wisconsin Heritages, Inc. v. Harris, 
490 F. Supp. 1334 (E.D. Wis 1980). Because of these court rulings, it 
is 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 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 or chapters of the 
Draft Environmental Statement. Comments may also address the adequacy 
of the Draft Environmental Statement or the merits of the alternatives 
formulated and discussed in the document. Reviewers may wish to refer 
to the Council on Environmental Quality Regulations for implementing 
the procedural provisions of the National Environmental Policy Act, 40 
CFR 1503.3, in addressing these points.
    The Final Environmental Impact Statement and Record of Decision is 
expected to be released in June 2001. The Assistant Forest Supervisor, 
Sitka Assistant Forest Supervisor's Office, Tongass National Forest, 
will, as the responsible official for the environmental impact 
statement, make a decision regarding this proposal considering the 
comments, responses, environmental consequences disclosed in the final 
environmental impact statement, and applicable laws, regulations, and 
policies. The decision and supporting reasons will be documented in the 
record of decision.
Fred S. Salinas,
Assistant Forest Supervisor.
[FR Doc. 99-18068 Filed 7-14-99; 8:45 am]
BILLING CODE 3410-11-M