[Federal Register Volume 64, Number 239 (Tuesday, December 14, 1999)]
[Notices]
[Pages 69691-69692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31346]
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DEPARTMENT OF AGRICULTURE
Forest Service
Mill Creek Timber Sales and Related Activities, Rogue River
National Forest Jackson County, OR
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The USDA, Forest Service (USFS), will prepare an environmental
impact statement (EIS). The purpose of the EIS is to analyze and
disclose the environmental impacts of a site specific proposal to
commercially harvest and regenerate trees, construct, reconstruct, and
decommission roads, implement vegetation density management activities,
implement wildlife projects, and conduct prescribed burns. The
activities are proposed in the Upper Rogue River watershed located on
lands administered by the Rogue River National Forest, on the Prospect
Ranger District, within Jackson County, Oregon. The Proposed Action
will tier to and be designed under the Rogue River National Forest Land
and Resource Management Plan (1990), as amended by the Record of
Decision for the Northwest Forest Plan (1994), which provides guidance
for land management activities. This proposal is scheduled for
implementation during fiscal Years 2000-2003. The Prospect Ranger
District invites written comments concerning the scope of the analysis
in addition to those comments that will be solicited as a result of
local public participation activities. The Forest Service will also
give notice of the full environmental analysis and decision making
process so that interested and affected people are made aware as to how
they may participate and contribute to the final decision.
DATES: Issues and comments concerning the scope, implementation, and
analysis of the Proposed Action must be received by January 5, 2000.
ADDRESSES: Submit written comments regarding the Proposed Action to
Joel King, District Ranger, Prospect Ranger District, 47201 Highway 62,
Prospect, Oregon, 97536.
FOR FURTHER INFORMATION CONTACT: Direct questions about the Proposed
Action and EIS to Don Boucher, Interdisciplinary Team Leader, Propect
Ranger District, 47201 Highway 62, Prospect, Oregon, 97536, phone: 541-
560-3400, FAX: 541-560-3444, e-mail:dboucher/
[email protected].
SUPPLEMENTARY INFORMATION: The Mill Creek Timber Sales and Related
[[Page 69692]]
Activities Project will take place within the following sub-watersheds
within the Upper Rogue River watershed: Barr Creek, Ginkgo Creek, Union
Creek, Upper and Lower Mill Creek, and Castle Creek. Only Forest
Service managed lands would be treated. The project area is
approximately 45 air miles north of Medford, Oregon. It is bounded on
the north by Castle Creek, on the west by State Highway 62, on the
south by Red Blanket Creek, and on the east by Crater Lake National
Park.
The Forest Service is proposing to implement activities which
include, in part, one or more timber sales involving approximately
7,500 acres of harvest units. Silvicultural prescriptions include:
density management of overstocked stands of trees (approximately 3,800
acres); treating mature stands with small group selections or even-aged
management (approximately 2,000 acres); and, density management of
small, younger stands for forest health and stand development
(approximately 1,700 acres). Other projects include road
decommissioning (approximately 22 miles), prescribed fire for wildlife
habitat improvement and fuels reduction (approximately 500 acres),
density management of stands of young trees less than six inches in
diameter (approximately 2,000 acres), and other wildlife improvement
projects. Minor amounts of new road construction or reconstruction may
be necessary to access harvest units. these activities are proposed on
Matrix lands in the Northwest Forest Plan. Incidental treatments, not
including timber harvest, are proposed within Riparian Reserves.
The Purpose and Need for the Proposed Action is to plan timber
sales and associated road and vegetation management activities to
implement management direction from the Rogue River National Forest
Land and Resource Management Plan and the Northwest Forest Plan and to
manage for ecosystem needs.
The Forest Service will consider issues with the Proposed Action,
and develop additional alternatives to the Proposed Action that respond
to the significant issues. The no-action alternative will also be
considered.
Public participation will be important during the analysis.
Reviewers may refer to the Council on Environmental Quality Regulations
for implementing the procedural provisions of the national
Environmental Policy Act at 40 CFR 1501.7. The Forest Service will seek
written concerns and comments regarding the Proposed Action from
Federal, State, and local agencies, any affected Indian tribes, and
other individuals who may be interested in or affected by the Proposed
Action. This input will be used to develop additional alternatives.
The Draft EIS is expected to be filled with the Environmental
Protection Agency (EPA) and be available for review by April 2000. The
comment period for the Draft EIS will be 45 days from the date that the
EPA publishes the Notice of Availability in the Federal Register.
Comments received in response to this notice, 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. Comments submitted anonymously will be accepted and
considered, however, those who submit anonymous comments will not have
standing to appeal the subsequent decision under 36 CFR part 215.
Additionally, pursuant to 7 CFR 1.27 (d), 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.
Persons requesting such confidentiality should be aware that, under the
FOIA, confidentially may be granted in only very limited circumstances,
such as to protect trade secrets. The Forest Service will inform the
requester of the agency's decision regarding the request for
confidentiality, and where the request is denied, the agency will
return the submission and notify the requester that the comments maybe
resubmitted with or without name and address within a specified number
of days.
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, a reviewer of
a Draft EIS must structure their participation in the environmental
review process of the proposal so that it is specific, meaningful, and
alerts an agency to the reviewer's position and contentions. Vermont
Yankee Power Corp. v. NRDC, 435 U.S. 519, 533 (1978). also,
environmental objections that could be raised at the Draft EIS stage,
but that are not raised until after the completion of the final EIS,
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, 409 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 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 EIS. Comments may also address
the inadequacy of the Draft EIS or the merits of the alternatives
formulated and discussed in the EIS. 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.
After the 45 day comment period ends on the Draft EIS, comments
will be considered and analyzed by the Agency in preparing the Final
EIS. The Final EIS is scheduled for release by August 2000. In the
Final EIS, the Forest Service is required to respond to the comments
and responses received during the comment period that pertain to the
environmental consequences discussed in the Draft EIS and applicable
laws, regulations, and policies considered in making the decision
regarding the proposal.
The Forest Service is the lead agency. The Responsible Official is
Joel King, Prospect District Ranger. The Responsible Official will
consider the comments and responses received during the comment period
that pertain to the environmental consequences discussed in the Draft
EIS and applicable laws, regulations, and policies in making a decision
regarding the Mill Creek Timber Sales and Related Activities. The
Responsible Official will document the decision and rationale in the
Record of Decision. The decision will be subject to appeal by the
general public under Forest Service appeal regulations (36 CFR part
215).
Dated: November 22, 1999.
Joel T. King,
Prospect District Ranger.
[FR Doc. 99-31346 Filed 12-13-99; 8:45 am]
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