[Federal Register Volume 64, Number 246 (Thursday, December 23, 1999)]
[Notices]
[Pages 72065-72066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32830]


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DEPARTMENT OF AGRICULTURE

Forest Service


Deep Vegetation Management Project, Ochoco National Forest, Crook 
and Wheeler Counties, OR

AGENCY: Forest Service, USDA.

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) on a Proposed Action to complete silvicultural 
treatments, including commercial harvest, pre-commercial thinning, and 
prescribed fire, to improve the health and diversity of forest stands 
in the Deep Creek Watershed. The Deep Creek Watershed is located 
approximately 60 miles northeast of Prineville, Oregon and covers 
approximately 55,400 acres. Approximately 97 percent of the watershed 
is National Forest System land. The project is proposed for fiscal 
years 2000 through 2004. The Ochoco National Forest invites written 
comment on this proposal and the scope of analysis. The agency will 
give notice of the full environmental analysis and decision making 
process for the proposal so interested and affected people may 
participate and contribute to the final decision.

DATES: Send written comments and concerns on the issues and management 
of this area by February 15, 2000.

ADDRESSES: Send written comments to Thomas A. Schmidt, Forest 
Supervisor, Ochoco National Forest, P.O. Box 490, Prineville, Oregon 
97754, or Eugene Skrine, District Ranger, Paulina Ranger District, 7803 
Beaver Creek Road, Paulina, Oregon 97751.

FOR FURTHER INFORMATION CONTACT: Tom Mafera, Deep Project Leader, 
Paulina, Ranger District, 7803 Beaver Creek Road, Paulina, OR 97751, 
phone (541) 477-6910.

SUPPLEMENTARY INFORMATION: The Forest Service Proposed Action will 
conduct management activities, including commercial timber harvest, 
pre-commercial thinning, and prescribed fire, in the Deep Creek 
Watershed. Based on an analysis of existing vegetation conditions in 
the Deep Creek Watershed, opportunities were identified to conduct 
silvicultural treatments to improve the health and diversity of 
forested stands. Silvicultural treatments include approximately 8,000 
acres of thinning/selection harvest and approximately 25,000 acres of 
low intensity prescribed burning. This Proposed Action will to develop 
opportunities for post/pole/chip/firewood products from small-sized 
trees. The proposal will develop habitat improvement projects for a 
variety of wildlife, fish, and sensitive plant species. There will be 
road development and/or repair to access the treatment areas. 
Approximately 10 miles of currently existing roads will be 
decommissioned or obliterated. Roads currently closed will be re-
assessed.
    The purpose and need for action is to provide landscape-level 
health and diversity within the project area. Also to provide multiple 
use benefits: such as wildlife and fish habitat restoration; riparian 
and watershed restoration; visual quality; and timber products.
    All activities will be consistent with the 1989 Ochoco National 
Forest Land and Resource Management Plan as amended by the 1995 Inland 
Native Fish Strategy and the Regional Foresters Forest Plan Amendment 
#2. This project will also be guided by the recommendations in the Deep 
Creek Watershed Analysis.
    The decision-to-be-made will include whether, where, and/or how 
much of each proposed vegetation activity should occur, and/or how much 
road and where decommissioning, repair, obliteration, or construction 
should occur.
    The northern edge of the project area follows the ridgeline north 
of Forest Road (FR) 2630 east from the western district boundary 
through Buck Point, and Camp Weston Point. The eastern edge follows the 
ridgeline from Camp Weston Point southeasterly to Alder Springs. From 
Alder Springs it goes south and follows FR 1200 to the junction of FR 
1200/1250, southeasterly to Bear Mountain and south to FR 42. FR 42 
bounds the southern edge west to Dry Reservoir, southwest through Twin 
Springs to the North Fork Crooked River. The western boundary is from 
the North Fork Crooked River north along the Paulina/Big Summit Ranger 
District boundary to just north of FR 2630. The project area includes 
portions of the following streams: Deep Creek, Little Summit Creek, 
Happy Camp Creek, Jackson Creek, Double Corral Creek, Chamberlin Creek, 
Toggle Creek, Buck Hollow Creek, Derr Creek, Haypress Creek, Big Spring 
Creek, and branches of Crazy and Thorton Creeks.
    Preliminary issues have been identified: landscape level pattern 
and vegetative diversity; water quality and fish habitat; fuels and 
fire hazard, effects on soils, and effects on proposed endangered, 
threatened or sensitive species.
    Alternatives to be considered will include the no action 
alternative, plus action alternatives that will be developed in 
response to key issues. The action alternatives will include various 
levels of commercial harvest, pre-commercial thinning, prescribed fire, 
road work, and fish, wildlife and riparian habitat improvement 
projects.
    Initial scoping began in October 1999. The public is invited to 
offer suggestions and comments in writing. Comments received in 
response to this notice, including the names and addresses of those who 
comment, will be considered part of the public record on this proposal 
and will be available to 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 may be granted in only 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 may be resubmitted with or without name and address within a 
specified number of days.
    The draft EIS expected to be completed in April 2000. The comment 
period on the draft EIS will be 45 days from the date the Environmental 
Protection Agency publishes the notice of availability in the Federal 
Register.
    The Forest Service believes it is important to give reviewers 
notice at this early stage of several court ruling related to public 
participation in the environmental review process. First,

[[Page 72066]]

reviewers of a draft 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, 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, 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 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.)
    The final EIS is scheduled to be completed in June 2000. In the 
final EIS, the Forest Service is required to respond to 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 Deep Vegetation Management Project.
    The Forest Service is the lead agency. Thomas A. Schmidt, Forest 
Supervisor, is the Responsible Official. The Responsible Official will 
determine which alternative best meets the purpose and need of this 
project and addresses the key issues raised about this project. The 
decision and rationale will be documented in the Record of Decision. 
The decision will be subject to Forest Service Appeal Regulations (36 
CFR Part 215).

    Dated: December 7, 1999.
Thomas A. Schmidt,
Forest Supervisor.
[FR Doc. 99-32830 Filed 12-22-99; 8:45 am]
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