[Federal Register Volume 66, Number 98 (Monday, May 21, 2001)]
[Notices]
[Pages 27934-27936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12664]


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DEPARTMENT OF AGRICULTURE

Forest Service


Duck Creek--Swains Access Management Project, Dixie National 
Forest, Iron, Garfield, and Kane Counties, UT

AGENCY: Forest Service, USDA.

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

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SUMMARY: Notice is hereby given that the Forest Service, USDA, will 
prepare an environmental impact statement (EIS) for the Forest Service 
to implement several proposals within the Duck Creek--Swains Access 
Management Project area, on the Cedar City Ranger District, Dixie 
National Forest. These proposals include:
    1. Maintain approximately 286 miles of road open to motorized 
vehicle travel. These roads are presently open to motorized use, and 
will remain open. Approximately 32 miles of these roads are open to 
street-legal vehicles only and would continue with the same management.

[[Page 27935]]

    2. Construct 30 miles of motorized vehicle trail by restricting 
travel to motorized trail use on approximately 28 miles of road, and 
constructing approximately two miles of new trail. Motorized travel 
that would be allowed would consist of ATV's and motorcycles. Foot, 
horse, and bicycle use would also be allowed. This trail construction 
would include constructing a bridge over Swains Creek. These motorized 
trails would be segments that would connect existing trails with the 
goal to improve travel to destination points. Combined with the 
existing Duck Creek ATV trail, the total motorized travel would be 
approximately 32 miles.
    3. Remove (decommission) approximately 122 miles from the road 
system and close to public motorized use. Levels of decommissioning on 
all or parts of these roads may include blocking the entrance, 
reestablishing vegetation and water barring, removing fills and 
culverts, establishing drainage ways and removing unstable road 
shoulders, or full obliteration by recontouring and restoring natural 
slopes. Recontouring would generally occur on slopes exceeding 30%. 
Approximately five segments of road totaling 1.3 acres would need 
recontouring. Three segments on unclassified road U-434 would need 
recontouring; two are within T.37S.,R.6W., Section 18, and one in 
T.37S.,R.7W., Section 13. The other two segments are on unclassified 
roads: U-349, near Swains Creek in T.38S., R.7W., Section 13; and U-85 
in T.38S., R.7W., Section 28.
    4. Close approximately 180 miles of road to motorized public use, 
retaining them on the Forest Transportation System for forest 
management needs. These roads would be kept on the Forest 
Transportation System for forest management, but not open to public 
motorized vehicle use. Methods used to close these roads would include 
a variety of techniques depending on road condition, topography, 
vegetation type and condition, and soil type. Management options could 
include gates, logs, rocks, signs, brush piles, or segments of fence.
    5. Amend the Dixie National Forest Travel Plan to implement a 
``closed to motorized vehicle use, unless posted open'' signing program 
in the Duck Creek--Swains Area. This proposed activity would be 
administrative in nature and would not involve ground-disturbing 
activities. The present direction in the travel plan that prohibits 
off-road vehicle use (except snowmobiles when adequate snow exists) 
would remain in effect and unchanged.
    6. Relocate approximately one-eighth of a miles of the Bower's Flat 
road out of a wet meadow. Relocating the Bower's Flat road would 
require heavy equipment to create a new road and restore the old road 
and disturbed meadow to natural condition. The legal location is: 
T.37S., R.7W., Section 33.
    7. Any new roads or travel ways developed by users and not approved 
by the Forest Service and observed after this proposal and 
corresponding decision will be decommissioned. The purpose of the Roads 
Analysis and this proposal is to identify which roads are needed for 
forest management, including recreation needs. In compliance with 
Federal Regulations at 36 CFR 212 et al. January 12, 2001, roads that 
are not needed will be decommissioned.
    The purpose of these proposals is to initiate actions that would 
improve the motorized transportation system, improve habitat for 
wildlife, and reduce sedimentation and erosion. The project area is 
located approximately 24 miles east of Cedar City, Utah. The project 
would be implemented in accordance with direction in the Land and 
Resource Management Plan (Forest Plan) for the Dixie National Forest, 
1986.
    The agency gives notice that the environmental analysis process is 
underway. During the analysis process, an issue surfaced that warranted 
the disclosure of effects under an EIS. This issue is the high degree 
of interest associated with closing roads in the area.
    Interested and potentially affected persons, along with local, 
state, and other Federal agencies, are invited to participate in, and 
contribute to, the environmental analysis. The Dixie National Forest 
invites written input regarding issues specific to the proposed action.

DATES: Written comments to be considered in the preparation of the 
Draft Environmental Impact Statement (DEIS) should be submitted on or 
before June 20, 2001. The DEIS is expected to be available for review 
by August 2001. The Record of Decision and Final Environmental Impact 
Statement are expected to be available by December 2001.

ADDRESSES: Submit written comments to: District Ranger, Cedar City 
Ranger District, 82 North 100 East, P.O. Box 0627, Cedar City, Utah 
84721-0627; FAX: (801) 865-3791; E-mail: [email protected]

FOR FURTHER INFORMATION CONTACT: Direct questions about the proposed 
action and EIS to Priscilla R. Summers, Project Environmental 
Coordinator, by mail at 82 North 100 East, P.O. Box 627, Cedar City, 
Utah 84721-0627; or by phone at (801) 865-3700; FAX: (801) 865-3791; E-
mail: [email protected]

SUPPLEMENTARY INFORMATION: The proposed project is located in a 93,099-
acre analysis area (including 20,241 acres on private land) in the 
Lower Mammoth, West Fork Asay Creek, Asay Creek, Duck Creek, Strawberry 
Creek, Swains Creek, and Castle Creek watersheds of the Upper Sevier 
Sub-Basin; and Upper North Fork Virgin River, Muddy Creek, Lydia's 
Canyon, Stout Canyon, and Upper East Fork Virgin River watersheds of 
the Upper Virgin Sub-Basin. There are approximately 617 miles of road 
in the project area, with increasing all-terrain vehicle (ATV) use.
    The purpose of the project is to improve the motorized travel 
system in the project area while reducing erosion and sedimentation, 
and improving habitat for wildlife.
    Construction of approximately two miles of motorized vehicle trail 
will connect existing routes to provide improved access to destination 
points (mostly private lands within the area). Road density of the area 
is approximately 4.8 miles per square mile. The guideline in the Dixie 
National Forest Land and Resource Management Plan is two miles of road 
per square mile or less. Generally, road densities above two miles per 
square mile reduce habitat effectiveness and habitat quality for big 
game. The higher the road density, the lower the quality of habitat. 
Roads within nesting areas for raptors causes disturbance to adults and 
young, and can cause nesting failure.
    Stream crossings that lack adequate structures incur higher levels 
of sedimentation and erosion than those with proper structures. There 
are five streams lacking these structures that are causing undesirable 
sedimentation into streams. Approximately 12 miles of road in the 
project area are hydrologically connected to streams. Runoff on these 
roads delivers sediment from the road directly into the stream. 
Approximately 24 miles of road have poor drainage where people drive 
around the wet area creating a new route or widening the existing one. 
This is occurring in a wet meadow on one road, which is impacting the 
meadow in larger and larger areas each year.
    Signing in the area is an open unless closed system. Enforcement of 
closures is difficult because signs get torn down. Currently, motor 
vehicle use is only

[[Page 27936]]

allowed on roads and designated motorized vehicle trails. Off-road use 
is prevalent and common, which has created what appear to be new roads 
. With the present signing system, closing this road with a sign and 
assuring that the sign remains in place is difficult. There are 
approximately four miles of unauthorized ATV trail that are causing 
undesirable impacts to streams and/or wildlife habitat.
    Motorized vehicle trail construction (including a bridge), road 
closures, road decommission, and signing roads closed unless posted 
open would occur on National Forest system lands located within 
portions of Sections 23-26, and 35-36 of T.37S., R.8W., Salt Lake Base 
Meridian (SLBM), Iron County, UT; Sections 13-14, and 22-36 of T.37S., 
R.7W., and Sections 3-6, 17-23, and 26-35 of T.37S., R.6W., Salt Lake 
Base Meridian (SLBM), Garfield County, UT; and Sections 1-29, 33-36 of 
T.38S., R.8W.; Sections 1-36 of T.38S., R.7W.; Sections 3-8, 17-20, and 
28-33 of T.28-33 of T.38S., R.6 W.; Sections 4-8, and 17-20 of T.39S. 
R.6W.; Sections 1-24 of T.39S., R.7W.; and Sections 1-3, and 11-13 of 
T. 39S., R.8W., Salt Lake Base Meridian (SLBM), Kane County, UT.
    The proposed actions would implement management direction, 
contribute to meeting the goals and objectives identified in the Dixie 
National Forest Land and Resource Management Plan, and move the project 
area toward the desired condition. This project EIS would be tiered to 
the Dixie National Forest Land and Resource Management Plan EIS (1986), 
which provides goals, objectives, standards and guidelines for the 
various activities and land allocations on the Forest.
    No permits or licenses are required to implement the proposed 
action and the issuing authority is the Forest Service.
    As lead agency, the Forest Service would analyze and document 
direct, indirect, and cumulative environmental effects for a range of 
alternatives. Each alternative would include mitigation measures as 
necessary and monitoring requirements. No alternatives to the proposed 
action have been identified at this time, however, the following 
preliminary issue has been identified: (1) Use of roads within nesting 
areas for northern goshawk and peregrine falcon contribute to nesting 
failures.
    Mary Wagner, Forest Supervisor, Dixie National Forest, is the 
responsible official. She can be reached by mail at 82 North 100 East, 
P.O. Box 580, Cedar City, Utah, 84720-0580.
    The Forest Service is seeking comments from individuals, 
organizations, and local, state, and Federal agencies who may be 
interested in or affected by the proposed action. Scoping notices have 
been sent to potentially affected persons and those currently on the 
Dixie National Forest mailing list that have expressed interest in 
timber management proposals, proposals relating to wildlife habitat 
modifications and Forest Plan amendments. Other interested individuals, 
organizations, or agencies may have their names added to the mailing 
list for this project at any time by submitting a request to: Priscilla 
R. Summers, Project Environmental Coordinator, 82 North 100 East, P.O. 
Box 627, Cedar City, UT 84720-0627.
    The analysis area includes both National Forest System lands and 
private lands. Proposed treatments would occur only on National Forest 
system lands. Motorized trails are proposed to cross State Highway 14. 
No federal or local permits, licenses or entitlements would be needed.
    The comment period on the draft environmental impact statement will 
be 45 days from the date the Environmental Protection Agency 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 
the DEIS must structure their participation in the environmental review 
of the proposal 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 have been raised at the DEIS 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, (9th Circuit, 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 the 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 the time 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 about the proposed action, comments on the DEIS 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 statement 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.

    Dated: May 11, 2001.
Mary Wagner,
Forest Supervisor, Dixie National Forest.
[FR Doc. 01-12664 Filed 5-18-01; 8:45 am]
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