[Federal Register Volume 67, Number 10 (Tuesday, January 15, 2002)]
[Notices]
[Pages 1955-1956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-921]


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DEPARTMENT OF AGRICULTURE

Forest Service


Palmer Quarry Expansion, Mt. Hood National Forest, Clackamas 
County, OR

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Forest Service, USDA, will prepare an environmental impact 
statement (EIS) on a proposal to expand an existing rock quarry. The 
Proposed Action will be in compliance with the 1990 Mt. Hood National 
Forest Land and Resource Management Plan (Forest Plan) as amended by 
the Northwest Forest Plan, which provides the overall guidance for 
management of this area. The Proposed Action is within the Salmon River 
watershed on the Zigzag Ranger District and scheduled for 
implementation in fiscal year 2003. The Mt. Hood National Forest 
invites written comments and suggestions on the scope of the analysis. 
The agency will give notice of the full environmental analysis and 
decision-making process so interested and affected people may be able 
to participate and contribute in the final decision.

DATES: Comments concerning the scope of the analysis should be 
postmarked by March 1, 2002.

ADDRESSES: Send written comments and suggestions concerning the 
Proposed Action in this area to Jim Tierney, Project Coordinator, 595 
NW Industrial Ways, Estacada, Oregon 97023 (phone: 503-630-8751). 
Comments may also be sent by FAX (503-630-2299). Include your name and 
mailing address with your comments so documents pertaining to this 
project may be mailed to you.

FOR FURTHER INFORMATION CONTACT: Questions about the Proposed Action 
and EIS should be directed to Jim Tierney (address and phone number 
listed above), or to Mike Redmond, Environmental Coordination, 16400 
Champion Way, Sandy, Oregon 97055-7248 (phone: 503-668-1776).

SUPPLEMENTARY INFORMATION: The Proposed Action includes expansion of 
the existing Palmer rock quarry on approximately 60 acres of National 
Forest system land. The proposal may also include road improvements on 
the access to the quarry. The excavated material from the quarry would 
be used by the Forest Service and the Oregon Department of 
Transportation of maintenance and reconstruction of roads, including 
State Highways 26 and 35.
    The project area is located approximately 4 miles south of 
Government Camp, in Section 2, T.4S., R.8-\1/2\E., Willamette Meridian, 
Clackamas County, Oregon. This analysis will evaluate a range of 
alternatives for implementation of the project activities including a 
no-action alternative. The project area does not include any 
wilderness, roadless areas, wild and scenic rivers, late successional 
reserves, or riparian reserves.
    Some of the preliminary issues that have been identified include: 
Visual quality as seen from key view points on the Forest, and traffic 
management conflict between commercial use and recreation.
    The scoping process will include the following: Identify and 
clarify issues; identify key issues to be analyzed in depth; explore 
alternatives based on themes which will be derived from issues 
recognized during scoping activities; and identify potential 
environmental effects of the Proposed Action and alternatives.
    The draft EIS is planned to be filed with the Environmental 
Protection Agency (EPA) and available for public review by September 
2002. The EPA will publish a Notice of Availability (NOA) of the draft 
EIS in the Federal Register. The comment period on the draft EIS will 
be 45 days from the date the NOA appears in the Federal Register. 
Copies of the draft EIS will be distributed to interested and affected 
agencies, organizations, Indian Tribes, and members of the public for 
their review and comment. It is important that those interested in this 
proposal on the Mt. Hood National Forest participate at that time.
    Comments received in response to this Proposed Action, 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 parts 215 or 
217. 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, confidentiality may be granted in only very limited 
circumstances, such as to protect trade secrets. The Forest Service 
will inform the requestor of the agency's decision regarding the 
request for confidentiality,

[[Page 1956]]

and where the request is denied, the agency will return the submission 
and notify the requestor that the comments may be resubmitted with or 
without names and addresses within thirty days.
    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 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 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 EIS. 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 available by March 2003. In the 
final EIS, the Forest Service is required to respond to substantive 
comments received during the comment period for the draft EIS. The 
responsible official is Gary Larsen, Mt. Hood National Forest 
Supervisor. The responsible official will decide which, if any, of the 
alternatives will be implemented. The Palmer Quarry Expansion decision 
and rationale will be documented in a Record of Decision, which will be 
subject to Forest Service Appeal Regulations (36 CFR part 215).

    Dated: December 28, 2001.
Kathryn J. Silverman,
Acting Forest Supervisor.
[FR Doc. 02-921 Filed 1-14-02; 8:45 am]
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