[Federal Register Volume 67, Number 61 (Friday, March 29, 2002)]
[Notices]
[Pages 15171-15172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7183]


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DEPARTMENT OF AGRICULTURE

Forest Service


Long Damon Plantation Release and Site Preparation Project, Modoc 
County, CA

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Forest Service, Modoc National Forest, Devil's Garden and 
Big Valley Ranger Districts will prepare an environmental impact 
statement (EIS) to disclose the environmental consequences of the 
proposed Long Damon Plantation Release and Site Preparation Project, 
and alternatives to the proposal. The decision to be made, is whether 
to select this proposed action or one of the alternatives to this 
proposal. The Long Damon Plantation Release and Site Preparation 
Project area is located approximately 18 miles northwest of Canby, CA, 
in Modoc County, CA, within the 23,400 acre Damon Wildfire that burned 
in 1996.
    The Forest Service proposes to treat competing vegetation on up to 
4,700 acres that have been, or will be, planted with native conifer 
seedlings. The proposal protects a large public investment in post-fire 
reforestation, accelerates development of the desired resource 
conditions described for this area in the Modoc National Forest Land 
and Resource Management Plan (MLRMP), as amended by the Sierra Nevada 
Forest Plan Amendment Record of Decision--Jan 2001 (SNROD), and 
implements Standards and Guidelines described by MLRMP as amended by 
SNROD. The areas where actions are proposed are identified as General 
Forest, Inventoried Roadless and Wildland Urban Interface areas in the 
SNROD. Vegetation treatments proposed in plantations within these land 
allocations are designed to accelerate development of old forest 
characteristics, increase the distribution and connectivity of forests 
across the landscape, increase stand heterogeneity, and reduce the risk 
of wildfire loss. Projects within Inventoried Roadless and Wildland 
Urban Interface land allocations are designed to move areas towards 
conditions that allow for efficient and safe suppression of wildland 
fire. The proposed action is also consistent with the objectives of the 
Forest and Rangeland Renewable Resources Planning Act of 1974 as 
amended by the National Forest Management Act of 1976: It is the policy 
of the Congress that all forested lands in the National Forests shall 
be maintained in appropriate forest cover with species of trees, 
degrees of stocking, rate of growth and conditions of stand, designed 
to secure maximum benefits of multiple use sustained yield management 
in accordance with land management plans.
    The Forest Service proposes to aerially apply Pronone 10G, a 
granular formulation of the herbicide hexazinone to control competing 
vegetation in post-fire plantations where successful seedling 
establishment is threatened. Aerial application by helicopter is the 
preferred method of treatment due to cost efficiency, speed and 
accuracy of application, and low worker exposure. The objective of this 
treatment is to reduce competing vegetation levels below twenty percent 
total ground cover for a period of two to three years after planting. 
Reforestation success is more readily achieved when competing 
vegetation is managed to produce a favorable environment for survival 
and growth of conifer seedlings. Control of the environment in these 
plantations is critical to ensure survival and growth of native conifer 
seedlings in sufficient quantity and quality to meet the long-term 
objective of increased distribution and connectivity of large trees 
across the landscape. Without adequate stocking of vigorously growing, 
well-distributed seedlings, these plantations will lack the resiliency 
over time to meet these long-term objectives.
    Important preliminary considerations identified to date are: (1) 
Worker safety/ public safety, including Native American plant uses and 
collections; (2) Direct and indirect effects to wildlife and (3) 
Effects to a Forest Service listed sensitive plant, Iliamna bakeri.
    In addition to the proposed action and the no action alternative, 
other possible alternatives include no treatment in specific 
plantations or portions of plantations with high densities if Iliamna 
bakeri where these sub-populations could serve as a seed source for the 
surrounding area. The alternatives to this proposal will include a no-
action alternative.

DATES: Comments identifying issues concerning the effects of the 
proposal should be postmarked on or before April 29, 2002 to receive 
timely consideration in the draft EIS.

ADDRESSES: Submit written comments to: Anne Mileck, Team Leader, USDA 
Forest Service, 800 West 12th St. Alturas, CA 96101. Send electronic 
comments to: [email protected]. Please reference the Long Damon 
Plantation Release and Site Preparation Project on the subject line. 
Also, include your name and mailing address with your comments so 
documents pertaining to this project may be mailed to you. Comments 
received, including names and addresses of those who comment, will 
become part of the public record and may be subject to public 
disclosure. Any person may request the Agency to withhold a submission 
from the public record by showing how the Freedom of Information Act 
permits such confidentiality.

FOR FURTHER INFORMATION CONTACT: Anne Mileck, Team Leader, at 530-233-
8803 or Bernie Weisgerber, District Ranger, Doublehead Ranger District, 
at 530-667-2246.

SUPPLEMENTARY INFORMATION: The information presented in this notice is 
included to help the reviewer determine if they are interested in or 
potentially affected by the proposed land management activities. The 
information presented in this notice is summarized. Those who wish to 
provide comments, or are otherwise interested in the project, are 
encouraged to obtain additional information from the contact identified 
in the FOR FURTHER INFORMATION CONTACT section.

Public Involvement

    Additional information concerning the proposal can be accessed on 
the Internet at http://www.r5.fs.fed.us/modoc/management/nepa/nepa.html.

Process Procedures and Timelines

    The Long Damon Plantation Release and Site Preparation Project has 
been listed in the Modoc National Forest's Calendar of Proposed 
Environmental Actions since January 1999. Public scoping for an 
Environmental Assessment began in the fall of 1999. In January 2000 the 
Forest sent a scoping letter describing the proposed action to 39 
government agencies, public individuals and groups, including private 
landowners adjacent to the proposed treatment areas and to others who 
had been identified as potentially interested in the proposed 
vegetation management program. Consultation with local Native American 
tribal

[[Page 15172]]

representatives started in January of 2000 and has been ongoing. The 
Forest has conducted three field trips to the project area for the 
public and local Native American tribal representatives.
    All comments received from the earlier scoping period will be 
considered in the EIS, unless respondent submits new comments 
indicating changes to prior submissions.
    The draft EIS is expected to be filed with the Environmental 
Protection Agency and available for public review by May 2002. 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, 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 objection that could be raised at the 
draft environmental impact statement state but that are not raised 
until after completion of the final environmental impact statement 
stage may be waived or dismissed by the courts (City of Angoon v. 
Hodel, 803 F. 2nd 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, 
Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980)).
    Because of the above 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 are made available to 
the Forest Service at a time when they can be meaningfully considered 
and responded to in the final environmental impact statement. Comments 
on the draft environmental impact statement should be as specific as 
possible. It is also helpful if comments refer to specific pages, 
sections, or chapters of the draft statement. Comments may also address 
the adequacy of the draft environmental impact statement or the merits 
of the alternatives formulated and discussed in the statement. 
Reviewers may wish to refer to 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 comment period ends on the draft EIS, the comments received 
will be analyzed and considered by the Forest Service in preparing the 
final EIS.
    The final EIS is scheduled to be completed in September, 2002. In 
the final EIS, the Forest Service is required to respond to the 
comments received (40 CFR 1503.4). The responsible official will 
consider the comments, responses, environmental consequences discussed 
in the environmental impact statement, and applicable laws, regulations 
and policies in making a decision regarding this proposal. The 
responsible official will document the decision and reasons for the 
decision in a Record of Decision.
    That decision will be subject to appeal under 36 CFR part 215.
    The responsible official is Dan Chisholm, Forest Supervisor, Modoc 
National Forest, 800 W. 12th St., Alturas, CA 96101.

    Dated: March 18, 2002.
Dan Chisholm,
Forest Supervisor.
[FR Doc. 02-7183 Filed 3-28-02; 8:45 am]
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