[Federal Register Volume 67, Number 114 (Thursday, June 13, 2002)]
[Notices]
[Pages 40685-40686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14898]


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DEPARTMENT OF AGRICULTURE

Forest Service


North Fork Fire Salvage; Notice of Intent

AGENCY: Forest Service, USDA.

ACTION: Notice; intent to prepare an Environmental Impact Statement.

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SUMMARY: The purpose of this notice is to inform the public that the 
Forest Service intends to prepare an environmental impact statement for 
the North Fork Fire Salvage project, Sierra National Forest, Madera 
County, California.

DATES: The public is asked to submit any issues regarding potential 
effects of the proposed action or alternatives by July 15, 2002.

ADDRESSES: Send written comments to David Martin, District Ranger, Bass 
Lake River Ranger District, P.O. 57003 Road 225, North Fork, California 
93643.

FOR FURTHER INFORMATION CONTACT: Michael Price, Team Leader, at (559) 
877-2218 ext. 3162, or e-mail [email protected].

SUPPLEMENTARY INFORMATION:   

Background and Early Public Involvement

    On Monday, August 20, 2001, the North Fork Fire started at 12:25 
approximately 1 mile north of the town of North Fork. The fire 
proceeded to burn 4132 acres of the South Fork Bluffs threatening the 
town of North Fork and outlying communities, destroying two residential 
homes and approximately 1498 acres of coniferous forest stands. The 
Fire occurred in the area addressed by the Willow Creek Landscape 
Ecosystem Analysis, June 1995. On September 28, 2001, the Forest 
decided to commence an environmental analysis of proposed timber 
salvage harvest and the public was invited to present their comments or 
concerns. The Forest has decided to prepare an Environmental Impact 
Statement. No additional public meetings are anticipated.

Proposed Action

    The proposed action is to salvage harvest and sell merchantable 
trees identified within the guidelines of the Sierra National Forest 
Land and Resource Management Plan, 1991, (SNF LRMP) as amended by the 
Sierra Nevada Forest Plan Amendment (SNF EIS), Record of Decision 
(ROD), Jan. 2001 (Framework). The proposal includes salvage harvest of 
dead timber, predominately by helicopter harvest system, on 
approximately 538 acres, and conventional ground tractor/skidder 
harvest on approximately 71 acres. Harvesting and follow-up treatments, 
such as activity fuels treatments and planting, will be consistent with 
SNF EIS ROD requirements for the Urban/Wildland Intermix Defense and 
Threat Zones. Planting will be done on a portion of the burned area to 
accelerate a return of these areas to native coniferous vegetation.
    The purpose and need is defined and guided by the Sierra National 
Forest Land and Resource Management Plan (LRMP), as amended in January 
2001 by the Sierra Nevada Forest Plan Amendment (SNFP) Final 
Environmental Impact Statement Record of Decision (ROD) and the Willow 
Creek Landscape Analysis Plan. The SNFP ROD directs the national forest 
to maintain or restore ecological sustainability to provide a 
sustainable flow of uses, values, products, and

[[Page 40686]]

services from the land (ROD pg 7). Under the plan, an estimated 91 
million board feet (MMBF) of salvage harvest may be produced from the 
11 national forests annually (ROD-11). This project will contribute 
approximately 5 MMBF to these expectations.
    The proposed activities are consistent with the Sierra National 
Forest LRMP, as amended, and the Willow Creek Landscape Ecosystem 
Analysis.

Preliminary Alternatives to the Proposed Action

    To comply with NEPA, the Forest Service will evaluate alternatives 
to the proposed action within the EIS, including No Action and other 
alternatives responding to public comments. Each alternative will be 
rigorously explored and evaluated, or rationale will be given for 
eliminating an alternative from detailed study. A range of alternatives 
may be considered.

Responsible Official

    The Responsible Deciding Official is James L. Boynton, Forest 
Supervisor, Sierra National Forest, 1600 Tollhouse Rd., Clovis, CA 
93612.

Public Involvement

    The public will be invited to participate in the scoping process, 
and review of the draft environmental impact statement (DEIS). Comments 
from the public and other agencies will be used in preparation of the 
DEIS. No public meetings are planned. The draft environmental impact 
statement is expected to be available for public review and comment in 
September 2002 and a final environmental impact statement in November 
2002. 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. It is 
very important that those interested in this proposed action 
participate at that time. To be most helpful, comments on the draft 
environmental impact statement should be as specific as possible and 
may address the adequacy of the statement or the merits of the 
alternatives discussed (see The Council on Environmental Quality 
Regulations for implementing the procedural provisions of the National 
Environmental Policy Act at 40 CFR 1503.3).
    Comments received in response to this solicitation, 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 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 (FOIA) permits such confidentiality. Persons 
requesting such confidentiality should be awarded 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 
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.
    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 the 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 environmental impact statement stage but that are not raised 
until after completion of the final environmental state may be viewed 
or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 1016, 
1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490F. 
Supp. 1334 (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 
environmental impact statement.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft 
environmental impact statement 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 
environmental impact 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: June 5, 2002.
James L. Boynton,
Forest Supervisor.
[FR Doc. 02-14898 Filed 6-12-02; 8:45 am]
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