[Federal Register Volume 67, Number 128 (Wednesday, July 3, 2002)]
[Notices]
[Pages 44587-44589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16708]


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DEPARTMENT OF AGRICULTURE

Forest Service


Dixie National Forest, Utah, Duck Creek Fuels Treatment Analysis

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) to implement fuels treatments in the Duck Creek area, 
within the Cedar City Ranger District, Dixie National Forest, Utah. The 
agency gives notice of the full environmental analysis and decision-
making process that will occur on the proposal so that interested and 
affected people may become aware of how they can participate in the 
process and contribute to the final decision.

DATES: Comments concerning the scope of the analysis must be received 
by thirty days after publication of this Notice Of Intent in the 
Federal Register. The draft environmental impact statement is expected 
in June, 2002. The final environmental impact statement is expected in 
January, 2003.

ADDRESSES: Send written comments to: Duck Creek Fuels Treatment 
Analysis Coordinator, Cedar City Ranger District, Dixie National 
Forest, 1789 Wedgewood, P.O. Box 627, Cedar City, Utah 84720.

FOR FURTHER INFORMATION CONTACT: Duck Creek Fuels Treatment Analysis 
Coordinator, Cedar City Ranger District, Dixie National Forest, 1789 
Wedgewood, P.O. Box 627, Cedar City, Utah 84720.

SUPPLEMENTARY INFORMATION: The proposed treatments will implement 
direction in the National Fire Plan, a USDA/USDI effort to reduce 
impacts of wildfires on people and resources. In August, 2000 President 
Clinton directed the Secretaries of Agriculture and Interior to reduce 
the impacts of wildland fires on rural communities. The Secretaries 
subsequently developed the National Fire Plan. This direction was 
followed by congressionally-approved plans that funded ``hazardous fuel 
reduction'' near urban interface areas.
    The National Fire Plan directs Federal agencies within USDA/USDI to 
engage states and local communities in reducing forest fuels, using a 
variety of fuel reduction treatments (Mechanical, prescribed fire and 
intensive manual treatment). Hazardous fuel reduction is a critical 
investment necessary to reduce fire risk and fire suppression costs 
into the future and is focused on areas near communities and interface 
areas that the States have judged to be in harm's way of a wildfire.
    The analysis area of 25,741 acres of National Forest system lands 
is located thirty miles east of Cedar City, Utah. The analysis area 
includes six tracts of private lands which are surrounded by National 
Forest lands. The tracts are subdivided into residential lots and 
contain an estimated 1,900 homes and 10 businesses. The specific 
subdivisions are as follows:

------------------------------------------------------------------------
                                            Legal location (approximate)
                Subdivision                    Salt Lake base meridian
------------------------------------------------------------------------
1. Meadow View Heights....................  T38S R7w Sec 6
2. Mirror Lake............................  T38S R7W Sec 5,8
3 Movie Ranch.............................  T38S R7W Sec 7
4. Movie Ranch South......................  T38S R7W Sec 7
5. Color Country..........................  T38S R7W Sec 8,17
6. Timber Trails..........................  T38S R7W Sec 7,17,18
7. Ponderosa Villa........................  T38S R7W Sec 16
8. Strawberry Valley......................  T38S R7W Sec 20,21
9. Swains Creek...........................  T38S R7W Sec 26,2
10. Blackman Hill.........................  T38S R7W Sec 26,27
11. Harris Springs........................  T38S R7W Sec 26
12. Swains Creek Pines....................  T38S R7W Sec 33,34
13. Ponderosa Ranch.......................  T38S R7W Sec 24; T38S R6W
                                             Sec 19
14. Zion View Mtn Estates.................  T38S R8W Sec 2
15. Duck Creek Pines......................  T38S R7W Sec 7
------------------------------------------------------------------------

    The private lands were designated an ``urban interface community at 
risk from wildfires on National Forestlands'' by the Chief of the 
Forest Service (66FR 43383, August 17, 2001). This designation meant 
that Federal funds from the National Fire Plan could be spent to reduce 
fuels on National Forestlands adjacent to the private lands.
    Historic prevention and suppression of wildfire has resulted in 
ever-increasing accumulations of forest fuels. These buildups of forest 
fuels increase the risk of high intensity fires to the National Forest 
and to large private subdivisions within the forest boundary. The 
extensive development and high recreation use have also increased the 
threat of human-caused fires. A high intensity fire occurring within 
this area would cause significant damage to property and natural 
resources. Reducing the risk of wildfires in these areas would provide 
the best opportunity to protect National Forestlands and adjacent 
private properties. The Forest Service has determined that the fuels 
treatment objectives will be met without harvesting trees over nine 
inches in diameter.

Purpose and Need for Action

    The purpose of this project is to modify existing, high fuel loads 
that influence fire behavior in National Forest lands adjacent to 
private lands in the Duck Creek Area. There is a need to reduce minute, 
hour, ten-hour and hundred-hour fuels adjacent to private property and 
in the defensible fire space zone. There is a need to change the 
structure and composition of the fuels throughout the project area, 
especially in aspendominated sites. There is a need to change the 
characteristics of the residual trees by removing ladder fuels from the 
ground to eight feet high. Changing these fuels characteristics and 
reducing the fuel loads would help reduce the risk of property damage 
and allow sufficient time for firefighters to directly attack and 
control a wildfire before housing and other developments are threatened 
or destroyed. The fuel elements that need to be treated are as follows:

Element 1--Ground Fuels Reduction

    Current fuel loads adjacent to private lands range from 20-50 tons 
per acre. The desired condition of the area immediately surrounding the 
subdivisions, Defensible Fire Space (DFS), is to have fuel loads 
reduced to 5-10 tons per acre, a level that would not sustain a high 
intensity wildfire.
    The current fuel loads range from 20-50 tons per acre in the 
general forest area outside of the DFS. Reducing the fuel loads in the 
general forest area to 10-15 tons per acre would slow the spread of 
fire and would reduce the potential for a fire to spread into the 
crowns of the trees.

Element 2--Ladder Fuels Reduction

    Lower branches and small trees currently extend from the ground 
upward, the ladder a fire would climb

[[Page 44588]]

to reach higher crowns. Ladder fuels have increased dramatically as 
ponderosa pine trees with small crowns and few lower branches have been 
replaced by fir and spruce that have large crowns and branches 
extending to the ground. Fire suppression has also resulted in a dense 
understory of young trees that contribute to the fire ladder. The 
desired condition within the DFS is to effectively prevent a ground 
fire from climbing into upper tree crowns.

Elements 3--Retention of Fire Tolerant Species

    Aspen is naturally regenerated by wildfire, and therefore is 
considered a fire-tolerant species. Aspen stands within the watershed 
are being encroached upon by tree species such as spruce and fir, which 
are fire intolerant species. Stands with high density of aspen act as 
natural firebreaks or areas where fire activity is slowed. Aspen is a 
short-lived species that requires disturbance in order to regenerate; 
without disturbance, these stands will eventually be taken over by 
conifers, eliminating the aspen from the area. Conifer encroachment 
increases fire susceptibility and fire behavior within these stands. 
Maintaining aspen stands would help slow the spread of fires that may 
occur. The desired condition is to regenerate and maintain aspen 
stands.

Proposed Action

    The Forest Service proposes to treat fuels in timber stands located 
in Kane County, Utah, Salt Lake Base Meridian, T38S R38W, T38S R7W, 
T39S R8W, T39S R7W and T38S R6W. The specific fuels treatments are as 
follows:
    1. Defensible fire space treatments. Establish a defensible fire 
space (DFS) in National Forest lands from 500'-2000' wide immediately 
surrounding private lands with subdivisions. The area to be treated in 
the DFS is approximately 2,778 acres. To reduce the risk of a wildfire 
reaching or spreading through tree crowns within the DFS, intensive 
fuels removal treatments will be conducted by cutting all conifer trees 
under nine inches in diameter and pruning limbs under eight feet high 
on conifer trees to reduce ladder fuels. Limbs, existing ground fuels 
and slash will be disposed of by piling/burning or chipping.
    2. Mixed conifer treatments. Reduce fuel loads and favor the 
establishment of ponderosa pine on approximately 7,002 acres of mixed 
conifer stands in National Forest lands south and west of the private 
subdivisions. Mixed conifer stands have major components of ponderosa 
pine, white fir and Douglas-fir with minor components of subalpine fir, 
Engelmann spruce and Colorado blue spruce. Fuel loads will be reduced 
by cutting white fir, Douglas-fir, subalpine fir, Engelmann spruce and 
Colorado blue spruce trees under nine inches in diameter. Limbs, 
existing ground fuels and slash will be disposed of by piling/burning 
or chipping.
    3. Spruce/fir treatments. Reduce fuel loads on approximately 952 
acres of spruce/fir conifer stands in National Forest lands south and 
west of the private subdivisions. Spruce/fir stands have major 
components of Engelmann spruce and subalpine fir with minor components 
of ponderosa pine, Colorado blue spruce, Douglas-fir and white fir. 
Fuel loads will be reduced by cutting subalpine fir, white fur and 
Douglas-fir under nine inches in diameter. Engelmann spruce, Colorado 
blue spruce and ponderosa pine trees under nine inches in diameter will 
be retained in this area in order to maintain a spruce component into 
the future. Limbs, existing ground fuels and slash will be disposed of 
by piling/burning or chipping.
    4. Aspen treatments. Regenerate and maintain stands dominated by 
aspen in approximately 2,906 acres of National Forest lands south and 
west of the private subdivisions by cutting Engelmann spruce, Colorado 
blue spruce, subalpine fir and white fir trees under nine inches in 
diameter and underburning fuels. Slash will be pulled away from mature 
(over 18 diameter) ponderosa pine and Douglas-fir trees to 
provide partial protection from prescribed fire. Aspen, a short-lived 
species that acts to slow the spread of wildfire, requires periodic 
disturbance to induce new growth. Underburning will result in 
stimulating and regeneration the aspen. A prescribed fire plan will be 
developed prior to underburning. The plan will outline appropriate 
burning conditions and fire control methods to be implemented to insure 
the prescribed fire is confined to the area to be treated.
    Fuels and slash piling may be done by machine, except where Forest 
Plan standards for soils or slope dictate otherwise. Piles will be 
burned. The transportation system required to treat or remove fuels is 
in place. No new roads would be constructed with this project. Riparian 
areas along perennial streams would be protected with a 300-foot no-
treatment buffer along the edges. Riparian areas along ephemeral 
streams would be thinned, but piling and burning would occur at least 
50 feet away from the channel. No treatment would occur within 100 feet 
of springs occur in order to protect water sources, soils that are wet 
and sensitive to compaction, and riparian habitat.
    The project will be implemented in accordance with direction in the 
Dixie National Forest Land and Resource Management Plan.

Possible Alternatives

    Three or more alternatives will be considered in the analysis.
    No action. Under this alternative, the proposed fuels treatments 
will not be completed. The current forest fuels conditions would not be 
substantially changed and natural processes would continue. This 
alternative will be fully evaluated and described.
    Proposed Action (as described above).
    Additional Alternatives--Additional alternatives may be developed 
in response to issues and resource conditions evaluated through the 
analysis.

Responsible Official

    The responsible official for this EIS and the Record of Decision 
is: Mary Wagner, Forest Supervisor, Dixie National Forest, 1789 
Wedgewood, P.O. Box 627, Cedar City, Utah 84720-0627; FAX: (435) 865-
3791.

Nature of Decision To Be Made

    The Responsible Official will decide whether forest fuels treatment 
would be conducted to reduce risks from wildfires to the National 
Forest and to private lands held within the National Forest; and, if 
so, what extent and types of treatments should be done.

Scoping Process

    Public participation was initiated through scoping in October, 
2001. A scoping notice was sent to 2,796 individuals and organizations 
who are potentially affected parties and those currently on the Dixie 
National Forest mailing list that have expressed interest in natural 
resource projects. Two public meetings were held (October 27, November 
1). Comments and issues were received in response to these public 
contacts.

Scoping Will Continue

    Public participation is especially important during scoping and 
review of the draft EIS. Individuals, organizations, federal, state, 
and local agencies who are interested in or affected by the decision 
are invited to participate in the scoping process. This information 
will be used in the preparation of the draft EIS.

Preliminary Issues

    The following issues were identified through public scoping and 
internal resource analyses:

[[Page 44589]]

    1. The proposed fuels treatments would reduce travel corridors for 
big game (e.g. elk and deer) and birds and small mammals (e.g. turkey, 
grouse, red squirrels and flying squirrels) by substantially 
fragmenting habitat throughout the project area.
    2. The proposed fuels treatments would remove understory trees and 
limbs, which are used by juvenile goshawks within nest areas and 
flammulated owls as roosting habitat.
    3. The proposed fuels treatments would create openings in the 
forest and increase sight distance from the homes within the 
subdivision into the forest. This would change the visuals/aesthetics 
of the area by reducing or eliminating the ``vegetative screening'' 
that many residents value.
    4. Older stands of aspens would be regenerated and replaced by 
younger stands of aspen, reducing and/or changing the aesthetic value 
of these stands. Older trees with large, white boles would be replaced 
by thickets of seedlings and saplings in the short term. Fall color 
viewing would also be impacted.
    5. The proposed fuels treatments would remove young trees and 
seedlings from the spruce/fir stands, resulting in the eventual loss of 
the timber stand due to lack of regeneration.
    6. The proposed fuels treatments are too costly to implement.
    7. The proposed fuels treatment would reduce or eliminate 
understory vegetation that serves as a barrier to off-road motorized 
vehicles, especially by ATV's (All Terrain Vehicles).

Comments Requested

    Comments will continue to be received and considered througout the 
analysis process. Comments received in response to this notice and 
through scoping, including names and addresses of those who comment, 
will be considered part of the public record of 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 grated 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 within a specified number of days.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    A draft environmental impact statement will be prepared for 
comment. The draft EIS is expected to be filed with the EPA 
(Environmental Protection Agency) and to be available for public 
review. At that time the EPA will publish a notice of availability of 
the draft EIS in the Federal Register. The comment period for the draft 
environmental impact statement will be forty-five days from the date 
the EPA's notice of availability appears in the Federal Register. 
Comments on the draft EIS should be as specific as possible and may 
address the adequacy of the statement or the merits of the alternatives 
discussed (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 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 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 
draft environmental impact statement stage but that are not raised 
until after completion of the final environmental impact statement 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 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 the time it can 
meaningfully consider that and respond to them in the final 
environmental impact statement.
    To assist the Forest Service in identifying and considering issues 
and concerns about 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 
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.
    In the final EIS, the Forest Service is required to respond to 
substantive 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 
a decision regarding the proposal.
    The Responsible Official will document the decision and rationale 
for the decision in a Record of Decision. The final EIS is scheduled 
for completion in January, 2003. The decision will be subject to review 
under Forest Service Appeal Regulations.

    Dated: May 23, 2002.
Mary Wagner,
Forest Supervisor, Dixie National Forest.
[FR Doc. 02-16708 Filed 7-02-02; 8:45 am]
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