[Federal Register Volume 67, Number 128 (Wednesday, July 3, 2002)]
[Notices]
[Pages 44589-44591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16709]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service


Cedar City Ranger District, Dixie National Forest; Utah; Duck 
Creek--Swains Access Management Project

AGENCY: Forest Service, USDA.

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

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the Forest Service, USDA, will 
prepare an environmental impact statement (EIS) for the Forest Service 
to implement proposals within the Duck Creek--Swains Access Management 
Project area, on the Cedar City Ranger District, Dixie National Forest, 
1789 N Wedgewood Lane, Cedar City, Utah 84720-7769; FAX: (435) 865-
3791; e-mail: [email protected]. This is a revision in accordance with 
the Federal Register stating that a revised notice to intent is require 
due to a major change. The original notice of Intent for this project 
was published in the Federal Register May 21, 2001 (Vol. 66, No. 98, 
Pages 27934 to 27936). Six months from

[[Page 44590]]

May 21, 2001 would be November 21, 2001, therefore a revision is 
required.

DATES: The DEIS is expected to be available for review by June 2002. 
The Record of Decision and Final Environmental Impact Statement are 
expected to be available by September 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.

ADDRESSES: Send written comments to Priscilla Summers, Project Leader, 
Cedar City Ranger District, 1789 N Wedgewood Lane, Cedar City, Utah, 
84720-7769; FAX: (435) 865-3791; e-mail [email protected]. For further 
information, mail correspondence to Cedar City Ranger District, Dixie 
National Forest, 1789 N Wedgewood Lane, Cedar City, Utah, 84720-7769; 
FAX: (435) 865-3791; e-mail [email protected].

FOR FURTHER INFORMATION CONTACT: Priscilla Summers, Cedar City Ranger 
District, Dixie National Forest, 1789 N Wedgewood Lane, Cedar City, 
Utah, 84720-7769; FAX: (435) 865-3791; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    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.

Proposed Action

    The proposed action includes:
    1. Maintain approximately 222 miles of road open to motorized 
vehicle travel. Approximately 32 miles of this mileage consists of 
State Highways 14 and 89, plus the Mammoth Creek Road. These three 
roads are open but restricted to street legal vehicles only. (This does 
not include approximately 61 miles on private land that would remain 
open in the Duck/Swains area.)
    2. Provide approximately 35 miles of motorized vehicle trail by 
restricting travel to motorized trail use on approximately 33 miles of 
road, and constructing approximately 2 miles of new trail. This does 
not include the Duck Creek ATV Trail system, which is 8.5 miles.
    3. Remove (decommission) approximately 123 miles of unneeded road 
from the Forest Transportation System close to motorized use, and 
restore to a more natural state.
    4. Close approximately 178 miles of road to motorized use, 
retaining them on the Forest Transportation System for forest 
management or emergency use.
    5. Implement a Code of Federal Regulations Special Order in the 
Dixie National Forest Travel Map superceding the existing order that 
would change the wording from: ``roads not shown on the map are open to 
motorized use unless posted as closed on the ground'', to: ``all roads 
are close unless designated open'' in the Duck Creek--Swains Area.
    6. Relocate approximately one-half mile of the Bower's Flat road 
out of a wet meadow.
    7. Any new roads (regardless of origin) inventoried after this 
proposal and corresponding decision will be decommissioned using 
existing authority.
    These activities would occur over five years, with the Strawberry 
Creek and Swains Creek watersheds implemented last.

Possible Alternatives

    Four tentative alternatives excluding the Proposed Action and the 
No Action Alternative have been developed to address the issues listed 
in this notice. These are:
     Alternative C Responds to Issue 1--All closed 
roads would be decommissioned--301 miles
     Alternative D responds to issue 2 with 265 miles 
of road open and 35 miles of motorized trail open.
     Alternative E Responds to Issue 3 with 303 miles 
of road and 35 miles of motorized trail open.
     Alternative F Responds to Issues 4 and 
5. 193 miles of road and 29 miles of motorized trail open).

Responsible Official

    Mary Wagner, Forest Supervisor, Dixie National Forest, 1789 N 
Wedgewood Lane, Cedar City, Utah, 84720-7769.

Nature of Decision To Be Made

    Based on the environmental analysis in this Draft EIS, the Dixie 
National Forest Supervisor will decide whether or not to retain, close, 
relocate, or decommission roads and motorized trails within the Duck/
Swains Area in accordance with Forest Plan goals, objectives and 
desired future conditions. The Forest Supervisory will decide whether 
to implement an action alternative, a modified action alternative, or 
the no action alternative. If an action alternative is selected, it may 
include:
     The miles and location of roads to retain open;
     The miles and location of roads to close;
     The miles and location of roads to decommission;
     The miles and location of new motorized trails to 
construct;
     The miles and location of roads to restrict for motorized 
trail use;
     The location of a new motorized bridge across Swains 
Creek;
     Changing the Code of Federal Regulations Order to 
implement closed unless designated open; and/or
     Mitigation measures and monitoring requirements.
    This decision does not include a forest plan amendment.

Scoping Process

    On May 21, 2001, we published a notice in the Federal Register 
(Vol. 66, No. 98, pgs 27934-27936) soliciting public involvement in the 
development of issues necessary to complete an analysis of the 
environmental impacts of reducing roads in the Duck Creek-Swains area 
of the Cedar City Ranger District on the Dixie National Forest. We 
solicited comments on that notice for 45 days and received 184 
comments. We will consider all the comments that we received in 
response to our May 21, 2001 notice during the preparation of the EIS 
that is the subject of this notice. Therefore, if you submitted 
comments in response to the March 2001 notice, you do not need to 
resubmit those comments in order for the information provided in them 
to be considered during the development of the EIS.

Preliminary Issues

    Issues identified to date include the following:
    1. Open and closed roads cause resource impacts such as 
fragmentation and sedimentation.
    2. Some of the roads proposed for closure or decommissioning 
provide access to scenic vistas, woodcutting, picnicking, hunting, and 
camping. Closing or decommissioning roads would eliminate access to 
these areas.
    3. Increasing ATV and OHV use on the fewer roads left open would 
not meet current and anticipated demand increase would cause the 
potential for user conflicts, congestion and displacement.
    4. Use on some roads left open could cause impacts to goshawk and 
peregrine falcon nesting areas, rims, meadows, and other sensitive 
areas for wildlife.
    5. Existing roads cause changes in natural drainage patterns by 
intercepting subsurface flow, preventing infiltration and redirecting 
flow.

[[Page 44591]]

Comment Requested

    This notice of intent continues the scoping process which guides 
the development of the environmental impact statement. On May 21, 2001, 
we published a notice in the Federal Register (Vol. 66, No. 98, pgs 
27934-27936) soliciting public involvement in the development of issues 
necessary to complete an analysis of the environmental impacts of 
reducing roads in the Duck Creek-Swains area of the Cedar City Ranger 
District on the Dixie National Forest. We solicited comments on that 
notice for 45 days and received 184 comments. We will consider all the 
comments that we received in response to our May 21, 2001 notice during 
the preparation of the EIS that is the subject of this notice. 
Therefore, if you submitted comments in response to the March 2001 
notice, you do not need to resubmit those comments in order for the 
information provided in them to be considered during the development of 
the EIS.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    A draft environmental impact statement will be prepared for 
comment. 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 
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 objections that could be 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, 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 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.

    Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21.

    Dated: May 23, 2002.
Mary Wagner,
Forest Service, Dixie National Forest.
[FR Doc. 02-16709 Filed 7-2-02; 8:45 am]
BILLING CODE 3410-11-M