[Federal Register Volume 67, Number 149 (Friday, August 2, 2002)]
[Notices]
[Pages 50411-50412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18817]


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DEPARTMENT OF AGRICULTURE

Forest Service


Intent To Prepare an Environmental Impact Statement for the Sugar 
Run Project, McKean County, PA

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Forest Service, Allegheny National Forest, Bradford Ranger 
District, will prepare a Draft Environmental Impact Statement to 
disclose the environmental consequences of the proposed Sugar Run 
Project. The Forest Service is proposing actions that would move the 
Sugar Run Project Area from the existing condition towards the Desired 
Future Condition (DFC) and would maintain the DFC in situations where 
it has been attained. The DFC is described in the Allegheny National 
Forest Land and Resource Management Plan (Forest Plan).
    Proposed activities to meet the Desired Future Condition fall into 
three main categories. (1) Timber harvest and reforestation treatments 
consist of: Shelterwood seedcut/removal cuts, removal cuts, commercial 
thinning, group selection, single tree selection, improvement cutting, 
manual site preparation and release, herbicide application, 
fertilization, fencing, and tree planting. (2) Wildlife habitat 
improvement treatments consist of: noncommercial thinning, oak/hickory/
shrub underplanting, pruning and release of apple trees, hawthorn 
release, constructing new openings, planting/fencing shrubs in 
openings, mowing, topdressing, seeding with wildflowers and grass, 
constructing bat boxes, bluebird boxes and vernal ponds. (3) Recreation 
treatments consist of: trail relocation, trail drainage improvement and 
footbridge construction. (4) Transportation treatments consist of: road 
decommissioning, road repair, road construction, road resurfacing, 
obtaining a right of way from an adjacent property owner, expanding 
stone pits, and changing road access.

DATES: Comments and suggestions concerning the scope of the analysis 
should be submitted (postmarked) by September 3, 2002 to ensure timely 
consideration.

ADDRESSES: Submit written, oral, or e-mail comments by: (1) Mail 
``Sugar Run Project,'' ID Team Leader, HC 1 Box 88, Bradford, PA 16701; 
(2) phone--814-362-4613; (3) e-mail--anf/[email protected] (please 
note: when commenting by e-mail be sure to list Sugar Run EIS in the 
subject line and include a US Postal Service address so we may add you 
to our mailing list). For further information contact Chris Losi, 
project team leader, Bradford Ranger District, at 814-362-4613 or mail/
e-mail correspondence to addresses listed above.

SUPPLEMENTARY INFORMATION: The Allegheny National Forest Land and 
Resource Management Plan (Forest Plan) sets site-specific goals for the 
management of forest resources. The Sugar Run Project includes portions 
of Management Area (MA) 3.0, which emphasizes timber harvesting as a 
means to make desired changes to forest vegetation and satisfy the 
public demand for wood products. The project area also includes 
portions of MA 6.1, which emphasizes providing habitat for wildlife, 
attractive scenery, and opportunities for non-motorized recreation.
    Preliminary Issues were identified based on past projects in the 
area (environmental assessments), issues developed for similar 
projects, and site-specific concerns raised by the resource 
specialists. These issues, listed below, will provide a framework that 
the Forest Service will use to analyze a range of alternatives, 
including No Action for the Project Area.
    1. Road Management--The Sugar Run Project Area contains an array of 
Forest Service, state, and private roads. Although roads provide 
important access for management and recreation, they are also capable 
of causing resource damage. The activities that have been proposed are 
the result of a detailed roads analysis. As alternatives are developed, 
the Forest Service will continue to analyze the risks and benefits of 
changes to the road system.
    2. Even-Aged/Uneven-Aged Management--Even-aged management has been 
identified by the Forest Plan as the primary silvicultural system to be 
used in MA 3.0. Uneven-aged management is an option for MA 6.1 as well 
as inclusions within MA 3.0 such as riparian areas, wet soils, or 
visually sensitive areas. Previous environmental analyses have shown 
that many members of the public have a strong interest in the 
silvicultural system used on Forest Service lands.
    3. Threatened and Endangered Species--Although no endangered, 
threatened, or sensitive species were found within the project area, an 
endangered Indiana bat was documented near the project area. Potential 
effects to the Indiana bat and its habitat will be evaluated for all of 
the alternatives considered in detail.
    4. OHV trail expansion--A project to expand an existing trail for 
Off-Highway-Vehicles (OHVs) into the Sugar Run Project Area is in the 
preliminary planning stage. Although analysis of this trail expansion 
will occur in a separate environmental document, the Sugar Run EIS will 
need to consider the cumulative effects anticipated over the next ten 
years associated with the OHV trail expansion.
    5. Location of North Country National Scenic Trail--Some concerns 
were raised about the proximity of timber treatments and proposed road 
construction to the North Country National Scenic Trail. Since the 
trail is currently near MA 6.1, there may be an opportunity to 
permanently relocate the trail. On the other hand, a permanent 
relocation may best be considered on a larger scale than the current 
project.

Comment Requested

    This notice of intent initiates the scoping process, which guides 
the development of the environmental impact statement. Your comments 
will help the Forest Service refine and enhance the list of issues that 
are considered when analyzing alternatives to the proposed action. When 
this analysis is nearly complete, the Draft EIS will be filed with the 
Environmental Protection Agency and become available for public review 
(expected by April 2003). At that time the Environmental Protection 
Agency will publish a Notice of Availability of the document in the 
Federal Register (this will begin the 45-day comment period on the 
Draft EIS). After the comment period ends on the Draft EIS, the 
comments will be

[[Page 50412]]

analyzed and considered by the Forest Service in preparing the final 
environmental impact statement. The Final EIS is scheduled for release 
in September 2003.
    Comments received, including names and addresses of those who 
comment, will be considered 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 (FOIA) permits such confidentiality.
    The Forest Service believes it is important to give reviewers 
notice at this early stage 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 
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.
    This decision will be subject to appeal under 36 CFR 215. The 
responsible official is John R. Schultz, Bradford Ranger District, HC 1 
Box 88, Bradford, PA 16701.

    Dated: July 19, 2002.
Kevin B. Elliott,
Forest Supervisor.
[FR Doc. 02-18817 Filed 8-1-02; 8:45 am]
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