[Federal Register Volume 67, Number 230 (Friday, November 29, 2002)]
[Notices]
[Pages 71130-71132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30169]


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DEPARTMENT OF AGRICULTURE

Forest Service


Scott Peak Project Area Environmental Impact Statement

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Department of Agriculture, Forest Service, will prepare an 
Environmental Impact Statement (EIS) on a proposal to harvest timber, 
to enhance recreational opportunities, to perform watershed restoration 
work, and to develop a road management plan for the Scott Peak Project 
Area on northeastern Kupreanof Island, on the Petersburg Ranger 
District, Tongass National Forest. The proposed action for timber 
harvest provides for multiple timber sale opportunities resulting in 
the production of approximately 16 million board feet (mmbf) of timber 
from approximately 680 acres of forested land. Since this project is 
within the Mitkof/Kupreanof Biogeographic province, all timber harvest 
silvicultural prescriptions will meet marten standards and guidelines 
as described in the Tongass Land and Resource Management Plan (Forest 
Plan). Approximately 3 miles of temporary road would be necessary for 
timber harvest; no classified road would be constructed. A range of 
alternatives responsive to significant issues is being developed and 
will include a no-action alternative. Currently the preliminary action 
alternatives propose timber harvest ranging from 3mmbf to 16 mmbf, with 
0 to 3 miles of temporary road construction. The Record of Decision 
will disclose whether and where the Forest Supervisor has decided to 
provide timber harvest units, roads, associated timber harvesting 
facilities, dispersed recreation sites, and watershed improvements.

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DATES:  A public mailing that outlines the project timeline and public 
involvement opportunities is planned for distribution in Fall 2002. 
Individuals who want to receive this malign should contact us within 30 
days of the publication of this NOI. To be most useful, comments 
concerning the scope of this project should be received by December 23, 
2002. The draft Environmental Impact Statement is projected to be filed 
with the Environmental Protection Agency (EPA) in the winter of 2003 
and will begin a 45-day public comment period. The Final Environmental 
Impact Statement and Record of Decision are anticipated to be published 
in the summer of 2003.

ADDRESSES: Please send written comments to the Petersburg Ranger 
District, Tongass National Forest, Attn: Scott Peak Project Area EIS, 
PO Box 1328, Petersburg, AK 99833. The FAX number is (907) 772-3871 or 
Cynthia Sever, Interdisciplinary Team Leader, Petersburg Ranger 
District, PO Box 1328, Petersburg, AK 99833; telephone (907) 772-3871.

SUPPLEMENTARY INFORMATION: Background: The 24,110 acre Scott Peak 
Project Area is located within value Comparison Unit 444 on Kuprean of 
Island, Alaska on the Petersburg Ranger District of the Tongass 
National Forest, Portions of two Inventoried Roadless Areas, Missionary 
212 and Five Mile 213, as identified by the Forest 
plan, are located within the project area. None of the proposed timber 
wharves units or temporary roads are within these or any other roadless 
area as defined by the U.S. District Court (District of Alaska in 
Sierra Club v. Rey (J00-0009 CV (JKS)). The project area includes one 
small old-growth habitat reserve as designated in the Forest Plan. A 
Forest plan amendment would be required if a decision is made to modify 
the old-growth habitat reserve boundary associated with this project.
    The purpose and need for the Scott Peak Project is: (1) To 
implement the direction contained in the 1997 Tongass Land Management 
Plan and the 1997 ROD, including goals, objectives, management 
prescriptions, and standards and guidelines; (2) to maintain wood 
production from suitable timber lands, providing a continuous supply of 
wood to meet society's needs; (3) to help provide a stable supply of 
timber from the Tongass National Forest which meets existing and 
potential market demand and is consistent with sound multiple use and 
sustained yield objectives; and (4) to help meet the desired future 
condition of the landscape as described by the 1997 Tongass Land and 
Resource Management Plan.
    Public Participation: Public participation has been an integral 
component of the study process and will continue to be especially 
important at several points during the analysis. The Forest Service 
will be seeking information, comments, and assistance from Tribal 
Governments, Federal, State, and local agencies, individuals and 
organizations that may be interested in, or affected by, the proposed 
activities. Written scoping comments have been solicited through an 
informal scoping package that was sent to the project mailing list and 
was available at open houses in Petersburg, AK and Kate, AK. The 
scoping process includes: (1) Identification of potential issues; (2) 
identification of issues to be analyzed in depth; and, (3) elimination 
of insignificant issues or those which have been covered by a previous 
environmental review. Tentative issues identified for analysis in the 
EIS include the potential effects of the project on, and the 
relationship of the project to, the old-growth habitat reserve system 
and timber sale economics.
    Based on results of scoping and the resource capabilities within 
the project area, alternatives including a ``no-action'' alternative 
will be developed for the Draft Environmental Impact Statement. 
Subsistence hearings, as provided for in Title VIII, Section 810 of the 
Alaska National Interest Lands Conservation Act (ANILCA), will be 
provided, if necessary, during the comment period on the Draft 
Environmental Impact Statement.
    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). Environmental objections that could have been raised at 
the Draft 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 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 of the proposed action, comments during scoping and 
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 Environmental Impact 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. Comments received in response to this 
solicitation, including names and address 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 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. Requesters should be aware that, under 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 within 7 days.
    Permits: Permits required for implementation include the following:
1. U.S. Army Corps of Engineers
--Approval of discharge of dredged or fill material into the water of 
the United States under Section 404 of the Clean Water Act;
--Approval of the construction of structures or work in navigable 
waters of the United States under Section 10 of the Rivers and Harbors 
Act of 1899;
2. Environmental Protection Agency
--National Pollutant Discharge Elimination System (402) Permit;

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--Review Spill Prevention Control and Countermeasure Plan;
3. State of Alaska, Department of Natural Resources
--Tideland Permit and Lease or Easement;
4. State of Alaska, Department of Environmental Conservation
--Solid Waste Disposal Permit;
--Certification of Compliance with Alaska Water Quality Standards (401 
Certification) Chapter 20.

    Responsible Official: Thomas Puchlerz, Forest Supervisor, Tongass 
National Forest, Federal Building, Ketchikan, AL 99901, is the 
responsible official. The responsible official will consider the 
comments, responses, disclosure of environmental consequences, and 
applicable laws, regulations, and policies in making the decision and 
state the rationale in the Record of Decision.

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

    Dated: November 19, 2002.
Thomas Puchlerz,
Forest Supervisor.
[FR Doc. 02-30169 Filed 11-27-02; 8:45 am]
BILLING CODE 3410-11-M