[Federal Register Volume 67, Number 240 (Friday, December 13, 2002)]
[Notices]
[Pages 76714-76716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31414]


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DEPARTMENT OF AGRICULTURE

Forest Service


Lincoln Ranger District, Helena National Forest, Lewis & Clark 
County, Montana Copper Creek Road Improvements

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare environmental impact statement.

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SUMMARY: The USDA, Forest Service will prepare an environmental impact 
statement (EIS) on a proposal to improve the Copper Creek Road, which 
includes repaving existing pavement, paving existing gravel, upgrading 
dirt surface to gravel, and widening a single-lane bridge to a two 
lane-bridge on an existing two-lane road. This project includes 14.2 
miles of Copper Creek Road from the junction at State Highway 200 
passing through Forest Service, State, and private land.
    The Copper Creek Road provides access to Snowbank Lake, Copper 
Creek Campground, and the Indian Meadow Trailhead for accessing the 
Scapegoat Wilderness.

DATES: Comments concerning the proposal and scope of the analysis must 
be received in writing by January 17, 2003. The draft EIS is expected 
to be completed in summer of 2003 with the final EIS slated for fall/
winter of 2003.

ADDRESSES: Send written comments to Martie Schramm, Acting District 
Ranger, Helena National Forest, Lincoln Ranger District, 7269 Highway 
200, Lincoln, MT 59644. Phone: (406) 362-3425. Martie Schramm is also 
the responsible official for this project.

FOR FURTHER INFORMATION, CONTACT: Charlie McKenna, Forest Engineer, 
Helena National Forest, 2880 Skyway Drive, Helena, MT 59601. Phone 
(406) 449-5201.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    The Lincoln Ranger District of the Helena National Forest has 
identified the need for reduced sedimentation produced from erosion of 
the Copper

[[Page 76715]]

 Creek Road and for improved traffic safety for recreation and 
management uses to the areas accessed by this road system.
    Concerns for fish occupying this drainage include sediment running 
off the aggregate surface of the road and adjacent road cuts as-well-as 
several locations of the drainage that are cutting towards the roadbed, 
and fish passage barriers existing at two locations cutting off 
potential fish habitat.
    In addition, Copper Creek Road in its current configuration has 
several traffic hazards including a one-lane bridge that constricts 
traffic flow and has approaches with poor visibility, roadbed alignment 
with several narrow curves where driver vision is limited, and the 
aggregate-surface segment of the road frequently develops washboards 
and large potholes creating unsafe conditions for drivers.

Proposed Action

    The Lincoln Ranger District, Helena National Forest, proposes to 
make improvements to 14.2 mi of Copper Creek Road, located in the 
Lincoln Ranger District, in Lewis and Clark County, Montana. The 
project would include re-paving the existing 2.6 mi of paved road, 
paving an additional 5.9 mi of the existing aggregate-surface (gravel) 
road, improving the 5.7 mi of single-lane native-surface road above 
Copper Creek Campground, replacing a one-lane bridge with a two-lane 
bridge, replacing culverts to reestablish fish passage and to withstand 
100-year flood events, and realigning some segments away from Copper 
Creek. These realignments may require construction of retaining walls 
for some road cuts and where space is limited, engineered structures 
may be installed between the active stream channel and the road fill to 
minimize further encroachment.
    The segment from the junction with State Highway 200 to Copper 
Creek Campground would meet the minimum standards necessary to support 
the intended uses and improve user safety, while protecting affected 
resources. The Lincoln Ranger District proposes to reconstruct the road 
to an American Association of State Highway and Transportation 
Officials design standard corresponding to ``Rural Recreational and 
Scenic Roads.'' This design standard includes an overall width 
(including shoulders) of 20 ft (6 m). The proposed design speed would 
be low (0 to 45 mph).
    The project includes mitigation measures to reduce impacts to 
riparian areas, wildlife habitat and other resources. These measures 
would include but not limited to:
    a. Revegetating all disturbed areas with approved native 
vegetation.
    b. Controlling sediment movement by use of temporary structures 
such as fabric fences and straw bales during construction.
    c. Reducing impacts to streams by minimizing activities within the 
active stream channel, and temporarily diverting the stream when 
activities within the active stream channel can not be avoided.
    d. Avoiding or minimizing removal of desirable woody debris and 
disturbance to existing vegetation adjacent to streams to maintain 
filter strips
    e. Timing all construction activities to minimize disturbance to 
wildlife.
    f. Halting construction and stabilizing the activity area prior to 
winter to minimize sediment yield at peak flows during spring thaw, as 
required by the Forest Plan.

Preliminary Issues

    Copper Creek provides critical spawning habitat for upper Blackfoot 
River fluvial bull trout, a species listed as threatened under the 
Endangered Species Act. Bull trout spawning occurs both upstream and 
downstream of Snowbank Lake. Westslope cutthroat trout (a sensitive 
species) are also found in Copper Creek.

Possible Alternatives

    Alternatives being considered at this time are this proposal and 
the no action (proceed with current maintenance).

Scoping Process

    The Forest Service is seeking information and comments from 
Federal, State and local agencies as well as individuals and 
organizations that may be interested in, or affected by, the proposed 
action. Preparation of the Draft Environmental Impact Statement will 
use information from responses received from this NOI, a public meeting 
this December in Lincoln, MT, and through a mailing informing the 
public of this proposal. The Forest Service invites written comments 
and suggestions related to and within the scope of this proposal.

Permits or Licenses Required

    In order to proceed, this proposal may require the following 
permits from the State of Montana:
    [sbull] Application for Short-Term Water Quality Standard for 
Turbidity Related to Construction Activity (318 Authorization).
    [sbull] Stream Protection Act 124 Permit.
    [sbull] Clean Water Act Section 401 Water Quality Certification.

Comment Requested

    The comment period on the draft environmental impact statement will 
be a minimum of 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 (http://www.epa.gov/epahome/cfr40.htm).
    Comments received, including the names and addresses of those who 
comment, will be considered part of the public record on this proposal 
and will be available for public inspection.
(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, 
section 21).

[[Page 76716]]

Implementation

    The Lincoln Ranger District anticipates beginning construction on 
the project in late summer 2004, stopping construction during the 
winter months, and resuming construction the following year. The 
project is expected to take 12 months to complete, including winter 
shutdown.
    No change to travel restrictions associated with this road or other 
roads and trails accessed by this road would occur, as part of this 
action.

Nature of Decision To Be Made

    The decision framework refers to the scope of the decision that 
will be issued at the conclusion of this analysis by the responsible 
official. The decision will be based on information disclosed in the 
environmental document, contained in the Project Analysis File, and 
comments submitted during the scoping of the proposed action and the 
comment period.
    The Responsible Official may decide whether or not to:
    [sbull] Select the Proposed Action,
    [sbull] Select an alternative to the Proposed Action, or
    [sbull] Select portions from the developed range of alternatives 
and combine them in a logical package.
    In selecting one of the above options, the terms and conditions of 
the selection will be fully displayed and understood. Within the 
parameters of this decision space, it will also be determined if a 
Helena Land and Resource Management Plan amendment would be necessary. 
The decision maker will take into consideration relationships of 
alternatives to the identified significant issues.

    Dated: December 9, 2002.
Dwight Chambers,
Acting Forest Supervisor.
[FR Doc. 02-31414 Filed 12-12-02; 8:45 am]
BILLING CODE 3410-11-P