[Federal Register Volume 68, Number 44 (Thursday, March 6, 2003)]
[Notices]
[Pages 10684-10685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5245]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 68, No. 44 / Thursday, March 6, 2003 / 
Notices  

[[Page 10684]]



DEPARTMENT OF AGRICULTURE

Forest Service


Eyerly Fire Salvage, Deschutes National Forest, Jefferson County, 
OR

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) on a proposed action to salvage dead and severely 
damaged trees, utilize small diameter forest products resulting and to 
plant trees to assist in the restoration of the area burned in the 
Eyerly fire on the Sisters Ranger District of the Deschutes National 
Forest. The purpose of the proposed action is to make burned commercial 
timber and small diameter trees available to the economy and community, 
and to facilitate development of a long term sustainable forest through 
reforestation. The Eyerly Fire, located about 20 miles north of 
Sisters, Oregon, burned about 25,573 acres. Approximately 76 percent 
(17,871 acres) of the fire area is on the Deschutes National Forest. 
The alternatives will include the proposed action, no action, and any 
additional alternatives that respond to issues generated during the 
scoping process. The proposed action will require a non-significant 
amendment to the Deschutes National Forest Land and Resource Management 
Plan (Forest Plan) to substitute other old growth stands for two old 
growth areas that were burned. The proposed salvage and reforestation 
activities are among several actions being considered to facilitate 
recovery and restoration of the area burned in the Eyerly Fire. 
Additional projects intended to aid in restoration of damage caused by 
the Eyerly Fire are planned, and will be analyzed under separate 
environmental analysis efforts. Such restoration projects include: Road 
obliteration and closure to reduce sediment delivery to stream 
channels; planting bitterbrush to increase wildlife forage; tree 
planting in areas outside of salvage units; replacement or repair of 
wildlife guzzlers damaged in the fire to provide water sources for 
wildlife; in-stream additions of large wood or rock placement to 
improve fish habitat; re-vegetation of burned riparian area; and hazard 
tree removal from Perry South Campground. The agency will give notice 
of the full environmental analysis and decision making process so 
interested and affected people may be able to participate and 
contribute in the final decision.

DATES: Comments concerning the scope of the analysis must be received 
by March 31, 2003.

ADDRESSES: Send written comments to Bill Anthony, District Ranger, 
Sisters Ranger District, P.O. Box 249, Sisters, Oregon 97759.

FOR FURTHER INFORMATION CONTACT: Dave Owens, Project Leader, Ochoco 
National Forest, P.O. Box 490, Prineville, Oregon 97754, phone 541-416-
6425. E-mail [email protected].

SUPPLEMENTARY INFORMATION: Proposed Action. The proposed action is for 
salvage of commercial timber on approximately 4,388 acres and 
utilization of small diameter forest products such as posts, rails, 
house logs, chips, or firewood on approximately 622 acres on the 
Sisters Ranger District. Reforestation of the same areas is also 
proposed. The intensity of the Eyerly Fire varied and resulted in some 
areas of no damage while other areas experienced complete stand 
mortality. The volume of burned timber ranges from 1 to 15 thousand 
board feet per acre. Estimated total volume of fire-killed and severely 
damaged timber is in excess of 100 million board feet. The proposed 
salvage harvest would yield approximately 23 million board feet.
    The purpose of the salvage is to recover the economic value of 
merchantable timber from trees that were killed or severely damaged by 
the Eyerly Fire. The design of salvage operations will consider the 
current condition, sensitivity and long term restoration of the 
landscape. Salvage logging would be conducted by a combination of 
ground-based tractor, skyline and helicopter yarding. Dead and severely 
damaged trees in excess of wildlife habitat and soil protection needs 
would be salvaged and generally include trees greater than 12 inches 
diameter. Dead and severely damaged trees smaller than 12 inches 
diameter unsuited for commercial timber are proposed for utilization as 
posts, rails, house logs, chips or firewood on about 622 acres. The 
proposed action includes construction of short temporary roads, 
totaling less than 2 miles, to provide access. Timber harvest residues 
would be treated by a variety of methods including lopping and 
scattering, burning in place, piling and burning, or yarding tops to 
landings to be burned. To reduce value loss due to wood deterioration 
the timber would be offered for sale in the Fall 2003.
    Areas treated would be located outside of Riparian Reserves and 
Riparian Habitat Conservation Areas (RHCA). Riparian Reserve and RHCA 
widths vary by stream class. Dead trees (snags) and down wood would be 
left at levels consistent with Forest Plan standards. No salvage or 
small diameter utilization is proposed within the roadless area within 
the project area.
    Purpose and Need for Action. The purpose of the salvage and tree 
planting is to recover the economic and social value of merchantable 
timber from trees that were killed or severely damaged by the Eyerly 
Fire, and to facilitate development of a long term sustainable forest 
through reforestation.
    Scoping Process. Public participation will be sought at several 
points during the analysis, including listing of this project in the 
Winter 2002 and subsequent issues of the Ochoco and Deschutes National 
Forest's Schedule of Proposed Activities; letters to agencies, 
organizations, tribes, and individuals who have previously indicated 
their interest in such activities. Scoping is an integral part of 
environmental analysis. Scoping includes refining the proposed action, 
determining the responsible official and lead and cooperating agencies, 
identifying preliminary issues, and identifying interested and affected 
persons. The results of scoping are used to identify public involvement 
methods, refine issues, select an interdisciplinary team, establish 
analysis criteria, and explore possible alternatives and their probable 
environmental effects.
    Preliminary Issues. Preliminary issues identified include: Snag and 
downed wood habitat; big game habitat; disturbance of cultural 
resources;

[[Page 10685]]

potential for noxious weed invasion and expansion; effects of proposed 
activities on soil productivity and erosion; effects of proposed 
activities on water quality and fish habitat including Bull Trout 
populations; effects of the proposed activities on late successional 
reserves and old growth habitat; potential loss of commercial timber 
value; economic viability of timber salvage; effects of the proposed 
activities on potential wildfire intensity; and effects on public 
access, safety and use of the area.
    Public comments about this proposal are requested in order to 
assist in properly scoping issues, determining how to best manage the 
resources, and fully analyzing environmental effects. Comments received 
to this notice, including names and addresses 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 
decisions under 36 CFR parts 215 and 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 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 a specified number of days.
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review. A draft EIS will be filed with the Environmental 
Protection Agency (EPA) and available for public review by May 2003. 
The EPA will publish a Notice of Availability (NOA) of the draft EIS in 
the Federal Register. The comment period on the draft EIS will be 45 
days from the date the NOA appears 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 
a draft EIS 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 EIS stage but that are not raised 
until after completion of the final EIS 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 EIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft EIS 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 EIS 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.
    The final EIS is scheduled to be available October 2003. In the 
final EIS, the Forest Service is required to respond to substantive 
comments received during the comment period for the draft EIS. The 
Forest Service is the lead agency and the responsible official is the 
Forest Supervisor, Deshutes National Forest. The responsible official 
will decide where, and whether or not to salvage timber. The 
responsible official will also decide how to mitigate impacts of these 
actions and will determine when and how monitoring of effects will take 
place. The Eyerly Fire Salvage decision and the reasons for the 
decision will be documented in the record of decision. That decision 
will be subject to Forest Service Appeal Regulations (36 CFR part 215).

    Dated: February 26, 2003.
Kevin D. Martin,
Deputy Forest Supervisor, Deschutes National Forest.
[FR Doc. 03-5245 Filed 03-5-03; 8:45 am]
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