[Federal Register Volume 68, Number 45 (Friday, March 7, 2003)]
[Notices]
[Pages 11033-11035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5253]


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DEPARTMENT OF AGRICULTURE


Elk and Forest Counties, PA; Notice of Intent To Prepare an 
Environmental Impact Statement

AGENCY: Forest Service, USDA.

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

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[[Page 11034]]

SUMMARY: In accordance with the National Environmental Policy Act, 
notice is hereby given that the Forest Service, Allegheny National 
Forest (ANF), Marienville Ranger District will prepare a Draft 
Environmental Impact Statement to disclose the environmental 
consequences of the proposed Brush Creek Project. The purpose of this 
project is to move the ANF from the existing condition towards the 
desired condition, as detailed in the Allegheny National Forest Land 
and Resource Management Plan (Forest Plan).
    The Forest Plan provides for management of forest resources. 
Management objectives include producing a sustainable supply of high-
quality saw timber and wood products, developing and maintaining a wide 
array of wildlife habitats, and providing a range of recreation 
settings and experiences. The Allegheny National Forest is divided into 
specific zones or Management Areas. Specific objectives are defined for 
each Management Area, and the Brush Creek Project Area contains 
Management Areas 1.0, 3.0, 6.1, and 6.3. MA 3.0 emphasizes timber 
harvest as a means for making desired changes to forest vegetation and 
satisfying the public demand for timber products. Management Area 1.0 
emphasizes habitat conditions in early successional forest stages and 
those wildlife species dependent on such habitat. Management Area 6.1 
emphasizes management of forest vegetation as mature or over mature 
forest. Management Area 6.3 is a special management area designated for 
waterfowl and associated riparian habitat management.
    In order to move toward the Desired Condition proposed activities 
include: (1) Regeneration harvests consisting of shelterwood seed/
removal cuts, overstory removal cuts, clearcuts, and two-age harvests; 
(2) Intermediate harvest consisting of thinning/improvement cuts, 
single tree and group selection, salvage harvests, and release cuts 
(pre-commercial timber stand improvement); (3) Reforestation treatment 
consisting of herbicide application, site preparation, fertilization, 
fencing, release, and, planting; (4) Wildlife habitat improvement 
consisting of (a) restoring/improving aquatic habitat through planting 
and controlling aquatic, shrub, and conifer and streamside vegetation 
species and rehabilitating erosion prone areas and placing aquatic 
structures and coarse woody debris, (b) restoring/reestablishing/
improving terrestrial habitat vegetation through planting and releasing 
native trees and shrubs, prescribed burning, and opening management 
through planting and seeding of native herbaceous vegetation, (c) 
restoring/improving terrestrial habitat structure through aspen 
management, creating snag and providing coarse woody debris, and 
placing nest structures; (5) Transportation activities consisting of 
road construction, reconstruction, eliminating unnecessary roads, 
limestone surfacing, maintaining roads to high standards, and pit 
expansion/construction; (6) Recreation activities including trail 
realignment, construction of parking areas, and efforts to curb illegal 
Off-Highway Vehicle (OHV) use.
    During project analysis issues will be identified that focus on the 
management of the area. Alternatives will be developed to show various 
ways to address the issues. This process is driven by comments received 
from the public, other agencies, and internal Forest Service concerns. 
To assist in commenting, a scoping letter providing more detailed 
information on the project proposal has been prepared and is available 
to interested parties.

DATES: The public comment period will be for 30 days from the date this 
notice is published in the Federal Register. Comments and suggestions 
concerning the scope of the analysis should be submitted within this 
timeframe to ensure consideration.

ADDRESSES: Submit written, oral, or e-mail comments by:
    (1) Mail--Brush Creek Project, ID Team Leader, Marienville Ranger 
District, Ridgway Office, 1537 Montmorenci Road, Ridgway, PA 15953;
    (2) Phone--814-776-6172;
    (3) [email protected] (please note: when 
commenting by e-mail be sure to list Brush Creek EIS in the subject 
line and include a U.S. Postal Service address so we may add you to our 
mailing list).

FOR FURTHER INFORMATION CONTACT: Kevin Treese or Chris Thornton, 
Marienville Ranger District, at 814-776-6172.

SUPPLEMENTARY INFORMATION: Preliminary Issues were developed based on 
past projects in the area (environmental analysis), issues developed 
for similar projects, and Forest Service concerns and opportunities 
identified in the Project Area. These issues are listed below:
    1. Road Management--The Forest Service will complete a Roads 
Analysis, which includes evaluating all roads in the Roads Analysis 
Area for effects to the ecosystem. This effort is being undertaken 
within the Brush Creek project area. The proposed action requires 
examining the road system to determine if the existing road system is 
adequate (or if improvements are needed), and if any roads need to be 
closed for resource protection or other reasons (e.g., water quality, 
wildlife, or recreation opportunities).
    2. Even-Aged/Uneven-Aged Management--The Forest Plan provides 
direction regarding the primary silvicultural system to be used in each 
management area; for Management Area 3.0 it is even-aged management. 
However, uneven-aged management is an option considered for inclusions 
such as riparian areas, wet soils, or visually sensitive areas.
    These issues may be modified as additional issues are identified 
during scoping. A range of alternatives will be considered after public 
comments are received and analyzed. One of these will consider No 
Action for the Project Area. Another alternative will be the proposed 
action. Management actions within the alternatives will respond to the 
issues in different ways by varying the size and intensity of the 
treatments and projects proposed. The amount of even and uneven-aged 
management, wildlife, recreation development, road management, 
watershed rehabilitation and other activities may differ within the 
alternatives. The combinations of proposed activities are likely to be 
adjusted after all comments are reviewed.
    Comments that are site-specific in nature are most helpful to 
resource professionals when trying to narrow and address the public's 
issues and concerns.
    Commenting: 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 Draft EIS is expected to be filed with the Environmental 
Protection Agency and available for public review by October 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 analyzed and considered by 
the Forest Service in preparing the final environmental impact 
statement. The Final EIS is scheduled for release in April 2004.
    The Forest Service believes it is important to give reviewers 
notice at

[[Page 11035]]

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 objection that could be raised at the 
draft environmental impact statement state 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 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 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. To assist 
the Forest Service in identifying and consider 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, 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 CFR 
1503.3 in addressing these points.
    This decision will be subject to appeal under 36 CFR 215. The 
responsible official is Leon F. Blashock, Marienville Ranger District, 
Ridgway Office, 1537 Montmorenci Road, Ridgway, PA 15853 at (814) 776-
6172.

    Dated: February 28, 2003.
Kevin B. Elliott,
Forest Supervisor.
[FR Doc. 03-5253 Filed 3-6-03; 8:45 am]
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