[Federal Register Volume 68, Number 106 (Tuesday, June 3, 2003)]
[Notices]
[Pages 33092-33093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13787]


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DEPARTMENT OF AGRICULTURE

Forest Service


Supplement to the Final Environmental Impact Statement for 
Deadman Creek Ecosystem Management Projects, Colville National Forest, 
Ferry County, WA

AGENCY: Forest Service.

ACTION: Notice of intent to prepare a supplement to a final 
environmental impact statement.

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SUMMARY: The USDA Forest Service will prepare a supplement to the final 
environmental impact statement (EIS) for the Deadman Creek Ecosystem 
Management Projects on the Three Rivers Range District of the Colville 
National Forest. The draft supplemental EIS will display the original 
alternatives as described in the final EIS. Specific actions include 
silviculture treatments that include timber harvest, pre-commercial 
thinning post and pole removal, post harvest fuels treatments, natural 
fuels under-burning, site preparation and reforestation, establishment 
of marten and pileated woodpecker management requirement areas, new 
road construction, road reconstruction, and road maintenance. The draft 
supplemental EIS will add to and update the analysis described in the 
final EIS. The supplemental information includes updated data in all 
specialist reporting areas. Emphasis areas where considerable changes 
were made in text and/or data include recreation/visuals, soils, 
fishery biology, hydrology, transportation, and roadless area analysis. 
There will be no additional scoping period on this project. There will 
be a 45 day public review and comment period on the draft supplemental 
EIS.

ADDRESSES: Send written comments regarding the scope of this 
supplemental analysis to Rolando Ortegon, Acting Forest Supervisor, 
Colville National Forest, 765 South Main, Colville, Washington 99114.

FOR FURTHER INFORMATION CONTACT: Tom Pawley, Deadman Creek Ecosystem 
Management Projects Leader, Three Rivers Ranger District, 255 West 
11th, Kettle Falls, Washington 99141, phone (509) 738-7700.

SUPPLEMENTARY INFORMATION: The Notice of Intent to prepare an 
environmental impact statement (EIS) for this proposed action was 
originally published in the Federal Register on November 12, 1996. The 
draft EIS was released February 11, 2000 with the comment period ending 
April 28, 2000. On March 20, 2001 the Record of decision (ROD) to 
implement Alternative D (modified) of the Deadman Creek Ecosystem 
Management Projects was signed. On September 7, 2001, the Colville 
National Forest Supervisor withdrew the ROD. New supplemental 
information will be analyzed in this draft supplemental EIS to address 
issues raised by public and appellants in the appeal of the ROD.
    The original key issues will guide the analysis. These issues are 
the effects of new road construction, and the effects of entry into 
inventoried roadless areas and other areas with similar 
characteristics. The supplemental information to be analyzed includes: 
a better defined purpose and need section; indicators or units of 
measure for key issues; changes in regulations and requirements 
regarding threatened, endangered, and sensitive wildlife and fish 
species, and sensitive plant species, and how that affects the proposed 
project; the results of additional field work conducted in soils and 
hydrology; supplemental information on recreation within the project 
areas; changes in direction regarding Inventories Roadless Areas and 
other areas lacking classified roads; inclusion of a required Roads 
Analysis report; and additional cumulative effects in most of the 
resource areas.
    The public is invited to offer suggestions and comments in writing 
following the release of the draft supplemental EIS. 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 to public inspection. Comments submitted anonymously will be 
accepted and considered; however, those who submit anonymous comments 
will not have standing to appeal for subsequent decision under 36 CFR 
part 215. Additionally, pursuant to 7 CFR 127(d); and any person may 
request the agency to withhold a submission from the public record by 
showing how the Freedom of Information (FOIA) permits such 
confidentiality may be granted in only 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.
    The draft supplemental EIS is expected to be filed with the 
Environmental Protection Agency (EPA) and released for public review 
June 2003. The comment period on the draft supplemental will be 45 days 
from the date the EPA publishes the notice of availability in the 
Federal Register.
    The Forest Service believes it is important to give reviewers 
notice of this early stage of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
a draft supplemental 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. 509, 553 (1978). Also, 
environmental objections that could be raised at the draft supplemental 
EIS stage but that are not raised until after completion of the final 
supplemental EIS may be waived or dismissed by the courts. City of 
Angoon v. Hodel, 400 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

[[Page 33093]]

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 responded to them in the final supplemental EIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft supplemental 
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 supplemental 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 supplemental EIS will be completed in September 2003. In 
the final supplemental EIS, the Forest Service is required to respond 
to comments and responses received during the comment period that 
pertain to the environmental consequences discussed in the draft 
supplemental EIS and applicable laws, regulations, and policies 
considered in making the decision regarding the Deadman Creek Ecosystem 
Management Projects. The Responsible Official is the Forest Supervisor 
of the Colville National Forest. The Responsible Official will 
determine which alternative best meets the purpose and need of the 
project and addresses the key issues raised about this project. The 
decision and rationale will be documented in the Record of Decision. 
That decision will be subject to Forest Service Appeal Regulations (36 
CFR part 215).

    Dated: May 22, 2003.
Rolando Ortegon,
Acting Forest Supervisor.
[FR Doc. 03-13787 Filed 6-2-03; 8:45 am]
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