[Federal Register Volume 68, Number 138 (Friday, July 18, 2003)]
[Notices]
[Pages 42677-42679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18176]


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DEPARTMENT OF AGRICULTURE

Forest Service


Dixie National Forest, Utah, Duck Creek Fuels Treatment Analysis

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) to implement fuels treatments in the Duck Creek area, 
within the Cedar City Ranger District, Dixie National Forest, Utah. A 
Notice of Intent for this project was published in the Federal Register 
May 23, 2002. This Notice of Intent is a revision to change the dates 
of the EIS and minor corrections of acreages. The agency gives notice 
of the full environmental analysis and decision-making process that 
will occur on the proposal so that interested and affected people may 
become aware of how they can participate in the process and contribute 
to the final decision.

DATES: Comments concerning the scope of the analysis must be received 
within thirty days after publication of this Notice Of Intent in the 
Federal Register. The draft environmental impact statement is expected 
in September, 2003. The final environmental impact statement is 
expected in December, 2003.

ADDRESSES: Send written comments to: Duck Creek Fuels Treatment 
Analysis Coordinator, Cedar City Ranger District, Dixie National 
Forest, 1789 Wedgewood, Cedar City, Utah 84720.

FOR FURTHER INFORMATION CONTACT: Duck Creek Fuels Treatment Analysis 
Coordinator, Cedar City Ranger District, Dixie National Forest, 1789 
Wedgewood, P.O. Box 627, Cedar City, Utah 84720.

SUPPLEMENTARY INFORMATION: The proposed treatments will implement 
direction in the National Fire Plan, a USDA/USDI effort to reduce 
impacts of wildfires on people and resources. In August, 2000 President 
Clinton directed the Secretaries of Agriculture and Interior to reduce 
the impacts of wildland fires on rural communities. The Secretaries 
subsequently developed the National Fire Plan. This direction was 
followed by congressionally-approved plans that funded ``hazardous fuel 
reduction'' near urban interface areas.
    The National Fire Plan directs Federal agencies within USDA/USDI to 
engage states and local communities in reducing forest fuels, using a 
variety of fuel reduction treatments (mechanical, prescribed fire and 
intensive manual treatment). Hazardous fuel reduction is a critical 
investment necessary to reduce fire risk and fire suppression costs 
into the future and is focused on areas near communities and interface 
areas that the States have judged to be in harm's way of a wildfire.
    The analysis area of 25,741 acres of National Forest System lands 
is located thirty miles east of Cedar City, Utah. The analysis area 
includes six tracts of private lands which are surrounded by National 
Forest lands. The tracts are subdivided into residential lots and 
contain an estimated 1,900 homes and 10 businesses. The specific 
subdivisions are as follows:

------------------------------------------------------------------------
                                         Legal location  (approximate)
             Subdivision                    Salt Lake Base Meridian
------------------------------------------------------------------------
1. Meadow View Heights..............  T38S R7W Sec 6.
2. Mirror Lake......................  T38S R7W Sec 5, 8.
3. Movie Ranch......................  T38S R7W Sec 7.
4. Movie Ranch South................  T38S R7W Sec 7.
5. Color Country....................  T38S R7W Sec 8, 17.
6. Timber Trails....................  T38S R7W Sec 7, 17, 18.
7. Ponderosa Villa..................  T38S R7W Sec 16.
8. Strawberry Valley................  T38S R7W Sec 20, 21.
9. Swains Creek.....................  T38S R7W Sec 26, 2.
10. Blackman Hill...................  T38S R7W Sec 26, 27.
11. Harris Springs..................  T38S R7W Sec 26.
12. Swains Creek Pines..............  T38S R7W Sec 33, 34.
13. Ponderosa Ranch.................  T38S R7W Sec 24;
                                      T38S R6W Sec 19.
14. Zion View Mtn Estates...........  T38S R8W Sec 2.
15. Duck Creek Pines................  T38S R7W Sec 7.
------------------------------------------------------------------------

    The private lands were designated an ``urban interface community at 
risk from wildfires on National Forest lands'' by the Chief of the 
Forest Service (Federal Register / Vol. 66, No. 160 / Friday, August 
17, 2001 / Notices). This designation meant that Federal funds from the 
National Fire Plan could be spent to reduce fuels on National Forest 
lands adjacent to the private lands.
    Historic prevention and suppression of wildfire has resulted in 
ever-increasing accumulations of forest fuels. These buildups of forest 
fuels increase the risk of high intensity fires to the National Forest 
and to large private subdivisions within the forest boundary. The 
extensive development and high recreation use have also increased the 
threat of human-caused fires. A high intensity fire occurring within 
this area would cause significant damage to property and natural 
resources. Reducing the risk of wildfires in these areas would provide 
the best opportunity to protect National Forest lands and adjacent 
private properties. The Forest Service has determined that the fuels 
treatment objectives will be met without harvesting trees over nine 
inches in diameter.
    Purpose and Need for Action. The purpose of this project is to 
modify existing, high fuel loads that influence fire behavior in 
National Forest lands adjacent to private lands in the Duck Creek area. 
There is a need to reduce minute, hour, ten-hour and hundred-hour fuels 
adjacent to private property and in the defensible fire space zone. 
There is a need to change the structure and composition of the fuels 
throughout the project area, especially in aspen-dominated sites. There 
is a need to change the characteristics of the residual trees by 
removing ladder fuels from the ground to eight feet high. Changing 
these fuels characteristics and reducing the fuel loads would help 
reduce the risk of property damage and allow sufficient time for 
firefighters to directly attack and control a wildfire before housing 
and other developments are threatened or destroyed. The fuel elements 
that need to be treated are as follows:
    Element 1--Ground Fuels Reduction. Current fuel loads adjacent to 
private lands range from 20-50 tons per acre. The desired condition of 
the area immediately surrounding the subdivisions, Defensible Fire 
Space (DFS), is to have fuel loads reduced to 5-10 tons per acre, a 
level that would not sustain a high intensity wildfire.
    The current fuel loads range from 20-50 tons per acre in the 
general forest area outside of the DFS. Reducing the fuel loads in the 
general forest area to 10-15 tons per acre would slow the spread of 
fire and would reduce the potential for a fire to spread into the 
crowns of the trees.
    Element 2--Ladder Fuels Reduction. Lower branches and small trees 
currently extend from the ground upward, creating the ladder a fire 
would climb to reach higher crowns. Ladder fuels have increased 
dramatically as ponderosa pine trees with small crowns and few lower 
branches have been replaced by fir and spruce that have large crowns 
and branches extending to the ground. Fire suppression has also 
resulted in a dense understory of young

[[Page 42678]]

trees that contribute to the fire ladder. The desired condition within 
the DFS is to effectively prevent a ground fire from climbing into 
upper tree crowns.
    Element 3--Retention of Fire Tolerant Species. Aspen is naturally 
regenerated by wildfire, and therefore is considered a fire-tolerant 
species. Aspen stands within the watershed are being encroached upon by 
tree species such as spruce and fir, which are fire intolerant species. 
Stands with a high density of aspen act as natural firebreaks or areas 
where fire activity is slowed. Aspen is a short-lived species that 
requires disturbance in order to regenerate; without disturbance, these 
stands will eventually be taken over by conifers, eliminating the aspen 
from the area. Conifer encroachment increases fire susceptibility and 
fire behavior within these stands. Maintaining aspen stands would help 
slow the spread of fires that may occur. The desired condition is to 
regenerate and maintain aspen stands.
    Proposed Action: The Forest Service proposes to treat fuels in 
timber stands located in Kane County, Utah, Salt Lake Base Meridian, 
T38S R8W, T38S R7W, T39S R8W, T39S R7W and T38S R6W. The specific fuels 
treatments are as follows:
    1. Defensible fire space treatments. Establish a defensible fire 
space (DFS) in National Forest lands from 500'-2000' wide immediately 
surrounding private lands with subdivisions. The area to be treated in 
the DFS is approximately 2,724 acres. To reduce the risk of a wildfire 
reaching or spreading through tree crowns within the DFS, intensive 
fuels removal treatments will be conducted by cutting all conifer trees 
under nine inches in diameter and pruning limbs under eight feet high 
on conifer trees to reduce ladder fuels. Limbs, existing ground fuels 
and slash will be disposed of by piling/burning or chipping.
    2. Mixed conifer treatments. Reduce fuel loads and favor the 
establishment of ponderosa pine on approximately 7,352 acres of mixed 
conifer stands in National Forest lands south and west of the private 
subdivisions. Mixed conifer stands have major components of ponderosa 
pine, white fir and Douglas-fir with minor components of subalpine fir, 
Engelmann spruce and Colorado blue spruce. Fuel loads will be reduced 
by cutting white fir, Douglas-fir, subalpine fir, Engelmann spruce and 
Colorado blue spruce trees under nine inches in diameter. Limbs, 
existing ground fuels and slash will be disposed of by piling/burning 
or chipping.
    3. Spruce/fir treatments. Reduce fuel loads on approximately 947 
acres of spruce/fir conifer stands in National Forest lands south and 
west of the private subdivisions. Spruce/fir stands have major 
components of Engelmann spruce and subalpine fir with minor components 
of ponderosa pine, Colorado blue spruce, Douglas-fir and white fir. 
Fuel loads will be reduced by cutting subalpine fir, white fir and 
Douglas-fir under nine inches in diameter. Engelmann spruce, Colorado 
blue spruce and ponderosa pine trees under nine inches in diameter will 
be retained in this area in order to maintain a spruce component into 
the future. Limbs, existing ground fuels and slash will be disposed of 
by piling/burning or chipping.
    4. Aspen treatments. Regenerate and maintain stands dominated by 
aspen in approximately 2,366 acres of National Forest lands south and 
west of the private subdivisions by cutting Engelmann spruce, Colorado 
blue spruce, subalpine fir and white fir trees under nine inches in 
diameter and underburning fuels. Slash will be pulled away from mature 
(over 18'' diameter) ponderosa pine and Douglas-fir trees to provide 
partial protection from prescribed fire. Aspen, a short-lived species 
that acts to slow the spread of wildfire, requires periodic disturbance 
to induce new growth. Underburning will result in stimulating and 
regenerating the aspen. A prescribed fire plan will be developed prior 
to underburning. The plan will outline appropriate burning conditions 
and fire control methods to be implemented to insure the prescribed 
fire is confined to the area to be treated.
    Fuels and slash piling may be done by machine, except where Forest 
Plan standards for soils or slope dictate otherwise. Piles will be 
burned. The transportation system required to treat or remove fuels is 
in place. No new roads would be constructed with this project. Riparian 
areas along perennial streams would be protected with a 300-foot no-
treatment buffer along the edges. Riparian areas along ephemeral 
streams would be thinned, but piling and burning would occur at least 
50 feet away from the channel. No treatment would occur within 100 feet 
of springs in order to protect water sources, soils that are wet and 
sensitive to compaction, and riparian habitat. The project will be 
implemented in accordance with direction in the Dixie National Forest 
Land and Resource Management Plan.
    Possible Alternatives: Three or more alternatives will be 
considered in the analysis.
    No action. Under this alternative, the proposed fuels treatments 
will not be completed. The current forest fuels conditions would not be 
substantially changed and natural processes would continue. This 
alternative will be fully evaluated and described.
    Proposed Action (as described above).
    Additional Alternatives--Additional alternatives may be developed 
in response to issues and resource conditions evaluated through the 
analysis.
    Responsible Official: The responsible official for this EIS and the 
Record of Decision is: Robert A. Russell, Forest Supervisor, Dixie 
National Forest, 1789 Wedgewood, PO Box 627, Cedar City, Utah 84720-
0627; FAX: (435) 865-3791.
    Nature of Decision To Be Made: The Responsible Official will decide 
whether forest fuels treatment would be conducted to reduce risks from 
wildfires to the National Forest and to private lands held within the 
National Forest; and, if so, what extent and types of treatments should 
be done.
    Scoping Process: Public participation was initiated through scoping 
in October, 2001. A scoping notice was sent to 2,796 individuals and 
organizations who are potentially affected parties and those currently 
on the Dixie National Forest mailing list that have expressed interest 
in natural resource projects. Two public meetings were held (October 
27, November 1). Comments and issues were received in response to these 
public contacts.
    Scoping will continue. Public participation is especially important 
during scoping and review of the draft EIS. Individuals, organizations, 
federal, state, and local agencies who are interested in or affected by 
the decision are invited to participate in the scoping process. This 
information will be used in the preparation of the draft EIS.
    Preliminary Issues. The following issues were identified through 
public scoping and internal resource analyses:
    1. The proposed fuels treatments would reduce travel corridors for 
big game (e.g. elk and deer) and birds and small mammals (e.g. turkey, 
grouse, red squirrels and flying squirrels) by substantially 
fragmenting habitat throughout the project area.
    2. The proposed fuels treatments would remove understory trees and 
limbs, which are used by juvenile goshawks within nest areas and 
flammulated owls as roosting habitat.
    3. The proposed fuels treatments would create openings in the 
forest and increase sight distance from the homes within the 
subdivision into the forest. This would change the visuals/aesthetics 
of the area by reducing or eliminating the ``vegetative screening'' 
that many residents value.

[[Page 42679]]

    4. Older stands of aspen would be regenerated and replaced by 
younger stands of aspen, reducing and/or changing the aesthetic value 
of these stands. Older trees with large, white boles would be replaced 
by thickets of seedlings and saplings in the short term. Fall color 
viewing would also be impacted.
    5. The proposed fuels treatments would remove young trees and 
seedlings from the spruce/fir stands, resulting in the eventual loss of 
the timber stand due to lack of regeneration.
    6. The proposed fuels treatments are too costly to implement.
    7. The proposed fuels treatment would reduce or eliminate 
understory vegetation that serves as a barrier to off-road motorized 
vehicles, especially by ATV's (All Terrain Vehicles).
    Comments Requested. Comments will continue to be received and 
considered throughout the analysis process. Comments received in 
response to this notice and through scoping, including names and 
addresses of those who comment, will be considered part of the public 
record of 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. 
Persons requesting such confidentiality should be aware that, under the 
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 environmental impact statement will be 
prepared for comment. The draft EIS is expected to be filed with the 
EPA (Environmental Protection Agency) and to be available for public 
review. At that time the EPA will publish a notice of availability of 
the draft EIS in the Federal Register. The comment period for the draft 
environmental impact statement will be forty-five days from the date 
the EPA's notice of availability appears in the Federal Register. 
Comments on the draft EIS should be as specific as possible and may 
address the adequacy of the statement or the merits of the alternatives 
discussed (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 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 reviewers' position and 
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 
553 (1978). Also, environmental objections that could have been 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, (9th Circuit, 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 the time 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 about 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 
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.
    In the final EIS, the Forest Service is required to respond to 
substantive comments and responses received during the comment period 
that pertain to the environmental consequences discussed in the draft 
EIS and applicable laws, regulations, and policies considered in making 
a decision regarding the proposal. The Responsible Official will 
document the decision and rationale for the decision in a Record of 
Decision. The final EIS is scheduled for completion in January, 2003. 
The decision will be subject to review under Forest Service Appeal 
Regulations.

    Dated: July 8, 2003.
Robert A. Russell,
Forest Supervisor, Dixie National Forest.
[FR Doc. 03-18176 Filed 7-17-03; 8:45 am]
BILLING CODE 3410-11-P