[Federal Register Volume 68, Number 201 (Friday, October 17, 2003)]
[Notices]
[Pages 59773-59775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26292]


 ========================================================================
 Notices
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
 appearing in this section.
 
 ========================================================================
 

  Federal Register / Vol. 68, No. 201 / Friday, October 17, 2003 / 
Notices  

[[Page 59773]]



DEPARTMENT OF AGRICULTURE

Forest Service


Chugach National Forest, Resurrection Creek Stream and Riparian 
Restoration Project

AGENCY: Forest Service, USDA.

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

-----------------------------------------------------------------------

SUMMARY: In accordance with the National Environmental Policy Act, 
notice is hereby given that the Forest Service, Chugach National Forest 
will prepare a Draft Environmental Impact Statement to disclose the 
environmental consequences of the proposed Resurrection Creek Stream 
and Riparian Restoration Project which encompasses approximately 120 
acres of National Forest System Land (NFS) and approximately 18 acres 
of adjacent private lands. Historic placer mining operations have 
affected Resurrection Creek by straightening and simplifying the 
stream, and separating it from its floodplain. These impacts have 
degraded fish rearing and spawning habitat on Resurrection Creek, as 
well as adjacent wildlife riparian habitat for species such as bears 
and eagles. Natural recovery from mining impacts has been minimal on 
this segment of Resurrection Creek. The proposed project would greatly 
accelerate the recovery of riparian areas, and fish and wildlife 
habitat on Resurrection Creek. In order to move towards the desired 
future condition as described in the Chugach National Forest Land and 
Resource Management Plan as well as meet the purpose and need of the 
project proposal to restore Resurrection Creek's channel, floodplain 
and streamside vegetation to pre-mining conditions and enhance fish and 
riparian wildlife habitat, proposed activities include: (1) Providing 
access for heavy equipment, which might include a temporary bridge or 
stream crossing over Resurrection Creek and Palmer Creek; (2) 
mechanical manipulation and grading of up to 140,000 cubic yards of 
mine tailings to recover floodplain width and elevations; (3) 
excavation of a meandering river channel and adjacent side channels, 
including the development of a channel instream pools and spawning 
habitat; (4) harvesting up to 5,000 trees, with and without root wads, 
for use on the new river channel and floodplain. Trees would be taken 
primarily from the project area. If constraints to harvest at the 
project area are too high, additional off-site harvest in areas that 
have gone through a separate NEPA analysis might be needed; (5) 
replacing soils and organics stripped away during historic placer 
mining operations Soil enhancement would improve growing conditions for 
native plant communities in constructed floodplains and riparin areas. 
Soil and sod would likely be gathered from source areas both within and 
outside the project area; (6) thinning existing overstocked riparian 
sapling spruce and cottonwood stands adjacent to Resurrection Creek; 
(7) re-vegetation of native plant species on constructed floodplains 
and riparian areas. Natural re-vegetation (without planting) would be 
used where seed sources and site conditions are favorable. Where such 
conditions are lacking, the site would be planted; and (8) stockpiling 
excess tailings could occur within the project area or off-site.

DATES: Comments concerning the scope of the analysis must be received 
within 30 days of publication of this notice in the Federal Register. 
The draft environmental impact statement is expected to be available 
for public review in January 2004 and the final environmental impact 
statement is expected to be available in May 2004.

ADDRESSES: Submit written, oral, or email comments by: (1) Mail--
Resurrection Creek Restoration Project, Dave Blanchet, 3301 C Street, 
Suite 300, Anchorage, Alaska, Zip Code 99503-3998. (2) phone--(907) 
743-9538; (3) [email protected].

FOR FURTHER INFORMATION CONTACT: Dave Blanchet at (907) 743-9538.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    The purpose and need for action of the Resurrection Creek Stream 
and Riparian Restoration Project is to accelerate the recovery of 
riparian areas, and fish and wildlife habitat on a 0.8 mile segment of 
Resurrection Creek. Natural recovery from mining impacts has been 
minimal on this segment of Resurrection Creek. Historic placer mining 
operations have affected Resurrection Creek by straightening and 
simplifying the stream, and separating it from its floodplain. These 
impacts have degraded fish rearing and spawning habitat on Resurrection 
Creek, as well as adjacent wildlife riparian habitat for species such 
as bears and eagles. Natural recovery from mining impacts has been 
minimal on this segment of Resurrection Creek. The proposed project 
would greatly accelerate the recovery of riparian areas, and fish and 
wildlife habitat on Resurrection Creek. There is a need to examine a 
portion of the creek immediately downstream of the project area on 
private land within the Haun Trust lands. Additional restoration 
activities may be implemented on the Haun Trust lands in lieu of 
gaining access to the project area through this site.

Proposed Action

    The proposed actions to meet the purpose and need include: (1) 
Providing access for heavy equipment, which might include a temporary 
bridge or stream crossing over Resurrection Creek and Palmer Creek; (2) 
mechanical manipulation and grading of up to 140,000 cubic yards of 
mine tailings to recover floodplain width and elevations; (3) 
excavation of a meandering river channel and adjacent side channels, 
including the development of a channel with instream pools and spawning 
habitat; (4) harvesting up to 5,000 trees, with and without root wads, 
for use on the new river channel and floodplain. Trees would be taken 
primarily from the project area. If constraints to harvest at the 
project area are high, additional off-site harvest in areas that have 
gone through a separate NEPA analysis might be needed; (5) replacing 
soils and organics stripped away during historic placer mining 
operations. Soil enhancement would improve growing conditions for 
native plant communities in constructed floodplains and riparian areas. 
Soil and sod would likely be gathered from source areas both within and 
outside the project area; (6) thinning existing overstocked riparian 
sapling spruce and cottonwood stands

[[Page 59774]]

adjacent to Resurrection Creek; and (7) re-vegetation of native plant 
species on constructed floodplains and riparian areas. Natural re-
vegetation (without planting) would be used where seed sources and site 
conditions are favorable. Where such conditions are lacking, the site 
would be planted.

Responsible Official

    The responsible official for the Resurrection Creek Stream and 
Riparian Restoration Project is Joe Meade, Forest Supervisor, Chugach 
National Forest.

Nature of Decision To Be Made

    The Resurrection Creek Restoration environmental impact statement 
will evaluate site specific management proposals, consider 
alternatives, and analyze the effects of the activities proposed in 
these alternatives. It will form the basis for the Responsible Official 
to determine: (1) Whether or not the proposed activities and 
alternatives are responsive to the issues, are consistent with Forest 
Plan direction, meet the purpose and need, and are consistent with 
other related laws and regulations directing National Forest Management 
Activities; (2) which actions, if any, to approve; (3) and, whether or 
not the information in the analysis is sufficient to implement proposed 
activities.

Scoping Process

    Two previous scoping efforts have occurred for this project. The 
first effort began on February 5, 2003, and the second on June 6, 2003. 
Since these scoping comment opportunities were provided to the public, 
the Forest Service has gathered more information regarding this 
proposal. Subsequently the Forest Service has determined that the 
appropriate level of analysis for this proposal is an environmental 
impact statement.
    Comments will be accepted during the 30-day scoping period as 
described in this notice of intent. Those who provided comments to the 
previous scoping notices that wish to supplement their earlier comments 
are encouraged to do so. However, previous comments on this proposal 
will still be used in the analysis process. Comments will be reviewed 
and issues identified. Issues that cannot be resolved by mitigation or 
minor changes to the proposed action may generate alternatives to the 
proposed action. 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. Contact Dave Blanchet, at the address listed in this notice of 
intent if you would like to receive a copy.


Preliminary Issues

    Some preliminary issues have been identified based on past public 
scoping efforts for the project area, issues developed for similar 
projects, and Forest Service concerns and opportunities identified by 
resource specialist. These issues include the following:
    1. Direct short term impacts to fish and their habitat from 
construction activities. Possible impacts to fish and their habitat are 
temporary loss of habitat, turbidity during construction activities 
could cause gill abrasion. Some fish will be stranded and buried.
    2. Methyl mercury may be present in the project reach. Mercury was 
used historically to separate fine gold from the ``black sands'' after 
the sands had been sorted from the stream gravels. Potential may exist 
for a release of methyl mercury during restoration which might be a 
hazard to fish, wildlife, and the public.
    3. Presence of heavy equipment could impact landowners and their 
business during construction of the channel and floodplain. Restoration 
activities could impact nearby landowners and their business (resort) 
during construction through the presence of noise, odor, dust, and 
visual quality.
    4. Lack of an easement through private lands on the east side of 
Resurrection Creek to the project area. Access to the project area 
requires crossing \1/4\ mile of a private land (Haun Trust Lands) 
immediately downstream from the project area. The Forest Service needs 
access to the east side of Resurrection Creek to implement the project. 
A temporary bridge or other type of crossing may be needed over 
Resurrection Creek, on its west wide in order to access an existing 
easement through the private lands.
    5. Examine the potential of additional restoration/construction 
activities on private lands immediately downstream from the project 
area.
    6. Recreational mining--Recreational mining has potential to 
damage/erode the channel after reconstruction is complete. There is a 
need to consider limitations on recreational mining activities that 
have potential to impact the newly created and vegetated stream banks. 
A potential limitation to this activity would be to issuing a closure 
order on recreation mining in the restoration area.
    7. Heritage Resources--Construction activities have the potential 
for disturbing and/or damaging undiscovered mining artifacts and 
prehistoric cultural artifacts and sites within the project area.
    8. Other issues include impacts to recreationists during 
construction, impacts to scenery during and after construction, impacts 
to water quality, impacts to fish and wildlife habitat, introduction of 
noxious weed, impacts to wetlands, and how to dispose of excess 
tailings.
    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.

Comments Requested

    This notice of intent initiates the scoping process that guides the 
development of the environmental impact statement. 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.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    A draft environmental impact statement will be prepared for 
comment. The comment period on the draft environmental impact statement 
will be 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

[[Page 59775]]

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.
    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)

    Dated: October 9, 2003.
Joe L. Meade,
Forest Supervisor.
[FR Doc. 03-26292 Filed 10-16-03; 8:45 am]
BILLING CODE 3410-11-M