[Federal Register Volume 69, Number 38 (Thursday, February 26, 2004)]
[Notices]
[Pages 8934-8935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4242]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
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  Federal Register / Vol. 69, No. 38 / Thursday, February 26, 2004 / 
Notices  

[[Page 8934]]


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DEPARTMENT OF AGRICULTURE

Forest Service


Rio Grande National Forest, Colorado, County Line Vegetation 
Management Project

AGENCY: Forest Service, USDA

ACTION: Notice of Intent to Prepare an Environmental Impact Statement.

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SUMMARY: The USDA Forest Service gives notice that it is preparing an 
Environmental Impact Statement (EIS) to implement vegetation management 
treatments and travel management in the spruce/fir forests within the 
Conejos Peak Ranger District, Rio Grande National Forest, Colorado. The 
agency gives notice of the environmental analysis and decision 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: Scoping comments must be received within thirty days of 
publication of this Notice Of Intent in the Federal Register. Public 
meetings were previously held and no further meetings are planned. The 
draft environmental impact statement is expected to be available for 
review and comment in April 2004. The final environmental impact 
statement and decision is expected in August 2004.

ADDRESSES: Send written comments to: Rio Grande National Forest, ATTN: 
John Murphy, 1803 W. Hwy 160, Monte Vista, CO 81144. Send e-mail 
comments to: [email protected].

FOR FURTHER INFORMATION CONTACT: John Murphy at (719) 852-5941.

SUPPLEMENTARY INFORMATION: The proposed project is located in a 2,282 
acre analysis area in portions of the Wolf Creek (near Cumbres Pass) 
and Rio de Los Pinos watersheds. The proposed commercial conifer 
treatment areas currently are infested with spruce beetles 
(Dendroctonus rufipennis) or are in stands that are susceptible to 
spruce beetle infestations.
    The project proposes to improve the health and vigor of the forest 
by salvaging approximately 841 acres of dead and/or dying Engelmann 
spruce trees to recover wood products that would otherwise be lost, and 
to remove high risk Engelmann spruce trees from 715 acres to make these 
stands more resilient to spruce beetle infestations. These actions 
would reduce rule loadings to reduce wildfire risk, provide 
opportunities for reforestation and improve residual stand vigor.
    Rehabilitation of areas heavily impacted by bark beetles mortality 
through the completion of natural and artificial regeneration 
activities would occur as needed. An estimated 693 acres would be 
planted with spruce seedlings. Travel management is proposed for this 
project.
    The purpose of this activity is to restore and rehabilitate 
ecological values in areas where excessive numbers of open roads exist 
and to provide access to areas heavily impacted by spruce beetle. This 
proposal would close 2.1 miles of road and convert it to a non-
motorized trail. A reduction in open road density following project 
implementation would reduce adverse environmental impacts associated 
with excessive numbers of roads and would reduce long-term maintenance 
costs.
    The transportation system required to access commercial harvest 
areas is in place throughout most of the analysis area. However, some 
new system and temporary road construction would be required.
    Vegetation management treatments involving commercial harvest, 
artificial regeneration, and travel management would occur on National 
Forest system lands located within portions of sections 2, 3, 11 and 12 
of Township (T) 32 North (N), Range (R) 4 East (E) and sections 22, 23, 
25, 26, 27, 34, 35 and 36 of T33N, R4E, Conejos County, CO.
    The proposed actions would implement management direction, 
contribute to meeting the goals and objectives identified in the 1996 
Revised Land and Resource Management Plan, as amended, for the Rio 
Grande National Forest (Forest Plan), and move the project area toward 
the desired condition. This project EIS would tier to the Forest Plan, 
which provides goals, objectives, standards and guidelines for the 
various activities and land allocations on the Forest.
    The development of this project began during the summer of 2003 
with an environmental assessment (EA). Public scoping was completed in 
September of 2003. The interdisciplinary team reviewed public comment, 
identified issues, developed action alternatives and began the effects 
analysis for this project. Since that time the deciding official 
decided that an Environmental Impact Statement would be a more 
appropriate means of analysis for this project.
    The Forest Service will analyze and document direct, indirect, and 
cumulative environmental effects for a range of alternatives. Each 
alternative will include mitigation measures and monitoring 
requirements.
    Responsible Official: Peter Clark, Forest Supervisor, Rio Grande 
National Forest. 1803 W. Hwy 160, Monte Vista, CO 81144.
    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. 
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.

[[Page 8935]]

    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 45 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 August, 2004. 
The decision will be subject to review under Forest Service Appeal 
Regulations.

    Dated: February 20, 2004.
Peter L. Clark,
Forest Supervisor, Rio Grande National Forest.
[FR Doc. 04-4242 Filed 2-25-04; 8:45 am]
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