[Federal Register Volume 69, Number 41 (Tuesday, March 2, 2004)]
[Notices]
[Pages 9795-9798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4586]


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

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.

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

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. The 
original Notice of Intent for this project was published in the Federal 
Register May 23, 2002 (page 44587). A revised Notice of Intent was 
published July 18, 2003 (page 42677). This second revised Notice of 
Intent is published to change the dates of the EIS and modify the 
Purpose and Need statement of the EIS to include crown fuels reduction. 
The agency confirms the continuing environmental analysis and decision-
making process.

DATES: Comments concerning the analysis must be received within thirty 
days after publication of this revised Notice Of Intent in the Federal 
Register. The draft environmental impact statement is expected in June, 
2004. The final environmental impact statement is expected in October, 
2004.

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, Cedar City, Utah 84720.

SUPPLEMENTARY INFORMATION: The proposed treatments will implement 
direction in the National Fire Plan and Healthy Forest Initiative and 
Healthy Forests Restoration Act, efforts to reduce impacts of wildfires 
on people and resources. 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, 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.

Purpose and Need for Action

    The purpose of this project is to modify existing, high fuel loads 
that influence fire behavior on National

[[Page 9796]]

Forest lands adjacent to private lands in the Duck Creek area. Fuel 
loads and the potential for high intensity surface and crown fires, 
sustained fire spread, and resultant threat to firefighter and public 
safety as well as cost of suppression are reduced by manipulating 
vegetation. Eliminating the high surface fuel loads, ladder fuels, and 
reducing crown fuels would help reduce the risk of property damage and 
allow sufficient time for firefighters to directly attack and control a 
fire before housing and other developments are threatened or destroyed. 
The difference between the existing condition and desired condition 
describes the need for action and is defined by ``elements'' that 
describe how the need for action is measured.
    Element 1--Ground Fuels Reduction. Currently, the increasing 
buildup and continuity of fuels on National Forest lands pose a serious 
risk to the adjacent subdivisions on private lands within the Duck 
Creek area. As these fuel loads have increased, the residential 
population of the private subdivisions has also increased. Increased 
recreation use is also occurring, increasing the risk that a human-
caused fire may occur. The risk of high intensity wildfire is a threat 
to the large subdivisions of private homes, businesses and other 
private land developments, as well as a threat to the people who live 
and recreate in the area. A high intensity fire would cause significant 
damage to these properties, as well as to the natural resources in the 
area. Current fuel loads adjacent to private lands range from 20 to 50 
tons per acre; most forests exhibit conditions of a Fuel Model 10.
    The desired condition of the area surrounding the subdivisions, the 
DFS, or Defensible Fire Space (a zone around the subdivisions up to 
2,000 feet wide), is to have fuel loads reduced to 5-10 tons per acre, 
which would convert the forest to a Fuel Model 8, a level that would 
not sustain a high intensity fire event and a width which would allow 
fire embers from areas outside the DFS to land without causing a 
significant spot fire hazard.
    Outside of the DFS, the current fuel loads range from 20 to 50 tons 
per acre. Reducing the fuel loads in the general forest area would slow 
the spread of fire and would reduce the potential for a fire to spread 
into the crowns of the trees. The desired condition of the general 
forest area, which is the area outside of the DFS, is to have fuel 
loads reduced to 10-15 tons per acre, a level that would lessen the 
potential for and slow the spread of a high intensity fire event. The 
element of Ground Fuels Reduction will be measured by total fuel loads 
(tons/acre) in the DFS and General Forest Area.
    Element 2--Ladder Fuels Reduction. Currently, 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 trees that contribute to the 
ladder a fire would climb to reach higher crowns. Lower branches, small 
trees and other ladder fuels currently extend from the ground upward. 
The desired condition within the DFS is to effectively prevent a ground 
fire from climbing. Therefore, small diameter trees should be 
infrequent and with all trees the branches or ladder fuels should be at 
least eight feet above the ground within the DFS.
    The element of ladder fuels will be measured by acres of DFS that 
do not have trees nine inches dbh and less, with remaining trees limbed 
to eight feet high.
    Element 3--Crown Fuels Reduction. Currently, dense, continuous 
crowns (tree canopy), exist in conifer stands south and west of the 
subdivisions within the Duck Creek area. A fire starting in this area 
under normal summer weather conditions could easily reach the crowns 
via high surface fuel loads and ladder fuels that exist throughout the 
area and then be carried through the dense canopy by a combination of 
winds, slope, and atmospheric conditions. This dense crown fuel 
condition provides a ready avenue for a high intensity fire to spread 
rapidly and significantly increases long-range spotting as well. The 
desired conditions are a thinned canopy where typical wind/slope/
atmosphere interaction could not sustain fire spread through the canopy 
along with breaks in the forest canopy that would reduce the continuity 
of aerial fuels adjacent to those areas having denser canopies.
    The element of crown fuels will be measured by crown fire index and 
by acres treated to effectively prevent a fire from spreading through 
the crowns.
    Element 4--Retention of Fire Tolerant Species. Currently, 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, a fire tolerant species, 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. 
Historically, 60 to 70% of the watershed contained stands with an aspen 
component. Restoring and maintaining aspen stands would help slow the 
spread of fires that may occur. The desired condition is to regenerate 
and maintain aspen stands, such that at least 60% of the stands within 
the watershed contain aspen.
    The element of retention of fire tolerant species will be measured 
by the acreage of stands that retain or develop an aspen component.
    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 (DFS) treatments. A defensible fire space 
will be established in National Forest lands from 500'-2000' wide 
immediately surrounding private lands with subdivisions. The DFS area 
is approximately 2,724 acres. Ground fuels will be reduced by disposing 
of limbs, existing ground fuels and slash by piling/burning or 
chipping. Ladder fuels will be reduced by pruning limbs under eight 
feet high on conifer trees. Crown fuels will be reduced by cutting all 
conifer trees under nine inches in diameter.
    2. Mixed conifer treatments. Fuel loads will be reduced and the 
establishment of ponderosa pine will be favored on approximately 7,352 
acres of mixed conifer stands in National Forest lands south and west 
of the private subdivisions. Mixed conifer stands currently have major 
components of ponderosa pine, white fir and Douglas-fir with minor 
components of subalpine fir, Engelmann spruce and Colorado blue spruce. 
Ground fuels will be reduced by piling/burning or chipping limbs, other 
ground fuels and slash. Ladder and crown fuels will be reduced by 
cutting white fir, Douglas-fir, subalpine fir, Engelmann spruce and 
Colorado blue spruce trees under nine inches in diameter.
    3. Spruce treatments. Fuels treatments will conducted in 
approximately 947 acres of spruce conifer stands in National Forest 
lands south and west of the private subdivisions. Spruce stands have 
major components of Engelmann spruce and subalpine fir with minor 
components of ponderosa pine, Colorado blue spruce, Douglas-fir and 
white fir. Ground fuels will be reduced by disposing of limbs, existing 
ground fuels and slash by piling/burning or chipping. Ladder and crown 
Fuel loads

[[Page 9797]]

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.
    4. Aspen treatments. Stands dominated by aspen will be regenerated 
and maintained 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, Cedar City, Utah 84720; FAX: (435) 
865-3791.
    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; and, if so, what 
extent and types of treatments should be done.
    Scoping Process: Public participation was initiated through scoping 
in October, 2001. 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.
    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,

[[Page 9798]]

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

    Dated: February 23, 2004.
Robert A. Russell,
Forest Supervisor, Dixie National Forest.
[FR Doc. 04-4586 Filed 3-1-04; 8:45 am]
BILLING CODE 3410-11-P