[Federal Register Volume 69, Number 57 (Wednesday, March 24, 2004)]
[Notices]
[Pages 13807-13808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6493]


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DEPARTMENT OF AGRICULTURE

Forest Service


East Fredericktown Project, Mark Twain National Forest, 
Bollinger, Madison St. Francis, Ste. Genevieve Counties, MO

AGENCY: Forest Service, USDA.

ACTION: Revised Notice of Intent to prepare an Environmental Impact 
Statement.

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SUMMARY: The Forest Service will prepare an environmental impact 
statement (EIS) to analyze and disclose the environmental effects of 
proposed land management activities and corresponding alternatives 
within the East Fredericktown project area. The East Fredericktown 
project area is located on National Forest System lands administered by 
the Potosi/Fredericktown Ranger District east of Fredericktown, 
Missouri. The legal description of the project area is: Township 32 
North, Range 7 East, Sections 11-13; Township 32 North, Range 8 East, 
Sections 3, 6-11, 15, 18, 19, 21-23, 25, 26, 34-36; Township 33 North, 
Range 8 East, Sections 29, 30, 35; Township 34 North, Range 7 East, 
Sections 12, 36; Township 34 North Range 8 East, Sections 2-4, 9, 17, 
19-21, 28-33; Township 35 North, Range 8 East, Sections 9, 11-14, 16, 
19-30, 34-36; Township 35 North, Range 7 East, Section 24, Fifth 
Principal Meridian.
    An EIS is being prepared for this project although years of 
experience have shown that the effects of implementing similar 
activities in the area are not significant. We do not feel that an EIS 
is required, however, due to

[[Page 13808]]

the increase in appeals and litigation and for wise fiscal efficiency, 
an EIS will be prepared for the East Fredericktown Project.
    The purpose of this project is to implement land management 
activities that are consistent with the direction in the Mark Twain 
Land and Resource Management Plan (Forest Plan) and to respond to 
specific needs identified in the project area. The project-specific 
needs include: emphasizing the management of shortleaf pine in its 
natural range on sites where it is recognized as a dominant or 
characteristic member of the natural community and examining 
opportunities to minimize adverse impacts from insects and disease on 
forest vegetation. Other needs include wildlife habitat maintenance and 
improvement, recreation management, examining road system needs, 
cleanup of illegal dumps, and associated or connected actions.

DATES: An original Notice of Intent was published in the Federal 
Register on April 29, 2003. Comments concerning the proposed land 
management activities should have been received within 30 days 
following original publication date. The Forest Service expects to file 
a Draft EIS with the Environmental Protection Agency and make it 
available for public comment by December 2004.

ADDRESSES: Send written comments to: District Ranger, Potosi/
Fredericktown Ranger, District, P.O. Box 188, Potosi, Missouri 63664. 
E-mail should be sent to: [email protected].

FOR FURTHER INFORMATION CONTACT: Tom McGuire, Project Leader/Integrated 
Resource Analyst, Potosi/Fredericktown Ranger District, P.O. Box 188, 
Posoti, Missouri 63664, phone (573) 438-5427.

SUPPLEMENTARY INFORMATION: This is a revised Notice of Intent for the 
prior notice promulgated in the Federal Register, Vol. 68, No. 82, pp. 
22672-22673, on April 29, 2003. The scope of the project has not 
changed; therefore, this revised Notice of Intent does not initiate a 
second scoping period for this proposal. The Notice of Intent is being 
revised because the Draft EIS has been delayed more than six months. 
The original release date was expected to be September 2003; the new 
expected release date is December 2004, and the Final EIS is expected 
to be released in March 2005.

Estimated Dates for Filing

    The draft EIS is expected to be filed with the Environmental 
Protection Agency and available for public review in December 2004. A 
45-day comment period will follow publication of a Notice of 
Availability of the draft EIS in the Federal Register. Comments 
received on the draft EIS will be analyzed and considered in 
preparation of a final EIS, expected in March 2005. A Record of 
Decision (ROD) will also be issued at that time along with the 
publication of a Notice of Availability of the final EIS and ROD in the 
Federal Register.

Reviewers Obligation To Comment

    The Forest Service believes it is important at this early stage to 
give reviewers notice of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
the draft EIS must structure their participation in the environmental 
review of the proposal in such a way 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, 513 (1978). Also, 
environmental objections that could be raised at the draft EIS stage 
but that are not raised until after completion of the final EIS 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 of the draft EIS 
in order that substantive comments and objections are available to the 
Forest Service at a time when it can meaningfully consider them and 
respond to them in the final EIS. To assist the Forest Service in 
identifying and considering issues and concerns on the proposed action, 
comments should be as specific as possible. 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.

Responsible Official

    The responsible official for this environmental impact statement is 
Ronnie Raum, Forest Supervisor, Mark Twain National Forest.

    Dated: March 15, 2004.
Katherine W. Stuart,
District Ranger, Potosi/Fredericktown Ranger District.
[FR Doc. 04-6493 Filed 3-23-04; 8:45 am]
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