[Federal Register Volume 69, Number 88 (Thursday, May 6, 2004)]
[Notices]
[Pages 25365-25367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10272]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Off-Highway Vehicle (OHV) Study, Mark Twain National Forest, 
Madison, WA, and Wayne Counties, MO

AGENCY: Forest Service, USDA.

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

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

[[Page 25366]]

SUMMARY: The Forest Service will prepare an environmental impact 
statement (EIS) to analyze and disclose the environmental effects of 
proposed activities within the three OHV Study project areas. The three 
OHV Study project areas are located on National Forest System lands 
administered by the Potosi/Fredericktown and Poplar Bluff Ranger 
Districts is southeast Missouri. The legal descriptions of the three 
study areas are as follows:
    Palmer Study Area--This study area would be located on the Potosi 
Unit of the Potosi/Fredericktown Ranger District in Washington County, 
approximately 12 miles southwest of Potosi, Missouri. The legal 
description is T36N, R1W, Sections 1, 2, 10-15, 22-26, 35, and 36; 
T36N, R1E, Sections 2-4, 6-11, 14-23, 27, and 30; T37N, R1E, Sections 
31-35. This trail system would be managed for a variety of motorized 
vehicles, including jeeps and dune buggies. There would also be 3 small 
designated areas for off-road and off-trail riding, totaling 
approximately 31 acres in the Palmer Study Area. Trailheads and parking 
ares would also be constructed at some locations.
    Cherokee Pass Study Area--This study area would be located on the 
Fredericktown Unit of the Potosi/Fredericktown Ranger District in 
Madison County, approximately seven miles south of Fredericktown, 
Missouri. The legal description is T32N, R6E, Sections, 1, 11-14, 22-
26, 35, and 36; T32N, R7E, Sections 3-11, 15-23, 26-34. This trail 
system would be managed for ATV and equestrian use. Other motorized 
vehicles such as motorcycles, jeeps, and dune buggies, would not be 
allowed. Trailheads and parking areas would also be constructed at some 
locations.
    Blackwell Ridge Study Area--This study area would be located on the 
Poplar Bluff Ranger District in Wayne County, approximately 1\1/2\ mile 
north of Williamsville, Missouri. The legal description is T27N, R4E, 
Sections 1-4, and 12; T27N, R5E, Sections 5, 6, and 8; T28N, R4E 
Sections 32-34. This trail system would be managed for ATV and 
motorcycles. Other motorized four-wheel drive vehicles, jeeps, and dune 
buggies, would not be allowed.
    Trailheads and parking areas would also be constructed at some 
locations. Approximately 137 miles of trail is being proposed as part 
of this project. Of this 137 miles, 66 miles are county or Forest 
Service roads, with an additional 62 miles that exists as unimproved 
roads on National Forest land. Only about 9 miles of new trail 
construction is proposed. There are no new stream crossings proposed. 
Stream crossings used as part of the trail proposal would be on county 
or Forest Service roads or on historic road locations.
    The primary purpose of this project is to study OHV use and users 
to guide future management options on OHV trail opportunities and use. 
This study will also evaluate equipment impacts to natural resources. 
Social impacts, such as customer satisfaction, demographics of trail 
users, and compatibility between trail users, would also be studied. 
The Mark Twain National Forest needs to determine if designating more 
motorized trails can be done in a manner that not only provides for 
this recreational use, but also addresses environmental concerns. It is 
hoped that by providing additional designated OHV trails, OHV users 
would avoid undesignated roads and trails and, thereby, the overall 
environmental damage from unauthorized use can be reduced. Observations 
by OHV managers locally and from other states indicate that when OHV 
riders have designated areas to ride, they are more likely to stay on 
designated routes.
    Therefore, the OHV customer, the resource manager, and the 
environment should all benefit from this study. Resource managers would 
be able to direct OHV customers to a designated trail system where 
impacts are confined, minimized, evaluated, monitored, and mitigated. 
With this study, OHV customers would know they are in an area where 
they can legally ride in a setting they enjoy. The Forest Service can 
promote responsible OHV use, better communication with this forest user 
group, promote local partnerships for conservation education and OHV 
trail maintenance, and evaluate resource and social impacts.
    The focus of this study is to evaluate OHV use in three separate 
study locations and publish an evaluation of what is learned. The 
results of this study would by used to guide future management 
decisions on OHV trail management here and elsewhere in the National 
Forest System. At the end of the study period, unless the study is 
modified or terminated early, a separate decision, following the 
National Environmental Policy Act process, would be made as to whether 
or not to designate all, part, or none of the three areas as permanent 
OHV trails. The data collected from this study and other ongoing 
national studies would be used to corroborate and assist in making that 
decision.

DATES: Comments concerning this proposed action should be received 
within 30 days following publication of this NOI to receive timely 
consideration in the preparation of the draft EIS. Comments received 
during the previous scoping period will be considered for development 
of the draft EIS.

ADDRESSES: Please send your comments or requests for additional 
information to the Potosi/Fredericktown Ranger District, P.O. Box 188, 
Potosi, MO 63664, telephone (573) 438-5427, or the Poplar Bluff Ranger 
District, P.O. Box 988, 1420 Maud Street, Poplar Bluff, MO 63901, (573) 
785-1475. Electronic comments must be sent via the Internet to: 
[email protected] within 30 days of the 
publication of this of this NOI. In order for electronic comments to be 
considered, they must be sent to the aforementioned email address. To 
access project information electronically, go to: http://www.fs.fed./
us/r9/marktwain/projects/project.htm. Comments received in response to 
this solicitation, including names and addresses of those who comment, 
will be considered part of the public record on this proposed action 
and will be available for public inspection upon request.

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

SUPPLEMENTARY INFORMATION: 

Proposed Action

    The proposed action is to conduct a three-year study to evaluate 
three motorized trail systems. This study would help the Forest Service 
determine the environmental and social impacts of OHV trails on the 
National Forest. Of the 137 miles of roads and trails included in the 
study area, only nine miles of new trail will be constructed, the 
remainder is existing roads and trails. Existing conditions would be 
evaluated prior to opening the trail systems, and resource conditions 
would be monitored throughout the duration of the study. Management 
would respond to trail conditions and potential resource concerns by 
using different techniques, such as seasonal closures and weather 
related closures, which would be part of the study. Preliminary 
monitoring of the project area would be used as a baseline to determine 
environmental effects occurring during the study period. Prior to 
initiating the study, preliminary levels of acceptable change would be 
established. If changes to the environment occur that are beyond the 
levels of acceptable change, the study would be modified or OHV use 
terminated during the 3-year study

[[Page 25367]]

period. Roads and trails would be designated open by the use of trail 
markers. Most of the designated trail system would consist of current 
system, non-system, and county roads, and trails that have been 
previously used and are in locations suitable for the proposed study 
use. Many of these trails and roads have been used for a number of 
years. A small number of connector trails would be constructed to 
connect existing trail sections. Several existing non-system road 
segments and trails would be closed to motorized use as part of this 
proposal for soil and water protection, protection of heritage resource 
sites, stream crossings, sensitive habitats, and locations in proximity 
to private property. The county roads in Washington County would remain 
under county jurisdiction.
    The proposed trail study would be under the fee demonstration 
authority. The fees collected would be used to increase Forest Service 
presence in the study areas, to provide visitor information at 
trailheads, and to accomplish trail maintenance.
    The 1986 Mark Twain National Forest Land and Resource Management 
Plan (Forest Plan), as amended, provides general guidance and direction 
for the Proposed Action. The OHV Trail Study meets the Forest Plan 
Direction, Recreation Management Goals (Forest Plan IV-1), and the 
Forest-wide Management Direction for Recreation Management of trails 
(Forest Plan IV-29-IV-30).

Decision Space

    Decision making will be limited to activities relating to the 
proposed actions. The primary decision to be made will be whether or 
not to implement the proposed actions listed above, a no-action 
alternative, or another action alternative that responds to the 
project's purpose and needs.

Preliminary Issues

    A review of public comments received thus far has identified a 
number of issues. The issues include, but are not limited to, concerns 
about pollution, soil, water and vegetation impacts, wildlife impacts, 
trespass and noise. Issues also include concerns about illegal off-
trail use and the need to provide a place for legal, environmentally 
sound OHV use.

Public Participation

    The Forest Service previously scoped this proposed action for sixty 
days, with the scoping period ending February 22, 2004, an open house 
was conducted on February 10, 2004 in Rolla, MO and February 17, 2004 
in St. Louis, MO. Comments received during the previous scoping period 
and open house will be considered. This notice constitutes notification 
for public participation pursuant to 36 CFR 295.3.

Estimated Dates for Filing

    The draft EIS is expected to be filed with the Environmental 
Protection Agency and available for public review in September 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 December 2004. 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: April 28, 2004.
Ronnie Raum,
Forest Supervisor, Mark Twain National Forest, 401 Fairgrounds Rd., 
Rolla, Missouri 65401.
[FR Doc. 04-10272 Filed 5-5-04; 8:45 am]
BILLING CODE 3410-11-M