[Federal Register Volume 69, Number 181 (Monday, September 20, 2004)]
[Notices]
[Pages 56186-56187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21046]


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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. 181 / Monday, September 20, 2004 / 
Notices  

[[Page 56186]]



DEPARTMENT OF AGRICULTURE

Forest Service


Intent To Prepare an Environmental Impact Statement; Fernow 
Experimental Forest, Tucker County, WV

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an Environmental Impact Statement.

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SUMMARY: The USDA Forest Service will prepare an Environmental Impact 
Statement (EIS) to document the analysis and disclose environmental 
impacts of proposed actions to continue long-term research on the 
Fernow Experimental Forest, to initiate new research, and to manage the 
Fernow Experimental Forest for long-term research. The purpose of the 
proposed research is to evaluate the effectiveness of silvicultural 
tools that include harvesting, herbicide control of vegetation, and 
prescribed burning on central Appalachian forest, to better understand 
ecological dynamics within these forest ecosystems, and to develop 
management tools, practices and guidelines for central Appalachian 
hardwood forests.
    The 4700-acre Fernow Experimental Forest is situated within the 
boundary of the Monongahela National Forest in Tucker County, West 
Virginia and is managed by the Northeastern Research Station of the 
USDA Forest Service. These proposed research activities are in 
compliance with the Monongahela National Forest Management Plan, which 
provides overall guidance for management of the area, including 
direction for management of the Fernow Experimental Forest.
    Public Involvement: The public is invited to comment on the 
Proposed Action during the analysis process. In order to best use your 
comments, please submit them in writing within 45 days of this 
announcement. Additional information at is available on the Web at 
http://www.fs.fed.us/ne/parsons/Environmental_Impact_Statement. 
Comments may also be submitted electronically. Contact addresses are 
provided below.

DATES: Initial comments concerning the proposed action should be 
received in writing, no later than 45 days from the publication of this 
notice of intent, in order to be of most use during the analyses. The 
draft environmental impact statement is expected in January 2005, and 
the final environmental impact statement is expected June 2005.

ADDRESSES: Please send comments to USDA Forest Service, Timber and 
Watershed Laboratory, Attn: Fernow EIS, P.O. Box 404, Parsons, WV 
26287.

FOR FURTHER INFORMATION CONTACT: Mary Beth Adams, Project leader, USDA 
Forest Service, Northeastern Research Station, P.O. Box 404, Parsons, 
WV 26287; (304) 478-2000; [email protected].

SUPPLEMENTARY INFORMATION:

Purpose of and Need for Action

    Proper management of central Appalachian hardwood forests is 
important for maintaining the productivity and diversity of these 
woodlands, and to sustain their value for the many owners and users of 
forest land throughout the central Appalachians. To do this, management 
guidelines based on sound scientific research are needed. Often, it is 
necessary that this research be long-term in scope and duration to 
adequately describe long-lived forests. Accordingly, to meet these 
information needs, the purpose of the proposed actions is to: (1) 
Conduct research on effects of various silvicultural practices on 
forest productivity, species composition and diversity, wildlife 
populations and ecosystem processes, and (2) manage the Fernow 
Experimental Forest for long-term ecosystem research.

Proposed Action

    The proposed action involves using the following silvicultural 
treatments in existing research studies: diameter-limiting cutting 
treatment on 32.7 acres, single-tree selection on 169.9 acres, 
financial maturity harvesting method on 189.7 acres, 20.8 acres of 
small clearcuts, and a shelterwood/prescribed fire treatment of 74 
acres. Other treatments include fertilization of a 84.7-acre watershed 
with ammonium sulfate fertilizer, herbicide treatment of selected trees 
and prescribed burning on 392 acres, mechanical and chemical treatments 
of invasive exotic plants to prevent their spread, and maintenance of 
roads, decks, and other infrastructure.
    Responsible Official: Mary Beth Adams, Project Leader, USDA Forest 
Service, Northeastern Research Station, P.O. Box 404, Parsons, WV 
26287.

Nature of Decision To Be Made

    The decision to be made is whether or not to conduct research and 
management activities, including harvesting, prescribed fire 
fertilization, and use of herbicides, on approximately 900 acres of the 
Fernow Experimental Forest.

Scoping Process

    The Forest Service is soliciting comments form Federal, State and 
local agencies, and other individuals or organizations that may be 
interested in or affected by the proposed research activities, by 
contacting persons and organizations on the Fernow's mailing list and 
publishing a notice in the local newspaper. No scoping meetings are 
planned at this time. The present solicitation is for comments on this 
Notice of Intent and scoping material available elsewhere.

Preliminary Issues

    Preliminary or potential issues have been identified from previous 
public comments:
    (1) Timber harvesting and prescribed burning may decrease land 
productivity through increased erosion, and thereby increasing sediment 
inputs to streams.
    (2) Habitat of federally endangered wildlife species may be 
affected by logging and prescribed burning.
    (3) Addition of ammonium sulfate fertilizer to a watershed may 
increase acidity downstream of the treatment reach, and adversely 
affect trout populations.

Comments Requested

    This notice of intent initiates the scoping process that guides the 
development of the environmental impact statement. Comments in response 
to this solicitation for information should focus on: (1) The proposed 
research manipulations and management actions (2) possible alternatives 
for addressing issues

[[Page 56187]]

associated with the proposal and (3) any possible impacts associated 
with proposal based on an individual's civil rights (race, color, 
national origin, age, relation, gender, disability, political beliefs, 
sexual orientation, martial or family status). We are especially 
interested in information that might identify a specific undesired 
result of implementing the proposed actions. Comments received in 
response to this solicitation, including names and address of those who 
comment, will be considered part of the public record on 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 
decisions under 36 CFR parts 215 or 217. Additionally, pursuant to 7 
CFR 1.27(d), any persons may request the agency to withhold a 
submission from the public record by showing how the FOIA (Freedom of 
Information Act) permits such confidentiality. Persons requesting such 
confidentiality should be aware that under 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, should the 
request be denied, return the submission and notify the requester that 
the comments may be resubmitted with or without name and address within 
90 days.

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 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.

    Dated: September 14, 2004.
Mary Beth Adams,
Project Leader, NE-4353.
[FR Doc. 04-21046 Filed 9-17-04; 8:45 am]
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