[Federal Register Volume 70, Number 4 (Thursday, January 6, 2005)]
[Notices]
[Page 1221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-273]


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DEPARTMENT OF AGRICULTURE

Forest Service


Lower Granite Area Mining Projects; Umatilla National Forest, 
Grant County, OR

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare a supplemental environmental impact 
statement.

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SUMMARY: The Forest Service published a document in the Federal 
Register on March 9, 2000, providing notice that the Umatilla National 
Forest was intending to prepare an Environmental Impact Statement (EIS) 
on a proposed action to approve Proposed Plans of Operation on mining 
claims located in the Granite Area, within the Granite Creek Watershed, 
a tributary of the North Fork John Day River. The project area is 
located on the North Fork John Day Ranger District, approximately 35 
air miles southeast of Ukiah, Oregon. The notice of availability for 
the Draft EIS for this project was published in the Federal Register on 
July 26, 2002. The decision has been made to issue a supplemental EIS 
for this project. The supplemental draft EIS will include on additional 
Plan of Operation and will update the analysis; including the 
cumulative effects analysis.

DATES: The formal scoping period opened with publication of the 
original Notice of Intent to produce an EIS first appeared in the 
Federal Register on March 9, 2000. Notification of the Draft EIS was 
printed in the Federal Register on July 26, 2002. The comment period 
was extended to October 21, 2002 in an amended notice published in the 
Federal Register September 20, 2002. Comments regarding the draft EIS 
should have been received by October 21, 2002. The Forest Service 
expects to file the supplemental draft impact statement with the 
Environmental Protection Agency and make it available for public 
comment by February 2005 and the final environmental impact statement 
is expected May 2005.

ADDRESSES: Send written comments and suggestions to: District Ranger, 
North Fork John Day Ranger District, P.O. Box 158, Ukiah, OR 97880.

FOR FURTHER INFORMATION CONTACT: Ralph Hartman, Project Team Leader, 
North Fork John Day Ranger District. Phone: (541) 427-5336.

SUPPLEMENTARY INFORMATION: The formal scoping period opened with 
publication of the Notice of Intent to produce an EIS, which first 
appeared in the Federal Register on March 9, 2000 (Vol. 65, No. 47, 
pages 12503-12505). Notification of the draft EIS was printed in the 
Federal Register on July 26, 2002 (Vol. 67, No. 144, page 48895). The 
comment period was extended to October 21, 2002 in an Amended Notice 
published in the Federal Register on September 20, 2002 (Vol. 67, No. 
183, page 59285). Since publication of the draft EIS several changes 
have occurred. First, one additional new mining proposal has been 
received within the analysis area and will be added to the proposed 
action. The name of the EIS has been changed from Granite Area Mining 
Projects to Lower Granite Area Mining Projects; and in response to 
comments received during the draft EIS comment period, a more detailed 
cumulative effects analysis will be completed. In response to the 
proposed changes, the decision has been made to issue a supplemental 
draft EIS. The scope of the project has not changed; therefore, this 
revised Notice of Intent does not initiate a second scoping period for 
the proposal. The supplemental draft EIS is expected to be released in 
February 2005 and the final EIS is expected to be released in May 2005.
    Responsible Official: The responsible official for this EIS is 
Craig Smith Dixon, District Ranger, North Fork John Day Ranger 
District, Umatilla National Forest.
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review: A supplemental draft EIS will be prepared for 
comment. The comment period on the supplemental draft EIS will be 45 
days from the date the Environmental Protection Agency published 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 EIS 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. NRDS, 435 U.S. 519, 553 (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 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 EIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft EIS 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 EIS 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.
    Comments received, including the names and addresses of those who 
comment, will be considered part of the public record on this proposal 
and will be available for public inspection.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21)

    Dated: December 22, 2004.
Jeff D. Blackwood,
Forest Supervisor.
[FR Doc. 05-273 Filed 1-5-05; 8:45 am]
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