[Federal Register Volume 70, Number 22 (Thursday, February 3, 2005)]
[Notices]
[Pages 5603-5604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2005]


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DEPARTMENT OF AGRICULTURE

Forest Service


Warren County, PA; Notice of Intent

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Forest Service, Allegheny National Forest, Bradford Ranger 
District, will prepare a Draft Environmental Impact Statement to 
disclose the environmental consequences of the proposed West Branch of 
Tionesta Project. The Forest Service is proposing actions that would 
move the West Branch of Tionesta Project Area from the existing 
condition towards the Desired Future Condition (DFC) and would maintain 
the DFC in situations where it has been attained. The DFC is described 
in the Allegheny National Forest Land and Resource Management Plan 
(Forest Plan).
    Proposed activities to meet the Desired Future Condition fall into 
four main categories. (1) Timber harvest and reforestation treatments 
consist of: shelterwood seedcut/removal cut, shelterwood removal cut, 
salvage removal cut, salvage shelterwood seed cut/removal cut, single 
tree selection, group selection, commercial thinning, intermediate 
thinning, pre-commercial thinning, improvement cutting, manual site 
preparation and release, herbicide application, fertilization, fencing, 
controlled burning, scarification, and tree planting. (2) Wildlife 
habitat improvement treatments consist of: noncommercial thinning, oak/
hickory/shrub underplanting, pruning and release of apple trees, 
release of white pine trees, hawthorn release, constructing new 
openings, opening maintenance, planting/fencing shrubs in openings, 
mowing, topdressing, seeding with wildflowers and grass, constructing 
nest/roost boxes. (3) Transportation treatments consist of: road 
decommissioning, road maintenance, road construction, road resurfacing, 
expanding and developing stone pits, and changing road access. (4) 
Watershed treatments consist of: Stream restoration and enhancement, 
obliterate and restore illegal stream crossings, enclose open top 
bridges, apply limestone surfacing within 300 feet of streams, and 
restore the natural flow of the stream.

DATES: Comments and suggestions concerning the scope of the analysis 
should be submitted (postmarked) by March 4, 2005 to ensure timely 
consideration.

ADDRESSES: Submit written, oral, or e-mail comments by: (1) Mail: 
``West Branch of Tionesta Project,'' ID Team Leader, 29 Forest Service 
Drive, Bradford, PA 16701; (2) phone: (814) 362-4613; (3) e-mail: 
[email protected] (please note: when 
commenting by e-mail be sure to list West Branch of Tionesta EIS in the 
subject line and include a U.S. Postal Service address so we may add 
you to our mailing list). For further information contact O'Dell E. 
Tucker, project team leader, Bradford Ranger District, at (814) 362-
4613 or mail/e-mail correspondence to addresses listed above. The 
scoping letter and maps for the West Branch of Tionesta EIS are posted 
on the ANF Web site: http://www.fs.fed.us/r9/forests/allegheny.

SUPPLEMENTARY INFORMATION: The Allegheny National Forest Land and 
Resource Management Plan (Forest Plan) sets site-specific goals for the 
management of forest resources. The West Branch of Tionesta Project 
includes portions of Management Area (MA) 3.0, which emphasizes timber 
harvesting as a means to make desired changes to forest vegetation and 
satisfy the public demand for wood products. The project area also 
includes portions of MA 6.1, which emphasizes providing habitat for 
wildlife, attractive scenery, and opportunities for semi-primitive 
motorized recreation; and portions of MA 8.0, which emphasizes 
protection of unique ecosystems for scientific purposes and dispersed 
recreation. Finally, the project area contains portions of MA 9.1, 
which emphasizes forest area to be managed with minimal investments 
only to protect the environment and the incidental forest users.
    Preliminary Issues were identified based on past projects in the 
area (environmental assessments), issues developed for similar 
projects, and site-specific concerns raised by the resource 
specialists. These issues, listed below, will provide a framework that 
the Forest Service will use to analyze a range of alternatives, 
including No Action for the Project Area.
    (1) Roads--The West Branch of Tionesta project area contains 
heavily roaded areas due to extensive oil and gas developments in the 
northwestern and eastern portions of the project area. Water quality 
and stream flow regimes are the primary concerns of heavy road 
densities. Sedimentation of streams and riparian areas is also a 
concern from roads due to impacts to stream channel morphology and 
aquatic habitat. The West Branch of Tionesta Roads Analysis Project 
(RAP) team will continue evaluating these and other road related 
issues, and will present their findings in a RAP document that will be 
available to the public.
    (2) Special Designation Waters--Wildcat Run and Arnot Run are 
designated ``Exceptional Value Watersheds'' by the Pennsylvania 
Department of Environmental Protection. Slater Run, while not a State 
special designated water, flows directly into the Allegheny River where 
threatened, endangered, and sensitive species are located. The special 
status of waterways in these watersheds will increase sensitivity 
towards land disturbing activities such as vegetation and road 
management.
    (3) Biological Diversity and Wildlife Habitat--The area is 
dominated by fifty-one to one hundred and ten year age-classes. There 
is a shortage of habitat provided by younger age classes and old 
growth. Existing younger age classes will develop into older age 
classes in the next decades as they mature. Certain wildlife species 
require different ages of vegetation. Other wildlife species need a 
variety of forest types positioned near each other or perhaps near 
water. Management practices should reflect a balance of activities that 
assure biological diversity is maintained or enhanced. Concepts of 
biological diversity suggest that land management should encourage a 
variety of habitats.
    (4) Proposed Special Emphasis Areas--There are proposed management 
activities within the project area identified by Allegheny Defense 
Project for special management. Proposed vegetation management 
activities in these areas follow current forest plan direction.
    Project Area and Roads Analysis Project Public Meeting: The public 
meeting for the project area and the RAP for WBTPA has been scheduled 
for Saturday, February 19, 2005 at 10 a.m. to 2 p.m. We will meet at 
the Bradford

[[Page 5604]]

Ranger District Office at the junction of State Route 321 and State 
Route 59 South, Marshburg, PA. (R.S.V.P by calling 814-362-4613). There 
will also be an opportunity for the public to ask questions and make 
suggestions to the ID Team.
    Comment Requested: This notice of intent initiates the scoping 
process, which guides the development of the environmental impact 
statement. Your comments will help the Forest Service refine and 
enhance the list of issues that are considered when analyzing 
alternatives to the proposed action. When this analysis is nearly 
complete, the Draft EIS will be filed with the Environmental Protection 
Agency and become available for public review (expected by November 
2005). At that time the Environmental Protection Agency will publish a 
Notice of Availability of the document in the Federal Register (this 
will begin the 45-day comment period on the Draft EIS). After the 
comment period ends on the Draft EIS, the comments will be analyzed and 
considered by the Forest Service in preparing the final environmental 
impact statement. The Final EIS and Record of Decision are scheduled 
for release in May 2006.
    Comments received, including names and addresses of those who 
comment, will be considered part of the public record and may be 
subject to public disclosure. 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.
    The Forest Service believes it is important to give reviewers 
notice at this early stage 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 
stage may be waived or dismissed by the courts City of Angoon v. Hodel, 
803 F.2nd 1016, 1022 [9th Cir. 1986] and MDSU Wisconsin Heritages, Inc. 
v. Harris, 490 F. Supp. 1334, 1338 [E.D. Wis. 1980]).
    Because of the above 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 are made available to 
the Forest Service at a time when they can be meaningfully considered 
and responded to in the final environmental impact statement. Comments 
on the draft environmental impact statement should be as specific as 
possible. It is also helpful if comments refer to specific pages, 
sections, 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 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.
    This decision will be subject to appeal under 36 CFR 215. The 
responsible official is John R. Schultz, Bradford Ranger District, 29 
Forest Service Drive, Bradford, PA 16701.

    Dated: January 27, 2005.
Kevin B. Elliott,
Forest Supervisor.
[FR Doc. 05-2005 Filed 2-2-05; 8:45 am]
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