[Federal Register Volume 70, Number 22 (Thursday, February 3, 2005)]
[Notices]
[Pages 5602-5603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2046]


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DEPARTMENT OF AGRICULTURE

Forest Service


Emerald Creek Garnet Area; Idaho Panhandle National Forests, 
Benewah and Latah Counties, ID

AGENCY: Forest Service, USDA.

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

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SUMMARY: The St. Joe Ranger District of the Idaho Panhandle National 
forests is beginning analysis and preparation of an Environmental 
Impact Statement to address recreational gemstone digging of the garnet 
resource in the Emerald Creek drainage.
    The project area produces extraordinary quality and quantity of 
large garnets. Some of the drainages produce star garnets. The Forest 
Service currently manages a public digging area by fee permit in 281 
Gulch, a tributary to Emerald Creek.
    The purpose and need for this project is based on the fact that the 
garnet resource is finite and valuable and there is considerable public 
interest in retaining the recreational digging area. Gemstone deposits 
within the current National Forest recreational digging area in 281 
Gulch are being depleted. If the Forest Service is going to continue to 
provide this unique recreational digging opportunity another area needs 
to be identified and developed. Different operation methods are also 
needed to protect water quality and fish habitat while still providing 
a recreational gemstone collecting experience for the public.
    Responsible Official: Ranotta McNair, Forest Supervisor, Idaho 
Panhandle National Forests, 3815 Schreiber Way, Coeur d'Alene, ID 
83815.

DATES: The Draft Environmental Impact Statement is expected to be filed 
by March 25, 2005. The Final Environmental Impact Statement is expected 
to be filed by September 30, 2005.
    Proposed Action: The Forest Service would continue operating the 
public digging area. Several tributaries of the East Fork of Emerald 
Creek would be reserved for future opportunities for public 
recreational digging of gemstone garnets. These areas would not be 
available for commercial lease. A rehabilitation plan for PeeWee, No 
Name and 281 Gulch would be prepared to improve fish habitat and 
maintain water quality. These are streams where garnet digging has 
occurred or is currently active and where fish habitat can be enhanced. 
The public dig would remain in 281 Gulch as long as it is feasible or 
until the operations reach Forest Road 447 on the East Fork of Emerald 
Creek (two to three years). Continuing auger or trench exploration 
would be conducted to facilitate future dig planning.
    In two to three years the Forest Service would move the public dig 
from 281 Gulch to Garnet Gulch. Forest Service operation of the public 
digging area would change to protect water quality and fish habitat. 
This would in turn change the recreational garnet collecting 
experience. Currently an area along the drainage is marked off and 
people can choose where to dig for garnet-bearing gravels. Gravels are 
then washed in a settling pond. This method would be phased out in the 
next two to three years. Equipment would be used to remove the 
overburden and stockpile garnet-bearing gravels. Recreational diggers 
would fill a bucket from the garnet-bearing stockpile and take it to a 
sluice for washing.
    When operations move to Garnet Gulch the public would have a longer 
walk to the digging area. Currently recreational garnet diggers walk 
approximately one quarter mile to the dig site. When operations move to 
Garnet Gulch the walk would be approximately one mile. The walk would 
have some steeper pitches (up to 20 percent) than the current walk.
    The operations plan for Garnet Gulch would include using equipment 
for stream channel work, rehabilitation, removing overburden, and 
stockpiling garnet-bearing gravels. The stream would only be disturbed 
once. The Forest Service would be able to rehabilitate the area 
immediately following overburden removal rather than at the end of the 
digging season. Water for the sluice would be put into a settling pond, 
recycled and then distributed over land.
    Issues: Maintaining fish and water quality are issues of primary 
importance. Whether or not to maintain recreational digging areas is 
likely to be an issue. Other issues will be identified through public 
involvement and environmental analysis. A likely alternative to the 
proposed action would include constructing a road that would allow 
people to drive all the way to the sluice site at Garnet Gulch.
    Public Involvement: A scoping letter was sent to garnet area 
visitors and other people who may be interested in the project to 
inform them about the project and solicit comments. News releases were 
sent to local and major newspapers in northern Idaho. This project is 
also listed on the Idaho Panhandle National Forest Web site (http://www.fs.fed.us/ipnf). Pertinent documents will be displayed on this 
site. In addition, 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. It 
is the reviewer's obligation to comment during the scoping and/or DEIS 
review.
    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 (1973). 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 Amgoon 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.

[[Page 5603]]


ADDRESSES: Comments should be sent to: Emerald Creek Garnet Area EIS, 
St. Joe Ranger District, 222 S 7th Street Suite 1, St. Maries, ID 
83861.

FOR FURTHER INFORMATION CONTACT: Tracy Gravelle, St. Joe Ranger 
District, Avery Office, HC Box 1, Avery, ID 83861, 208-245-6207.
    Other Agency Permits: Project implementation within floodplains 
would require Corps of Engineers Permits (404 permits).

    Dated: January 28, 2005.
Ranotta K. McNair,
Forest Supervisor, Idaho Panhandle National Forests.
[FR Doc. 05-2046 Filed 2-2-05; 8:45 am]
BILLING CODE 3410-11-M