[Federal Register Volume 70, Number 39 (Tuesday, March 1, 2005)]
[Notices]
[Pages 9914-9916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3894]


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DEPARTMENT OF AGRICULTURE

Forest Service


Bugtown Gulch Mountain Pine Beetle and Fuels Project, Hell Canyon 
Ranger District, Black Hills National Forest, Custer, SD

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Bugtown Gulch Mountain Pine Beetle and Fuels project area 
is approximately 16,000 acres in size, with 13,500 acres of National 
Forest lands and 2,500 acres of private land. The project proposes 
prevention, suppression and salvage strategies to reduce the beetle 
infestation and minimize adverse effects to resources and includes fuel 
treatments to lessen the potential for widespread high intensity 
wildfire. There are approximately 49 structures on private land within 
the project area and another 35 within 1 mile of the project boundary. 
Between 1999 and 2004, Mountain Pine Beetle (MPB) mortality in the 
project areas has increased 14-fold. The beetle population, based on 
the number of dead trees, continues to increase an average of 2-3 times 
per year in the project area and is spreading. Some pine stands have 
already suffered 50-75% mortality. The Acting Black Hills National 
Forest, Forest Supervisor, Brad Exton, has determined that a mountain 
pine beetle epidemic is occurring in the project area and that the 
epidemic could pose significant threats to forest resources in the 
project area, including wildlife habitat, forest products and watershed 
health. Currently, approximately 85% of the project area is ponderosa 
pine stands in a high risk condition for mountain pine beetles 
susceptibility. This includes approximately 718 acres within the Wabash 
timber sale which is under contract, but not yet harvested.
    This project is an ``authorized project'' under Title I of the 
Healthy Forests Restoration Act (HERA). We will be utilizing expedited 
procedures authorized by this act to complete project planning and 
decisionmaking.

DATES: Comments concerning the scope of the analysis will be most 
useful if received within 30 days following publication of this notice. 
Comments submitted by individuals, groups or other agencies in response 
to previous scoping efforts for this project have been incorporated 
into the analysis and there is no need to resubmit comments in response 
to this NOI. The draft environmental impact statement is expected May 
2005 and the final environmental impact statement is expected July 
2005.

ADDRESSES: Send written comments to Michael D. Lloyd, District Ranger, 
Black Hills National Forest, Hell Canyon Ranger District, 330 Mount 
Rushmore Road, Custer, South Dakota 57730. Telephone number: (605) 673-
4853. Fax number: (605) 673-5461. Electronic comments must be readable 
in Word, Rich Text or pdf formats and must contain ``Bugtown Gulch'' in 
the subject line. Electronic comments may be e-mailed to: [email protected].

FOR FURTHER INFORMATION CONTACT: Kelly Honors, Project Leader, at (315) 
668-3307 or Patricia Hudson, District NEPA Coordinator, at (605) 673-
4853, Hell Canyon Ranger District, Black Hills National Forest, 330 
Mount Rushmore Road, Custer, SD 57730.

SUPPLEMENTARY INFORMATION: The actions proposed are in direct response 
to management direction provided by the Black Hills National Forest 
Land and Resource Management Plan, as amended (Forest Plan). It is 
anticipated that a non-significant Forest Plan Amendment related to big 
game

[[Page 9915]]

HABCAP values may be part of the decision. The Project area is 
approximately 5 miles west of the city of Custer, SD.

Purpose and Need for Action

    The Purpose and Need for Action in the Bugtown Gulch project area 
is to reduce the potential for an existing mountain pine beetle 
epidemic to cause widespread mortality on National Forest and private 
lands and to reduce the risk of large-scale high intensity wildfire 
within the project area. This project will address Goals 2 and 3 of the 
Forest Plan, to provide for biologically diverse ecosystems and provide 
for sustained commodity uses, consistent with Forest Plan Standards and 
Guidelines.

Proposed Action

    The proposed action includes management strategies designed for 
prevention, suppression and salvage of the mountain pine beetle 
epidemic. Prevention methods include commercial thinning of ponderosa 
pine trees, 7'' dbh and greater, to a basal area of 40 square feet per 
acre to reduce stand susceptibility to beetle attack. Variable density 
commercial thinning is proposed in stands designated for Goshawk post-
fledgling area (PFA) habitat. These prevention treatments would occur 
on approximately 9,500 acres. Sanitation harvesting is proposed as a 
suppression method to remove ponderosa pine trees, 7'' dbh or greater, 
which have live beetle brood in them. This action is aimed at removing 
as many beetles as possible from the project area, in an attempt to 
lessen the size and extent of the epidemic. This treatment would occur 
on approximately 11,700 acres, which includes the 9,500 acres of 
thinning discussed above. Sanitation treatments may occur over several 
years. Salvage harvesting will remove dead trees which no longer have 
beetle brood in them, but retain some commercial value. The removal of 
dead and dying trees, and thinning stand densities, will also decrease 
the potential for large scale, high density wildlife. Other actions 
include understory fuel treatments on approximately 5,600 acres, 
designed to reduce the future risk of large high intensity wildfire in 
the area, particularly around private land. Fuels treatments could 
include thinning of small diameter trees as well as reduction of ground 
fuels by lopping, chipping, crushing, or piling and burning the piles. 
All treatments will utilize existing roads.

Responsible Official

    Michael D. Lloyd, Hell Canyon District Ranger, Black Hills National 
Forest, 330 Mount Rushmore Road, Custer, SD 57730.

Nature of Decision To Be Made

    The decision to be made is whether or not to implement the proposed 
action or alternatives at this time and whether to amend the Forest 
Plan to allow for implementation of this project.

Scoping Process

    The scoping process thus far has included the following efforts. A 
scoping letter describing the project has been sent to approximately 
200 interested parties. This scoping information has also been posted 
to the Black Hills Web site. The project has been presented to the 
local National Forest Advisory Board, Tribal representatives and local 
congressional representatives in separate meetings. A field review has 
occurred in which approximately 10 individuals attended. A public open 
house has occurred which was attended by approximately 25-30 
individuals. Several News Releases have been provided to announce the 
open house, field trip and consideration of the project by the National 
Forest Advisory Board. Local media including newspaper, radio and 
television, have included reports on this project. The Forest Service 
has listed the project in the Schedule of Proposed Actions that is 
posted on the Black Hills National Forest Web site. Comments submitted 
in response to this NOI will be most useful if received within 30 days 
from the date of this notice. Response to the draft EIS will be sought 
from the interested public beginning in May, 2005.

Preliminary Issues

    From scoping efforts to date the following preliminary issues have 
been identified:
     Post-treatment Snag Density:
    [ctrcir] Potentially high fuel loadings caused by beetle killed 
trees which will not be merchantable and therefore, not be removed in 
the proposed treatment.
    [ctrcir] Viability of snag dependent species.
     Incorporation of hardwood restoration to increase area of 
more fire resistant vegetation.
     Increase acres of variable density thinning to result in a 
more diverse landscape.
     Proposed treatments will not meet the purpose and need to 
reduce beetle mortality or reduce the risk of large scale, high 
intensity fires.

Comment Requested

    This notice of intent is part of the scoping process which will 
guide the development of the EIS. Comments submitted by individuals, 
groups or other agencies in response to previous scoping efforts for 
this project have been incorporated into the analysis and there is no 
need to resubmit comments in response to this NOI. The draft 
environmental impact statement is expected May 2005 and the final 
environmental impact statement is expected July 2005.

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, 802 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

[[Page 9916]]

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.
    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: February 22, 2005.
Brad Exton,
Acting Forest Supervisor.
[FR Doc. 05-3894 Filed 2-28-05; 8:45 am]
BILLING CODE 3410-11-M