[Federal Register Volume 70, Number 50 (Wednesday, March 16, 2005)]
[Notices]
[Pages 12843-12844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5146]


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DEPARTMENT OF AGRICULTURE

Forest Service


Newsome Creek Watershed Rehabilitation Project, Nez Perce 
National Forest, Idaho County, ID

AGENCY: Forest Service, USDA.

ACTION: Notice; intent to prepare environmental impact statement.

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    Authority: 40 CFR 1501.7

SUMMARY: The Forest Service will prepare an environmental impact 
statement to disclose the environmental impacts of implementing 
watershed improvement activities within the Newsome Creek Watershed 
Rehabilitation project area. Individuals interested in actions of this 
nature are encouraged to submit comments and become involved in the 
planning process.

DATES: Comments concerning the scope of the analysis should be received 
at the address below on or before May 6, 2005.

ADDRESSES: Send written comments to Terry Nevius, Red River District 
Ranger, P.O. Box 416, Elk City, ID 83525.

FOR FURTHER INFORMATION CONTACT: Stephanie Bransford, Project 
Coordinator, (208) 842-2113.

SUPPLEMENTARY INFORMATION: The Newsome Creek Watershed Rehabilitation 
Project area is located on the Nez Perce National Forest in northern 
Idaho within Idaho County. Newsome Creek joins the South Fork 
Clearwater River 53 miles upstream of Kooshia, Idaho. This watershed 
has a very high habitat potential for both anadromous and resident fish 
with spawning occurring in the upper reaches and providing important 
subadult/adult rearing habitat for fish in the lower section (USDA 
Forest Service, 1998).
    The Newsome Creek Watershed Rehabilitation Project entails three 
main components; road decommissioning and improvements, culvert 
replacements, and the rehabilitation of approximately four miles of the 
mainstream Newsome Creek channel and floodplain.
    Approximately 52 miles of roads have been identified for either 
decomissioning or improvement. Treating these roads will reduce chronic 
sediment delivery to the watershed's stream system.
    Two culverts have been identified for replacement. They are located 
on a road that is identified above for improvement. These culverts are 
currently undersized and fish passage barriers. New culverts will be 
designed using natural stream simulation and will be able to handle 
bankfull stream flows.
    In 2004, a feasibility study was done on rehabilitating 
approximately 4 miles of stream channel and floodplain that have been 
heavily altered by past dredge mining activities. From the feasibility 
study an alternative has been chosen that includes regrading sections 
of tailings piles to regain a functioning floodplain as well as 
reconstructing sections of stream channel that currently has little or 
no habitat diversity. This component of the project will create more 
fish habitat for spawning and rearing as well as providing a 
functioning riparian area and floodplain.
    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 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. 1980) and Wisconsin 
Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). 
Because of these court

[[Page 12844]]

rulings, it is very important that those interested in the Newsome 
Creek Watershed Rehabilitation Project, as now defined, submit comments 
by [enter correct time 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.

    Dated: March 9, 2005.
Jane L. Cottrell,
Forest Supervisor, Nez Perce National Forest.
[FR Doc. 05-5146 Filed 3-15-05; 8:45 am]
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