[Federal Register Volume 70, Number 92 (Friday, May 13, 2005)]
[Notices]
[Pages 25525-25527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9379]


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DEPARTMENT OF AGRICULTURE

Forest Service


Thorne Bay Ranger District, Tongass National Forest, Alaska; 
Logjam Environmental Impact Statement

AGENCY: Forest Service, USDA

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

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SUMMARY: The U.S. Department of Agriculture, Forest Service will 
prepare an Environmental Impact Statement (EIS) to harvest timber on 
north Prince of Wales Island, in a location south of Coffman Cove, west 
of Luck Lake and East of the Naukati/Sarkar on the Thorne Bay Ranger 
District, Tongass National Forest. The proposed action would harvest up 
to 50 million board feet (MMBF) of timber on approximately 4,500 acres. 
The project would require up to 32 miles of new road construction (14 
of these would be temporary road) and seven miles of road 
reconstruction.

DATES: Comments concerning the scope of the analysis must be received 
within 30 days of the date of this notice. The draft environmental 
impact statement is expected November 2005 and will begin a 45-day 
public comment period. The

[[Page 25526]]

final environmental impact statement and Record of Decision is expected 
June 2006.

ADDRESSES: You may comment on the project the the following ways:
     Mail: Thorne Bay Ranger District, Attn: Logjam EIS scoping 
comments, P.O. Box 19001, Thorne Bay, AK 99919.
     Fax to (907) 828-3309. Subject line: Logjam EIS scoping 
comments.
     E-mail: [email protected] 
Subject line: Logjam EIS scoping comments.
    Include your name, address, and organization name if you are 
commenting as a representative. Scanned signatures are accepted on e-
mails.

FOR FURTHER INFORMATION CONTACT: Chuck Klee, Project Leader, P.O. Box 
19001, Thorne Bay, AK 99919. Phone (907) 828-3264.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    The purpose of and need for the Logjam Timber Sale project is to 
provide timber harvest opportunities suitable for both large and small 
timber purchasers, mill operators, and the value-added wood product 
industries in Southeast Alaska in accordance with Forest Plan 
direction. The need for the project comes from a lack of timber volume 
under contract per requirements of the Tongass Timber Reform Act (TTRA) 
of 1990. The Logjam Timber Sale project is proposed at this time to 
respond to these needs, and to move the project area toward the desired 
condition as described in the Forest Plan. The Forest Supervisor will 
decide whether or not to harvest timber from the Logjam Timber Sale 
project area, and if so, how this timber will be harvested. The 
decision will be based on the information that is disclosed in the 
Environmental Impact Statement. The responsible official will consider 
comments, responses, the disclosure of environmental consequences, as 
well as applicable laws, regulations, and policies in making the 
decision and will state that rationale in the record of Decision.
    The following Forest-wide goals and objectives as applied to the 
Logjam Project Area include:
    (1) Improve timber growth and productivity on suitable timber lands 
made available for timber harvest, and manage these lands for long-term 
sustained yield of timber.
    (2) Contribute to a timber supply from the Tongass that seeks to 
meet annual and Forest Plan planning cycle market demand.
    (3) Provide opportunities for local employment in the wood products 
industry, which in turn contribute to the local and regional economies 
of Southeast Alaska.
    The project area is located within Value Comparison Units (VCUs) 
5770 and 5730s. All units are located within four of the six Land Use 
Designations (LUDs) that occur within the Project Area. The Logjam 
Timber Sale Project will respond to these goals and objectives, and 
help move the forest toward the Desired Future Condition of those LUDs 
as specified in the Forest Plan. It will do this by: (a) Managing 
suitable timber lands for the production of saw timber and other wood 
products on a sustained basis (Timber Production LUD, p. 3-144); (b) 
allowing for a variety of successional stages that provide for a range 
of wildlife habitat conditions, (Modified Landscape LUD, pp. 3-135 and 
3-136); (c) the use of small openings or uneven-aged systems (Scenic 
Viewshed LUD, p. 3-127); and (d) providing for a variety of visual 
conditions (Recreational River LUD, p. 3-112). All four LUDs provide 
for timber harvest which contributes to Forest-wide sustained yield. 
The remaining two LUDs that do not contain proposed units are Scenic 
River and Old-Growth.
    The need for the project comes from a lack of timber volume under 
contract per requirements of the Tongass Timber Reform Act (TTRA) of 
1990. Seeking to meet timber demand for the Tongass National Forest is 
required by Section 101 of TTRA which states that, ``* * * to the 
extent consistent with providing for the multiple use and sustained 
yield of all renewable forest resources, seek to provide a supply of 
timber from the Tongass National Forest which (1) meets the annual 
market demand for timber from such forest and (2) meets the market 
demand from such forest for each planning cycle.''
    The determination of market demand and implementation of TTRA is 
measured periodically. Using the FY04 Timber Demand model, the estimate 
of volume to be offered to meet demand, by market scenarios, ranges 
from 153 million board feet (mmbf) in the Low, 177 mmbf Medium, and 254 
mmbf High. The projected FY04 demand is based on the low market of 153 
mmbf. With approximately 230 mmbf of NEPA-cleared timber currently 
under litigation it is expected that about 80 mmbf will actually be 
offered (Tongass Timber Demand Estimate for FY 2004; http://www.fs.fed.us/r10/tongass/forest_facts/faqs/demand faqs/demand).
    There is a demand on Prince of Wales Island for small timber sales 
that offer lower investment opportunities suitable for the small 
business entities. The wood products harvested from such small sales 
contribute to a wide range of natural resource employment opportunities 
and value added wood products industries. Industry capacity on Prince 
of Wales for 2005 has been estimated at 120 MMBF (USFS spreadsheet 
``050128Timber--Demand --2005--Final.xls''). Currently, the remaining 
volume under contract to Prince of Wales businesses is 42 MMBF (Tongass 
NF pdf: ``vol--under-- contract--fy2004.pdf''). The project area is 
within reasonable proximity to local mills and communities on Prince of 
Wales Island.

Proposed Action

    The proposed action is to harvest approximately 50 million board 
feet (MMBF) of timber from 82 units on approximately 4,500 acres 
resulting in a variety of small and large timber sales, using a 
combination of two-aged, uneven-aged, and even-aged silvicultural 
prescriptions. These prescriptions will be written to meet Forest Plan 
standards and guidelines, which will result in units with smaller 
openings and more partial cut harvesting overall that has historically 
occurred within the Project Area. The project would require up to 32 
miles of new road construction (18 of these would be temporary road) 
and six miles of road reconstruction.

Public Participation

    Public participation has been an integral component of the study 
process and will continue to be especially important at several points 
during the analysis. The Forest Service will be seeking information, 
comments, and assistance from Tribal governments, Federal, State, and 
local agencies, individuals and organizations that may be interested 
in, or affected by, the proposed activities.
    In addition to this Notice of Intent, legal notices will be put in 
the Juneau Empire, the paper of record for this project. Publication is 
expected in the paper of record in early May. As a courtesy to island 
communities, legal notices will also be printed in the Island News and 
Ketchikan Daily News. Written scoping comments are being solicited 
through the scoping letters that were mailed to individuals and 
agencies on the Thorne Bay Ranger District public involvement list in 
May, 2005. The scoping process includes the following: (1) 
Identification of potential issues; (2) identification of issues to be 
analyzed in depth; and (3) elimination of non-significant issues or 
those which have been covered by a previous environmental review. Based 
on the

[[Page 25527]]

results of scoping and the resource capabilities within the project 
area, alternatives including a ``no-action'' alternative will be 
developed for the Draft Environmental Impact Statement. Subsistence 
hearings, as provided for in Title VIII, Section 810 of the Alaska 
National Interest Lands Conservation Act (ANILCA), will be conducted, 
if necessary, during the comment period fo the Draft Environmental 
Impact Statement. 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, 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. 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.
    Comments submitted anonymously will be accepted and considered; 
however, those who submit anonymous comments will not have standing to 
appeal the subsequent decision under 36 CFR parts 215 or 217. 
Additionally, pursuant to 7 CFR 1.27(d), any person may require the 
agency to withhold submission from the public record by showing how the 
Freedom of Information Act (FOIA) permits such confidentiality. 
Requesters should be aware that, under FIOA, confidentiality may be 
granted in only very limited circumstance, such as to protect trade 
secrets. The Forest Service will inform the requester of the agency's 
decision regarding the request of confidentiality, and where the 
request is denied; the agency will return the submission and notify the 
requester that the comments may be resubmitted with or without name and 
address within seven days.
    To be most helpful and timely, scoping comments should be received 
within 30 days of the publication of this Notice of Intent. Public 
scoping meetings are planned for mid-May at four locations on Price of 
Wales Island where written comments can be given.

Preliminary Issues

    Based on preliminary analysis and internal scoping efforts, we have 
developed an initial list of issues to be analyzed in the EIS:
     Increased hunting and trapping pressure, as a result of 
additional open road densities, may have an adverse affect on the wolf 
population in the project area.
     Cumulative effects of the proposed harvest and road 
construction may increase sedimentation, which could alter stream 
channel morphology and degrade fish habitat in the project area.
     The proposed action may adversely affect deer winter 
range, which could affect subsistence and sport hunting of deer.
     The proposed action would benefit local communities by 
providing additional employment opportunities and income.

Permits or Licenses Required

    Permits required for implementation include the following:

1. U.S. Army Corp of Engineers:
    --Approval of discharge of dredge or fill material into the waters 
for the United States under Section 404 of the Clean Water Act;
    --Approval of the construction of structures or work in navigable 
waters of the United States under Section 10 of the Rivers and Harbor 
Act of 1899;
2. Environmental Protection Agency:
    --General National Pollutant Discharge Elimination System for Log 
Transfer Facilities in Alaska;
    --Review Spill Prevention Control and Countermeasure Plan;
3. State of Alaska, Department of Natural Resources:
    --Tideland Permit and Lease or Easement;
    --Certification of Compliance with Alaska Water Quality Standards 
(401 Certification) Chapter 20;
4. Office of Project Management & Permitting (DNR):
    --Coastal Zone Consistency Determination concurrence.

Responsible Official

    Forrest Cole, Forest Supervisor, Tongass National Forest 
Supervisor, Federal Building, 648 Mission Street, Ketchikan, Alaska 
99901.

Nature of Decision To Be Made

    The Forest Supervisor will decide: (1) The estimated timber volume 
to make available from the project, as well as the location, design, 
and scheduling of timber harvest, road construction and reconstruction, 
and silvicultural practices used; (2) access management measures (road, 
trail, and area restrictions and closures); (3) mitigation measures and 
monitoring requirements; (4) whether to make adjustments to the small 
old-growth reserve (OGR) in VCU 5700; and (5) whether there may be a 
significant restriction on subsistence uses.

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

    Dated: May 2, 2005.
Forrest Cole,
Forest Supervisor, Tongass National Forest.
[FR Doc. 05-9379 Filed 5-12-05; 8:45 am]
BILLING CODE 3410-11-M