[Federal Register Volume 70, Number 232 (Monday, December 5, 2005)]
[Notices]
[Pages 72422-72423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23603]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
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  Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / 
Notices  

[[Page 72422]]



DEPARTMENT OF AGRICULTURE

Forest Service


Lower Trinity Ranger District, Six Rivers National Forest, 
California, SPI Road Project

AGENCY: Forest Service, USDA.

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

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SUMMARY: The USDA Forest Service will prepare an environmental impact 
statement to disclose the environmental effects from construction of an 
access road approximately 4,800 feet long to Sierra Pacific industrial 
private lands surrounded by Forest Service Lands.

DATES: Comments concerning the scope of the analysis must be received 
by thirty days of the publication of this notice in the Federal 
Register. The draft environmental impact statement is expected by 
February 2006 and the final environmental impact statement is expected 
by May 2006.

ADDRESSES: Send written comments concerning this notice to Jeff Walter, 
Forest Supervisor, Six Rivers National Forest, 1330 Bayshore Way, 
Eureka, CA 95501-3834. Comments may be (1) mailed to the Responsible 
Official; (2) hand delivered between the hours of 8 a.m.-4:30 p.m. 
Monday through Friday excluding holidays; (3) faxed to (707) 442-9242; 
or (4) electronically mailed to: [email protected]. Comments submitted electronically must be in Rich 
Text Format (.rtf).

FOR FURTHER INFORMATION CONTACT: Katherine Worn, Project Leader, Lower 
Trinity Ranger District, P.O. Box 68, Willow Creek, CA 95573 or call 
(530) 629-2118.

SUPPLEMENTARY INFORMATION: The project area is located in the South 
Fork Watershed entirely within Trinity County, within the General 
Forest Management Area and Riparian Reserves, in T4N, R6E, section 10, 
HM.

Purpose and Need for Action

    There is a need for action on a special use permit application 
submitted by Sierra Pacific Industries property to allow construction 
of a road across national forest lands to provide access to their 
property. The purpose to provide access to Sierra Pacific Industries is 
to comply with the provisions of the 1989 Alaskan National Interest 
Lands Conservation Act, section 1323, and the Forest Service regulation 
for evaluating and granting access to private lands within the national 
forest system at 36 CFR 251.110 to 251.114.
    The 1989 Alaskan National Interest Lands Conservation Act, section 
1323, states:

    ``(a) Notwithstanding any other provision of law, and subject to 
such terms and provisions of law, and subject to such terms and 
conditions as the Secretary of Agriculture may prescribe, the 
Secretary shall provide such access to nonfederally owned land 
within the boundaries of the National Forest System as the Secretary 
deems adequate to secure to the owner the reasonable use and 
enjoyment thereof; Provided, That such owner comply with rules and 
regulations applicable to ingress and egress to or from the National 
Forest System.''

    In 36 CFR 251.111 it defines adequate access, and in 36 CFR 251.114 
it describes the criteria, terms, and conditions of its granting: ``* * 
* (2) the route is so located and constructed as to minimize adverse 
impacts on soils, fish and wildlife, scenic, cultural, threatened and 
endangered species, and other values of the Federal Lands; * * *''
    There is also a purpose and need to comply with Six Rivers Land and 
Resource Management Plan standards and guidelines with respect to 
riparian reserves, late successional reserves, and heritage and 
cultural resources.

Proposed Action

    The Six Rivers National Forest is proposing to authorize a special 
use permit to Sierra Pacific Industries (SPI) to construct, use and 
maintain 4,811 feet of access road, during the dry season, across 
National Forest System lands in the W\1/2\ Section 10, T4N, R6E, HM. 
The road is needed for SPI to access their property located in the 
SW\1/4\ of Section 9, T4N, R6E, HM, in the upper Underwood Creek 
drainage, since it is surrounded by Forest Service lands.

Amend the Land and Resource Management Plan (LRMP)

    This proposal includes a site-specific forest plan amendment. It 
amends the LRMP standard and guide 9-8 in Chapter IV on page 111, which 
states: ``Inside roadless areas--No new roads will be built in 
remaining unroaded portions of inventoried (RARE II) roadless areas 
that still qualify as `roadless.' '' Therefore this standard and guide 
would not apply to this project.

Possible Alternatives

    Currently the Six Rivers is anticipating analyzing in detail four 
alternatives, the no action, proposed action, a helicopter only 
alternative, and a temporary road alternative.

Responsible Official

    Jeff Walter, Forest Supervisor, 1330 Bayshore Way, Eureka, CA 
95501-3834, is the Responsible Official.

Nature of Decision To Be Made

    The Forest Service must decide whether it will implement this 
proposal, an alternative design that moves the area towards the desired 
condition, or not to implement any project at this time.

Scoping Process

    In the 2nd and 3rd Quarters of 2003, the 3rd Quarter of 2005, and 
the 1st quarter of 2006, the Sierra Pacific Industries (SPI) Road 
Project was included in the Six Rivers National Forest Schedule of 
Proposed Action, which was posted on the Six Rivers National Forest's 
internet Web site and mailed to interested parties. The proposal was to 
build 4,811 feet of road. On October 18, 2004 a scoping letter was 
mailed to interested and affected tribes, individuals, organizations, 
and Federal, State and local agencies with responsibilities for local 
resource management. After evaluating responses to the November 2004 
scoping period, the Forest Service has decided to prepare an 
environmental impact statement (EIS) for this project. This notice of 
intent invites additional public comment on this proposal and initiates 
the preparation of the environmental impact statement. The proposal has 
not been changed, except for the amendment to the LRMP, since scoping 
in November of 2004. Comments submitted at that time will be used in

[[Page 72423]]

the environmental analysis process. Due to the extensive scoping 
efforts already conducted, no scoping meeting is planned.
    The scoping process will include identification of potential 
issues, in depth analysis of significant issues, development of 
alternatives to the proposed action, and determination of potential 
environmental effects of the proposal and alternatives. While public 
participation in this analysis is welcome at any time, comments 
received within 30 days of the publication of this notice will be 
especially useful in the preparation of the draft environmental impact 
statement. The public is encouraged to take part in the planning 
process and to visit with Forest Service officials at any time during 
the analysis and prior to the decision.

Preliminary Issues

    The following preliminary issues have been identified for this 
proposal: Construction of roads in the Underwood Inventoried Roadless 
Area, impacts to water quality from construction activities associated 
with the project, potential spreading of noxious weed species known to 
occur in the area because of the projects ground disturbing activities, 
and use of alternatives to ground based systems.

Comment Requested

    This notice of intent initiates the scoping process which guides 
the development of the environmental impact statement. Comments 
submitted during the November 2004 scoping period will be used in the 
environmental analysis process. Those who submitted comments at that 
time do not need to comment again, unless they have new comments they 
would like to provide. The public is encouraged to take part in the 
process and is encouraged to visit with Forest Service officials at any 
time during the analysis and prior to the decision. The Forest Service 
will be seeking information, comments, and assistance from Federal, 
State, and local agencies and other individuals or organizations that 
may be interested in, or affected by, the proposed vegetation 
management activities.
    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 forty-five 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 forty-five 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.

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

    Dated: November 29, 2005.
Jeff Walter,
Forest Supervisor.
[FR Doc. 05-23603 Filed 12-2-05; 8:45 am]
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