[Federal Register Volume 71, Number 213 (Friday, November 3, 2006)]
[Notices]
[Pages 64681-64682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18498]


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DEPARTMENT OF AGRICULTURE

Forest Service


Gauley Ranger District, Monongahela National Forest, WV; Lower 
Williams Vegetation Project EIS

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

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SUMMARY: The Forest Service, Monongahela National Forest, Gauley Ranger 
District, intends to prepare a draft environmental impact statement to 
disclose the environmental consequences of timber harvest, road 
construction, wildlife habitat improvement, and associated activities 
in the Lower Williams area of Webster County, WV to move this area 
towards the desired condition.

DATES: Comments and suggestions concerning the scope of the analysis 
should be submitted (postmarked) by December 4, 2006 to ensure timely 
consideration. The draft environmental impact statement is expected to 
be available May 2007 and the final environmental impact statement is 
expected to be September 2007.

ADDRESSES: Send written comments to O'Dell Tucker, ID Team Leader, 
Lower Williams Project, 932 North Fork Cherry RD., Richwood, WV 26261. 
Send electronic comments to [email protected] (please note: when commenting by e-mail be sure to 
list Lower Williams Vegetation Project EIS in the subject line and 
include a U.S. Postal Service address so we may add you to our mailing 
list). See SUPPLEMENTARY INFORMATION section for information on how to 
send electronic comments. For further information, mail correspondence 
to O'Dell Tucker at the address above.

FOR FURTHER INFORMATION CONTACT: O'Dell E. Tucker, project team leader, 
see the address above under ADDRESSES. Copies of documents may be 
requested at the same address. The scoping letter and maps for the 
Lower Williams EIS are posted on the MNF Web site: http://www.fs.fed.us/r9/monongahela.

SUPPLEMENTARY INFORMATION: The Monongahela National Forest Land and 
Resource Management Plan (Forest Plan) sets site-specific goals for the 
management of forest resources. The National Forest System Land within 
the Lower Williams Project Area is in Management Prescription (MP) 3.0, 
which emphasizes age class diversity and sustainable timber production, 
habitat for wildlife species tolerant of disturbances, such as deer, 
grouse, and squirrel, a variety of forest scenery, and primary 
motorized recreation environment.
    The Forest Service is proposing actions that would move the Lower 
Williams Project Area from the existing condition towards the Desired 
Future Condition (DFC) and would maintain the DFC in situations where 
it has been attained. The DFC is described in the 2006 Monongahela 
National Forest Land and Resource Management Plan (Forest Plan).

Purpose and Need for Action

    The purpose and need for action in the Lower Williams Project is 
to: (1) Create early successional forest habitat and permanent openings 
within the area to improve habitat for species such as grouse, deer, 
and squirrel; (2) reduce the amount of competition between trees for 
light and water resources in dense, over-crowded stands to provide for 
sustainable timber and mast production; and (3) regenerate shade-
intolerant tree species and diversity forest age classes to improve the 
long-term sustainability of timber and increase the quality and growth 
rate of crop trees and mast producing trees.

Proposed Action

    Proposed activities to meet the desired condition fall into three 
main categories. (1) Timber harvest and reforestation treatments 
consist of: Regeneration harvest, commercial thinning, shelterwood 
harvest, manual site preparation and release, herbicide application, 
planting and tubing of American Chestnut and Butternut. (2) Wildlife 
habitat improvement treatments consist of: Savannah construction, water 
hole construction, opening maintenance, and herbicide use. (3) 
Transportation treatments consist of: Road reconditioning, road 
construction, and road reconstructioning.
    Responsible Official: This decision will be subject to appeal under 
36 CFR 215. The responsible official is James L. Lowe, Gauley Ranger 
District, 932 North Fork Cherry RD., Richwood, PA 26261.

Nature of Decision To Be Made

    The decision to be made is whether to implement the proposed 
action, an alternative to the proposed action, or to defer activities 
related to this project. If an action alternative is selected, the 
deciding official will decide what, if any, mitigation measures are 
included and if a Forest Plan is required.
    Scoping Process: This notice of intent initiates the scoping 
process, which guides the development of the environmental impact 
statement. The scoping process will begin the day following the 
publication of this notice of intent in the Federal Register.
    Preliminary Issues: Preliminary issues were identified based on 
internal review of the project area, issues developed for similar 
projects, and site-specific concerns raised by the resource 
specialists. The resource concerns within the project area are impacts 
to water quality, soils, and aquatic wildlife.
    Comments Requested: Your comments will help the Forest Service 
refine and enhance the list of issues that are considered when 
analyzing alternatives to the proposed action.
    Review: When this analysis is nearly complete, the Draft EIS will 
be filed with the Environmental Protection Agency and become available 
for public review (expected by May 2007). At that time the 
Environmental Protection Agency will publish a Notice of Availability 
of the document in the Federal Register (this will begin the 45-day 
comment period on the Draft EIS). After the comment period ends on the 
Draft EIS, the comments will be analyzed and considered by the Forest 
Service in preparing the final environmental impact statement. The 
Final EIS and Record of Decision are scheduled for release in September 
2007.

[[Page 64682]]

    Comments received, including names and addresses of those who 
comment, will be considered part of the public record and may be 
subject to public disclosure. Any person may request the Agency to 
withhold a submission from the public record by showing how the Freedom 
of Information Act (FOIA) permits such confidentiality.
    The Forest Service believes it is important to give reviewers 
notice at this early stage 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 
stage may be waived or dismissed by the courts (City of Angoon v. 
Hodel, 803 F.2nd 1016, 1022 [9th Cir. 1986] and Wisconsin Heritages, 
Inc. v. Harris, 490 F. Supp. 1334, 1338 [E.D. Wis. 1980]).
    Because of the above 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 are made available to 
the Forest Service at a time when they can be meaningfully considered 
and responded to in the final environmental impact statement. Comments 
on the draft environmental impact statement should be as specific as 
possible. It is also helpful if comments refer to specific pages, 
sections, 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 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.

     Dated: October 26, 2006.
James L. Lowe,
District Ranger.
 [FR Doc. E6-18498 Filed 11-2-06; 8:45 am]
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