[Federal Register Volume 72, Number 142 (Wednesday, July 25, 2007)]
[Notices]
[Pages 40831-40832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3621]


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DEPARTMENT OF AGRICULTURE

Forest Service


South 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 Hell Canyon Ranger District of the Black Hills National 
Forest intends to prepare an Environmental Impact Statement (EIS) for a 
proposal to implement multiple resource management actions within the 
South project area as directed by the Black Hills National Forest Land 
and Resource Management Plan. The South project area is approximately 
52,082 acres in size, with 43,045 acres of National Forest lands, 1,197 
acres of state land and 7,840 acres of private land. The project 
proposes to reduce the risk of large-scale wildfire effects on the At-
Risks Communities (ARC) of Custer, Pringle and Argyle, South Dakota, 
provide for wildlife habitat needs, reduce risks of mountain pine 
beetle infestation, provide a sustainable supply of commercial timber, 
and provide management and public access.

DATES: Comments related to this project will be most useful to the 
planning team if received within 30 days after publication of this 
notice in the Federal Register. The draft environmental impact 
statement is expected to be available January 2008 and the final 
environmental impact statement is expected to be completed by June 
2008.

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, RichText or pdf format and must contain ``South'' in the 
subject line. Electronic comments may be e-mailed to: [email protected].

FOR FURTHER INFORMATION CONTACT: Betsy Koncerak, Project Leader, at the 
address listed above or by phone at (605) 673-4853.

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). The 
Project Area is located approximately four miles west of Custer, South 
Dakota and is within Custer County. The northernmost point of the 
project area lies approximately four miles north of US Highway 16 along 
Lightning Creek road. The southernmost point of the project area is 
approximately 12 miles south of US Highway 16 along Pleasant Valley 
Road.

Purpose and Need for Action

    The purpose and need for action in the South project area is to 
reduce the risk of large-scale wildfire on the At-Risk Communities 
(ARCs) of Custer, Pringle and Argyle, South Dakota (66 FR 43384), 
provide for wildlife habitat needs, enhance vegetative diversity, 
reduce the risk of mountain pine beetle infestation, and provide a 
sustainable supply of commercial timber consistent with direction in 
the Revised Forest Plan for the Black Hills National Forest, as amended 
(Forest Plan), while providing for management and public access needs. 
This project is focused on implementing management actions that move 
toward achieving desired conditions and objectives embodied in Goals 10 
(establish and maintain a mosaic of vegetation conditions to reduce 
occurrences of large-scale fire, insect, and disease events), 2 
(provide for biologically diverse ecosystems), and 3 (provide for 
sustained commodity uses) of the Forest Plan.

Proposed Action

    The proposed action includes the following management actions:
     Commercial thinning to 40 basal area on approximately 
9,621 acres to reduce fuels around private lands to reduce the risk of 
large-scale wildfire. In addition, approximately 9,400 acres of 
prescribed burning is proposed to reduce fuels in other portions of the 
project area to create fuel breaks for community protection.
     Commercial thinning to 60 basal area on approximately 
2,628 acres to increase tree growth and vigor, reduce the potential for 
mountain pine beetle infestation and reduce the potential for spreading 
crown fires.
     Releasing approximately 11,428 acres of regenerated pine 
stands through overstory removal prescriptions.
     Restoration and maintenance of meadows by removing 
conifers from approximately 2,847 acres of these habitats.
     Reducing the density of the managed road system, which is 
currently 5.4 miles per square mile, by closing unneeded roads and by 
converting needed, unauthorized roads to system roads.

[[Page 40832]]

Responsible Official

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

Nature of Decision To Be Made

    The decision to be made is whether or not to implement the proposed 
action or an alternative to the proposed action at this time.

Scoping Process

    The Hell Canyon Ranger District has mailed letters with 
comprehensive scoping documents to landowners, local and tribal 
government representatives, permittees, and other interested or 
potentially affected parties and organizations. The scoping document 
with attached maps will be posted on the Black Hills National Forest 
Web site in July 2007. Comments submitted in response to this NOI will 
be most useful to the project planning team if received within 30 days 
from the date of this notice.

Comment Requested

    This notice of intent is part of the scoping process which will 
guide the development of the EIS. Comments received will assist the 
planing team with identification of key issues to refine the proposal, 
create alternative proposals, and identify necessary project design 
features. Comments on the Draft EIS will be requested during the 45 day 
comment period following publication of the Notice of Availability in 
the Federal Register which is expected in January 2008.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    A Draft EIS 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 planning team would like to take this 
opportunity to give reviewers advanced notice of several court rulings 
related to public participation in the environmental review process: 
(1) Reviewers of draft environmental impact statements must structure 
their participation in the environmental review of the proposal so that 
it is meaningful and alters an agency to the reviewer's position and 
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 
553 (1978); (2) 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, 
parties interested in this proposed action must submit comments by the 
close of the 45 day comment period to assure that the Forest Service 
planning team can meaningfully consider 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. Please 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 within the statement. In addressing these 
points, 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.
    Comments received on this proposal, including names and addresses 
of those who comment, will be considered part of the public record and 
will be available for public inspection.

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

    Dated: July 18, 2007.
Craig Bobzien
Forest Supervisor, Black Hills National Forest.
[FR Doc. 07-3621 Filed 7-24-07; 8:45 am]
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