[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Notices]
[Pages 12004-12006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4608]


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DEPARTMENT OF AGRICULTURE

Forest Service


Stanislaus National Forest, CA; Notice of Intent To Prepare an 
Environmental Impact Statement for Candy Rock Quarry Management

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Stanislaus National Forest proposes to set permanent 
limitations on recreational target shooting at Candy Rock Quarry near 
Hathaway Pines, California. The purpose of this proposal is to 
determine if recreational target shooting is an appropriate activity at 
Candy Rock Quarry in the context of safety, public health, and 
applicable law, regulation and policy. If target shooting is found to 
be appropriate, determine the conditions under which shooting may 
continue.

DATES: Comments on the proposed action should be submitted within 45 
days of the date of publication of this Notice of Intent. The Forest 
Service will hold a public meeting in March 2012. Completion of the 
draft environmental impact statement is expected in Fall 2012 and the 
final environmental impact statement is expected in Spring 2013.

ADDRESSES: Send written comments to: Stanislaus National Forest; Attn: 
Candy Rock; 19777 Greenley Road; Sonora, CA 95370; (209) 532-3671. 
Comments may be submitted by Fax [(209) 533-1890]; or, by hand-delivery 
to the address shown above, during normal business hours (Monday-Friday 
8 a.m. to 4:30 p.m.). Oral comments must be submitted via telephone by 
calling (209) 532-3671 ext. 350.
    Electronic comments, in acceptable [plain text (.txt), portable 
document format (.pdf), rich text (.rtf) or Word (.doc)] formats, may 
be submitted to: [email protected] with 
Subject: Candy Rock.

FOR FURTHER INFORMATION CONTACT: For additional information regarding 
this proposal, contact Sara Friberg, Stanislaus National Forest, 19777 
Greenley Road; Sonora, CA 95370; phone: (209) 532-3671 ext. 475; or, 
email: [email protected].

SUPPLEMENTARY INFORMATION:

General Background

    Candy Rock Quarry is located on the Stanislaus National Forest, 
Calaveras Ranger District in Calaveras County near Hathaway Pines, 
California (Section 20, T4N R15E). Forest Roads 4N73Y and 4N80Y provide 
access to the quarry from Highway 4.
    The quarry is in a wildland urban intermix area, approximately one-
third of a mile from the nearest private residential properties. It is 
presently used as a storage site for tunnel muck (loose rock ore 
fragmented during tunnel creation) deposited between 1986 and 1988 
during the construction of the North Fork Stanislaus River 
Hydroelectric Project. The tunnel muck is used for road surfacing. 
Prior to being used as a tunnel muck storage site, the quarry produced 
an ornamental rhyolitic rock called ``candy rock.'' The quarry is one 
of the locations on the District that recreationists actively use for 
target shooting.
    Recreational target shooting is considered a dispersed recreation 
activity on the Stanislaus National Forest. With no designated shooting 
ranges on the Forest, shooting is allowed as long it is conducted in a 
safe manner in compliance with Federal regulations at 36 CFR 261.10(d). 
Target shooting has taken place at the Candy Rock Quarry site since the 
early 1960s, predating the placement of the tunnel muck in the late 
1980s, and the development of most of the nearby residential lots. 
Sheriff's Department and Forest Service law enforcement records 
indicate, over the past three years, no documented incidents involving 
vandalism, vegetation fires or reports of property damage resulting 
from the use of firearms at the quarry site. Records show one incident 
of a self-inflicted gunshot wound, and several noise complaints. The 
Calaveras

[[Page 12005]]

County Sheriff's office reported that the number of calls to the area 
increased substantially since 2009. These calls are primarily 
complaints about shooting from the roadway or from the quarry, 
expressing safety concerns.
    The Calaveras Ranger District received several written and verbal 
complaints about shooting activity at and near the quarry. The 
complaints are about persistent shooting noise during daylight hours 
and into darkness, and concern for personal safety on both public lands 
and nearby private lands. In addition, the District received comments 
from other individuals expressing a desire to continue to enjoy the use 
of the site for responsible target shooting. After a public meeting on 
October 19, 2009 including the Forest Service, the Calaveras County 
Supervisor and Sheriff's offices, and concerned citizens, the Forest 
implemented several mitigation measures to increase safety in the area 
and reduce noise.
    Since implementation of these mitigations, residents claim that the 
shooting activity is louder and more persistent than in previous years. 
As a result, nearby residents insist that the quarry be closed to 
target shooting due to the safety hazard and noise disturbance. 
Conversely, individuals who actively shoot at Candy Rock Quarry express 
their desire to continue using the quarry site for target shooting. As 
a result, the Calaveras Ranger District sought advice from National 
Rifle Association (NRA) Range Technical Team Advisors regarding safety 
concerns at the quarry site. The NRA Range Technical Team found that if 
target shooters follow accepted safety rules and shoot into the 
backstop, Candy Rock Quarry should be a safe area for recreational 
target shooting.
    The Center for Collaborative Policy (CCP), California State 
University in Sacramento, California, conducted an assessment of 
stakeholders concerns in order to suggest options for resolving the 
conflict associated with recreational shooting at the quarry. The CCP 
interviewed members of stakeholders groups (Community for Respectful 
Firearms Use; and, Concerned Citizens for Safe Shooting), noting a 
divided community of individuals, with little progress towards 
resolving the conflict. The CCP report concluded that feelings of 
community alienation, emotional distress and declining health resulted 
from the shooting activity at the quarry.

Purpose and Need for Action

    The Stanislaus National Forest Plan Direction (USDA 2010) provides 
goals, objectives, standards and guidelines, and management area 
direction that apply to the Candy Rock Quarry. The Quarry is situated 
within the Scenic Corridor management area, due to its proximity to 
State Highway 4 (USDA 2010, p. 156).
    On April 29, 2011, the Forest Service issued Forest Order STF-2011-
04 (Candy Rock Quarry Shooting Restriction Area) due to concerns from 
the public about health and safety. This Forest Order limits hours for 
target shooting at the quarry from 10 a.m. to 6 p.m. Monday-Friday, and 
10 a.m. to 3 p.m. on Saturday (the quarry is closed to shooting on 
Sundays). The Forest Order also prohibits the use of explosives within 
the quarry.
    That Forest Order expires on April 28, 2013 so there is a need to 
provide for the long-term management of the Candy Rock Quarry, 
including changes to the National Forest Transportation System for 
Forest Road 4N73Y. As such, the purpose of this initiative is to 
determine if recreational target shooting is an appropriate activity at 
Candy Rock Quarry in the context of safety, public health, and 
applicable law, regulation and policy. If target shooting is found to 
be appropriate, determine the conditions under which shooting may 
continue.

Proposed Action

    In response to the purpose and need, the Forest Service proposes 
to:
    1. Issue a permanent Forest Order with the following conditions:
    a. Set hours for target shooting from 10 a.m. to 6 p.m. Monday-
Friday; 10 a.m. to 3 p.m. on Saturday; and, closed on Sundays.
    b. Prohibit the use of explosives.
    c. Prohibit the use of firearms larger than 0.50 caliber.
    d. Prohibit trap and skeet shooting.
    2. Modify the existing National Forest Transportation System 
(NFTS):
    a. Change vehicle class on Forest Road 4N73Y from All Vehicles to 
Highway Legal Only.
    b. Change season of use on Forest Road 4N73Y from April 15 to 
December 15 to year round.
    3. Install site design elements:
    a. Post signs displaying hours of use and site prohibitions.

Possible Alternatives

    In addition to the Proposed Action, the EIS will evaluate the 
required No Action alternative and may consider other alternatives such 
as those listed below.
    1. No Action: this required alternative would allow Forest Order 
STF-2011-04 to expire on April 28, 2013 with no new shooting 
restrictions, as long as shooting occurs in a safe manner in compliance 
with Federal regulations at 36 CFR 261.10(d). On Forest Road 4N73Y, the 
vehicle class would remain as All Vehicles and the season of use would 
remain as April 15 to December 15.
    2. No Shooting: this alternative, based on comments submitted by 
the public prior to scoping, would close Candy Rock Quarry to all 
shooting. It would include a permanent Forest Order prohibiting 
shooting, physical closure of the site with a gate or rocks, signs 
displaying the closure, and law enforcement activity ensuring 
compliance. On Forest Road 4N73Y, the vehicle class would change from 
All Vehicles to Administrative Use Only (closed to public motorized 
use) and the season of use would change from April 15 to December 15 to 
no season of use (closed to public motorized use).
    3. Continue Current Management: this alternative would continue 
current management by replacing Forest Order STF-2011-04 with a 
permanent order making no changes to on-site prohibitions. On Forest 
Road 4N73Y, the vehicle class would remain as All Vehicles and the 
season of use would remain as April 15 to December 15.

Responsible Official

    Susan Skalski, Forest Supervisor, Stanislaus National Forest, 
Supervisor's Office, 19777 Greenley Road, Sonora, CA 95370.

Nature of Decision To Be Made

    The responsible official will decide whether to adopt and implement 
the proposed action, and alternative to the proposed action, or take no 
action with respect to the management of the Candy Rock Quarry.

Scoping Process

    Public participation is important at numerous points during the 
analysis. The Forest Service seeks information, comments, and 
assistance from the federal, state, and local agencies and individuals 
or organizations that may be interested in or affected by the proposed 
action.
    Scoping identifies issues which are a point of discussion, dispute, 
or debate with the Proposed Action. An issue is an effect on a 
physical, biological, social, or economic resource. An issue is not an 
activity; instead, the predicted effects of the activity create the 
issue. Issues are then separated into the two groups shown below. The 
Council on Environmental Quality (CEQ) NEPA regulations require this 
delineation in Sec. 1501.7, ``* * * identify and eliminate from 
detailed study the issues which are not significant or which have

[[Page 12006]]

been covered by prior environmental review (Sec. 1506.3) * * *''
    1. Significant Issues are used to formulate alternatives, prescribe 
mitigation measures, or analyze environmental effects. Issues are 
significant because of the extent of their geographic distribution, the 
duration of their effects, or the intensity of interest or resource 
conflicts.
    2. Non-Significant Issues are: (1) Outside of the scope of the 
proposed action; (2) already determined through law, regulation, Forest 
Plan, or other higher level decision; (3) irrelevant to the decision to 
be made; (4) conjectural and not supported by scientific fact; (5) a 
comment, opinion, or position statement; or, (6) a question for 
clarification or information.
    Although non-significant issues are not used to formulate 
alternatives or prescribe mitigation measures, the EIS will disclose 
all significant environmental effects including any related to non-
significant issues.

Comment Requested

    This notice of intent initiates the scoping process which guides 
the development of the environmental impact statement. Comments on the 
proposed action should be submitted within 45 days of the date of 
publication of this Notice of Intent. The Forest Service will hold a 
public meeting in March 2012.

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 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.

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

    Dated: February 22, 2012.
Susan Skalski,
Forest Supervisor.
[FR Doc. 2012-4608 Filed 2-27-12; 8:45 am]
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