[Federal Register: February 6, 2003 (Volume 68, Number 25)]
[Notices]
[Page 6110-6111]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06fe03-16]
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DEPARTMENT OF AGRICULTURE
Forest Service
Flagtail Fire Recovery Project; Malheur National Forest, Grant
County, OR
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 (EIS) on a proposal to assist the recovery of the area burned
in 2002 by the Flagtail Fire. This will include proposals to salvage
fire-killed and fire-damaged timber, implement reforestation, and
implement projects to alleviate the potential for future damage to
wildlife habitat, and aquatic resources as a result of the Flagtail
Fire. The 7,250-acre project area is located on the Blue Mountain
Ranger District, approximately 25 miles southwest of John Day, Oregon,
within the Silvies Watershed.
DATES: Comments concerning the scope of the analysis must be received
by February 28, 2003.
ADDRESSES: Send written comments to Michael Montgomery, District
Ranter, Blue Mountain Ranger District, P.O. Box 909, John Day, OR
97845.
FOR FURTHER INFORMATION CONTACT: Linda Batten, Flagtail Fire Recovery
Project Team Leader, Blue Mountain Ranger District. Phone: (541) 575-
3000. E-mail lbatten@fs.fed.us or the Malheur National Forest website
at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fs.fed.us/r6/malheur.
SUPPLEMENTARY INFORMATION: In July 2002, the Flagtain Fire burned
approximately 8,200 acres, of which 7,250 occur on the Malheur National
Forest. The remainder of the fire includes approximately 950 acres of
private land. The 7,250-acre decision area for the Flagtail Fire
Recovery Project includes those portions of the Flagtail Fire that
burned within the Silvies Watershed on National Forest System lands.
Purpose and Need for Action
The purposes and needs for action in the project planning area are
to:
[sbull] Reduce fuel loadings,
[sbull] Reduce the risk of insect infestation in surviving stands,
[sbull] Capture economic value of the killed and damaged trees,
[sbull] Provide safe and adequate roaded access in the fire area,
[sbull] Reduce the effects of roads on wildlife and water quality,
[sbull] Re-establish upland vegetation, and
[sbull] Designate suitable dedicated and replacement old growth
areas to replace those degraded by the fire.
Proposed Action
The proposed project could include the following activities:
--Salvage harvest approximately 5,200 acres, in the Silvies watershed;
--Decommission approximately 13 miles and close approximately 13 miles
of road;
--Reforest areas that sustained high tree mortality with appropriate
species;
--Replace Dedicated Old Growth that is now unsuitable due to the fire
(resulting in a Forest Plan amendment).
About 80% of the proposed timber salvage units would be harvested
using ground-based logging systems. Access for the salvage activities
would require construction of less than 1 mile of road, construction of
approximately 60 miles of road. The temporary roads would be
decommissioned after completion of project activities. Approximately
20% of the area to be salvaged would be harvested using helicopter
based logging systems. Connected actions in association with salvage
include water barring and erosion control measures such as scattering
of slash on skid trails and treatment of slash.
Approximately 5,200 acres would be planted with tree seedlings
following site preparation. Fuels, including those created by the fire,
by salvage activity, and by site preparation, would be reduced to meet
the range of historic levels throughout the project area. A variety of
fuel treatment methods would be used including removing marketable
timber through salvage harvest, burning in place, piling and burning,
and whole tree yarding.
All proposed activities are responsive to the stated purpose and
need for this project.
Possible Alternatives
A full range of alternatives will be considered, including a ``no
action'' alternative in which none of the activities proposed above
would be implemented. Based on the issues gathered through scoping, the
action alternatives could differ in the silvicultural and post-harvest
treatments prescribed, the amount and location of harvest, or the
amount and location of fuels reduction activity. Tentative alternatives
to the proposed action could include an alternative that does not
require the construction of additional temporary or permanent roads,
other than temporary re-opening of existing roads. Another alternative
could emphasize removal (or other fuels treatment options) of dead
timber in the size classes most likely to reburn. Currently available
science on snag and coarse woody debris dependent species habitat will
be a factor in alternative development and could result in a proposal
of a site-specific Forest Plan amendment to update standards and
guidelines for these species. Consideration of various regeneration
strategies including planting at relatively low stocking levels could
also be a factor that differentiates alternatives.
Scoping Process
The public will have an opportunity to participate at several
points during the analysis including the scoping period after
publication of the notice of intent, and during the comment period
after publication of the draft EIS. Notification of these opportunities
will appear in subsequent issues of the Malheur National Forest's
Schedule of Proposed Activities; letters to agencies, organizations,
and individuals who have previously indicated their interest in such
activities; and a legal notice in the Blue Mountain Eagle. Public
meetings may be scheduled during the winter/spring of 2002-2003. The
scoping process will include identifying potential issues, identifying
major issues to be analyzed in depth, eliminating non-significant
issues or those previously covered by a relevant environmental
analysis, considering additional alternatives based on themes which
will be derived from issues recognized during scoping activities, and
identifying potential environmental effects of the proposed action and
alternatives (i.e. direct, indirect, and cumulative effects and
connected actions).
[[Page 6111]]
Preliminary Issues
Preliminary issues include snag and downed wood habitat; noxious
weeds; effects of proposed activities on soils exposed by the fire;
effects of proposed activities on the recovery of water quality and
resident fisheries resource; ability of proposed activities to
contribute to restoration of historic vegetation composition,
structures, and patterns; potential loss of commercial timber value;
and economic viability of timber salvage.
Public comments about this proposal are requested in order to
assist in properly scoping issues, to determine how to best manage the
resources, and to fully analyze environmental effects. Comments
received to this notice, including names and addresses of those who
comment, will be considered part of the public record on this proposed
action and will be available for public inspection. Comments submitted
anonymously will be accepted and considered; those who submit anonymous
comments will not have standing to appeal the subsequent decision under
36 CFR parts 215 and 217. Additionally, pursuant to 7 CFR 1.27(d), 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. Persons requesting such confidentiality should be
aware that under FOIA, confidentiality may be granted in only very
limited circumstances, such as to protect trade secrets. The Forest
Service will inform the requester of the agency's decision regarding
the request for 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 a
specific number of days.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review
The comment period on the draft EIS will be 45 days from the date
the Environmental Protection Agency publishes the notice of
availability in the Federal Register the draft EIS is expected in May
2003 and the final EIS is expected in September 2003.
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
a draft EIS 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 EIS stage but that are not raised
until after completion of the final EIS 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 EIS.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, comments on the draft EIS should
be as specific as possible. It is also helpful if comments refer to
specific pages or chapters of the draft EIS. Comments may also address
the adequacy of the draft EIS 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.
The Forest Service is the lead agency. The Responsible Official is
the Forest Supervisor, Malheur National Forest, 431 Pattern Bridge
Road, John Day, Oregon 97845. The Responsible Official will decide
which, if any, of the proposed projects will be implemented. The
Responsible Official may also decide on site-specific Forest Plan
amendments regarding standards and guidelines for snag and coarse woody
debris, as well as big game habitat, if warranted by the analysis of
those components in light of recent science.
The Responsible Official will document the Flagtail Fire Recovery
Project decision and reasons for the decision in the Record of
Decision. That decision will be subject to Forest Service Appeal
Regulations (36 CFR part 215).
Dated: January 27, 2003.
Roger W. Williams,
Forest Supervisor.
[FR Doc. 03-2836 Filed 2-5-03; 8:45 am]
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