[Federal Register: February 3, 2005 (Volume 70, Number 22)]
[Notices]
[Page 5602-5603]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03fe05-13]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Emerald Creek Garnet Area; Idaho Panhandle National Forests,
Benewah and Latah Counties, ID
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
-----------------------------------------------------------------------
SUMMARY: The St. Joe Ranger District of the Idaho Panhandle National
forests is beginning analysis and preparation of an Environmental
Impact Statement to address recreational gemstone digging of the garnet
resource in the Emerald Creek drainage.
The project area produces extraordinary quality and quantity of
large garnets. Some of the drainages produce star garnets. The Forest
Service currently manages a public digging area by fee permit in 281
Gulch, a tributary to Emerald Creek.
The purpose and need for this project is based on the fact that the
garnet resource is finite and valuable and there is considerable public
interest in retaining the recreational digging area. Gemstone deposits
within the current National Forest recreational digging area in 281
Gulch are being depleted. If the Forest Service is going to continue to
provide this unique recreational digging opportunity another area needs
to be identified and developed. Different operation methods are also
needed to protect water quality and fish habitat while still providing
a recreational gemstone collecting experience for the public.
Responsible Official: Ranotta McNair, Forest Supervisor, Idaho
Panhandle National Forests, 3815 Schreiber Way, Coeur d'Alene, ID
83815.
DATES: The Draft Environmental Impact Statement is expected to be filed
by March 25, 2005. The Final Environmental Impact Statement is expected
to be filed by September 30, 2005.
Proposed Action: The Forest Service would continue operating the
public digging area. Several tributaries of the East Fork of Emerald
Creek would be reserved for future opportunities for public
recreational digging of gemstone garnets. These areas would not be
available for commercial lease. A rehabilitation plan for PeeWee, No
Name and 281 Gulch would be prepared to improve fish habitat and
maintain water quality. These are streams where garnet digging has
occurred or is currently active and where fish habitat can be enhanced.
The public dig would remain in 281 Gulch as long as it is feasible or
until the operations reach Forest Road 447 on the East Fork of Emerald
Creek (two to three years). Continuing auger or trench exploration
would be conducted to facilitate future dig planning.
In two to three years the Forest Service would move the public dig
from 281 Gulch to Garnet Gulch. Forest Service operation of the public
digging area would change to protect water quality and fish habitat.
This would in turn change the recreational garnet collecting
experience. Currently an area along the drainage is marked off and
people can choose where to dig for garnet-bearing gravels. Gravels are
then washed in a settling pond. This method would be phased out in the
next two to three years. Equipment would be used to remove the
overburden and stockpile garnet-bearing gravels. Recreational diggers
would fill a bucket from the garnet-bearing stockpile and take it to a
sluice for washing.
When operations move to Garnet Gulch the public would have a longer
walk to the digging area. Currently recreational garnet diggers walk
approximately one quarter mile to the dig site. When operations move to
Garnet Gulch the walk would be approximately one mile. The walk would
have some steeper pitches (up to 20 percent) than the current walk.
The operations plan for Garnet Gulch would include using equipment
for stream channel work, rehabilitation, removing overburden, and
stockpiling garnet-bearing gravels. The stream would only be disturbed
once. The Forest Service would be able to rehabilitate the area
immediately following overburden removal rather than at the end of the
digging season. Water for the sluice would be put into a settling pond,
recycled and then distributed over land.
Issues: Maintaining fish and water quality are issues of primary
importance. Whether or not to maintain recreational digging areas is
likely to be an issue. Other issues will be identified through public
involvement and environmental analysis. A likely alternative to the
proposed action would include constructing a road that would allow
people to drive all the way to the sluice site at Garnet Gulch.
Public Involvement: A scoping letter was sent to garnet area
visitors and other people who may be interested in the project to
inform them about the project and solicit comments. News releases were
sent to local and major newspapers in northern Idaho. This project is
also listed on the Idaho Panhandle National Forest Web site (http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fs.fed.us/ipnf
). Pertinent documents will be displayed on this
site. In addition, 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. It
is the reviewer's obligation to comment during the scoping and/or DEIS
review.
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 (1973). 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 Amgoon 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.
[[Page 5603]]
ADDRESSES: Comments should be sent to: Emerald Creek Garnet Area EIS,
St. Joe Ranger District, 222 S 7th Street Suite 1, St. Maries, ID
83861.
FOR FURTHER INFORMATION CONTACT: Tracy Gravelle, St. Joe Ranger
District, Avery Office, HC Box 1, Avery, ID 83861, 208-245-6207.
Other Agency Permits: Project implementation within floodplains
would require Corps of Engineers Permits (404 permits).
Dated: January 28, 2005.
Ranotta K. McNair,
Forest Supervisor, Idaho Panhandle National Forests.
[FR Doc. 05-2046 Filed 2-2-05; 8:45 am]
BILLING CODE 3410-11-M