From: Subject: FR Doc 08-113 Date: Tue, 29 Jan 2008 19:40:48 -0800 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/08-113.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3198 FR Doc 08-113 
[Federal Register: January 17, 2008 (Volume 73, Number 12)]
[Notices]              =20
[Page 3232-3234]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ja08-26]                        =20

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DEPARTMENT OF AGRICULTURE

Forest Service

=20
Spruce Gulch Bark Beetle and Fuels Reduction Project

AGENCY: Forest Service, USDA--Medicine Bow-Routt National Forests.

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

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SUMMARY: In accordance with the National Environmental Policy Act,=20
notice is hereby given that the Forest Service, Medicine Bow-Routt=20
National Forests, will prepare a Draft Environmental Impact Statement=20
to disclose the environmental consequences of the proposed Spruce Gulch=20
Bark Beetle and Fuels Reduction project (Spruce Gulch). The Spruce=20
Gulch analysis area encompasses approximately 32,000 acres of National=20
Forest System (NFS) land, 390 acres of interspersed private land, and=20
150 acres of State of Wyoming land. The majority of the analysis area=20
is situated within the Ecological Restoration--Forest Products=20
Management Area (MA 5.15). MA 5.15 is managed to maintain or restore=20
healthy ecological conditions through a variety of management=20
activities, including timber harvest, while providing a mix of=20
ecological and human needs. The remaining area is situated within a=20
Wildland--Residential Interface Management Area (MA 7.1). National=20
Forest System (NFS) lands adjacent to the residential interface areas=20
are managed to minimize risks of catastrophic fires and insect and=20
disease epidemics.
    Mountain pine beetles (Dendroctonus ponderosae) are at epidemic=20
levels in northern Colorado and southern Wyoming and are causing=20
significant mortality of lodgepole pine trees. In response to this=20
situation, a Mountain Pine Beetle Epidemic Declaration was issued by=20
the Rocky Mountain Regional Office on June 25, 2007. The declaration=20
was based on analysis of aerial survey data and ground survey data sets=20
of forests containing lodgepole pine at risk for mountain pine beetle=20
infestation. The mountain pine beetle epidemic declaration encompasses=20
the Spruce Gulch analysis area in southern Wyoming. Proposed treatments=20
associated with the Spruce Gulch project will focus on salvaging dead=20
and dying timber to promote regeneration of future lodgepole pine=20
stands and reducing hazardous fuel concentrations adjacent to private=20
lands and egress routes.
    The Forest Supervisor of the Medicine Bow-Routt National Forests=20
has

[[Page 3233]]

determined that the Spruce Gulch project is authorized under sections=20
102(a)(1) (Federal land in wildland-urban interface areas) and=20
102(a)(4) (insect and disease epidemics) of the Healthy Forests=20
Restoration Act (HFRA) of 2003. HFRA provides for expedited=20
environmental analysis and treatments of lands that are at risk of=20
wildland fire, have experienced windthrow or blowdown or are at risk of=20
insect and disease epidemics. Accordingly, the environmental analysis=20
associated with the Spruce Gulch project will proceed according to=20
section 104 of the HFRA.
    To move toward the desired future condition, as described in the=20
Medicine Bow Revised Land and Resource Management Plan (Revised Forest=20
Plan 2003), and meet the purpose and need of the project proposal,=20
proposed silvicultural treatments include: (1) Clearcutting; (2)=20
commercial thinning; (3) shelterwood removal; (4) shelterwood=20
preparatory cut; (5) shelterwood seed cut; (6) group selection; (7)=20
individual tree selection; (8) sanitation/salvage; and (9) salvage=20
treatments. Transportation activities associated with the project=20
proposal consist of road construction and road reconstruction.

DATES: Comments concerning the scope of the analysis must be received=20
by February 15, 2008. The Draft Environmental Impact Statement is=20
expected to be available for public review in April 2008, the Final=20
Environmental Impact Statement is expected to be available in June=20
2008, and the Record of Decision is expected to be released in=20
September 2008.

ADDRESSES: Submit written, oral, or E-mail comments by: (1) Postal=20
service-Medicine Bow-Routt National Forests, ATTN: Melissa Martin,=20
Project Coordinator, 2468 Jackson Street, Laramie, WY 82070; (2)=20
telephone-(307) 745-2371; (3) E-mail-mmmartin@fs.fed.us.

FOR FURTHER INFORMATION CONTACT: Charles Cobb at (307) 245-2338.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    The purpose of the Spruce Gulch project is to reduce current=20
mountain pine beetle populations in forested stands dominated by=20
lodgepole pine trees, decrease the risk and hazard of catastrophic=20
wildfire in the proximity of private lands and homes, and to reduce the=20
susceptibility of vegetation to catastrophic fire and further mountain=20
pine beetle attacks.
    The project is needed to:
     Reduce the threat of future beetle infestations in stands=20
that have a moderate to high beetle risk;
     Reduce the risk of high intensity/high severity wildfires=20
within treatment areas by reducing hazardous fuel loadings associated=20
with treatments and beetle killed trees;
     Reduce the effects of tree mortality on the overall=20
health, scenic quality, and condition of forested areas; and
     Salvage forest products from forested lands classified as=20
being suitable to keep them in production and positively contributing=20
to the Forest's Allowable Sale Quantity.

Proposed Action

    Under the Proposed Action, the Laramie Ranger District of the=20
Medicine Bow-Routt National Forests will evaluate a variety of bark=20
beetle related salvage, suppression, and prevention silvicultural=20
treatments and hazardous fuels abatement treatments on approximately=20
4,500 acres. Current estimates identify 1,859 acres of clearcutting,=20
146 acres of commercial thinning, 38 acres of overstory removal, and=20
2,463 acres of adaptive management prescriptions. Adaptive management=20
prescriptions including salvage, sanitation/salvage, shelterwood, group=20
selection, individual tree selection, commercial thinning, and=20
overstory removal. Adaptive management strategies are proposed on these=20
acres because it would be difficult, at this point in time, to=20
determine the exact location, timing, treatment types, and specific=20
amounts of treatment type that would best address the rapidly spreading=20
mountain pine beetle epidemic. The treatments would be located=20
primarily within MAs 5.15 and 7.1, with a small amount of treatments=20
within MA 5.13--Forest Products.
    Approximately 1,041 of the 4,500 acres identified above fall within=20
MA 7.1--Residential/Forest Interface; these acres would be managed=20
using a combination of silvicultural treatments to reduce hazardous=20
fuels. Management activities would generally occur less than one-half=20
mile, or as identified within specific community wildfire protection=20
plans, from the identified communities and would be subordinate to more=20
restrictive management areas. Appropriate treatment boundaries would be=20
based on site-specific conditions such as topography, vegetation=20
conditions, and fuel loadings.
    Approximately 0.3 miles of specified road construction, 2.7 miles=20
of temporary road construction, and 8.8 miles of road reconstruction=20
could be required for project implementation. The final assessment of=20
road needs has not been determined, and could be more or less. To=20
accommodate the amount of harvest and road construction, the proposal=20
may include some soil and water projects to mitigate road related=20
problems.

    Note: Forest-wide Direction contained in the Medicine Bow Land=20
and Resource Management Plan (Forest Plan 2003) generally limits the=20
size of openings created by even-aged management (e.g. clearcuts) to=20
40 acres (Forest Plan page 1-35). Exceptions are granted, however,=20
in areas that have experienced natural catastrophic conditions such=20
as fire, insect or disease attacks, or windstorms. The Spruce Gulch=20
Proposed Action currently proposes a clearcut prescription on 49=20
units (totaling 1,859 acres), 22 of which exceed the 40 acre maximum=20
size limitation. The largest proposed clearcut unit is 138 acres,=20
while the majority of the other units are between 41 and 80 acres.=20
These larger clearcut units primarily fall within MA 5.15=20
(Ecological Restoration) which allows created openings as large as=20
250 acres (Forest Plan page 2-63, Vegetation Guideline 2)

    Collaboration Process: As required by Title I, section 104 of the=20
HFRA, the Forest Service engaged in a collaborative process with local=20
stakeholders prior to developing the Proposed Action described above.=20
Members of the collaborative group included, but were not limited to,=20
private landowners within or adjacent to the analysis area boundary,=20
industry representatives, State and local government officials, and=20
members of public interest groups. The collaborators participated in=20
three meetings hosted by the Forest Service during the months of=20
November and December of 2007, and contributions from the group were=20
considered and incorporated in to the final design of the Proposed=20
Action.

Responsible Official

    The responsible official for the Spruce Gulch Bark Beetle and Fuels=20
Reduction project is the Laramie District Ranger of the Medicine Bow-
Routt National Forests.

Nature of Decision To Be Made

    The Spruce Gulch Bark Beetle and Fuels Reduction Environmental=20
Impact Statement will evaluate site-specific management proposals,=20
consider alternatives to the Proposed Action, and analyze the effects=20
of the activities proposed in the alternatives. It will form the basis=20
for the Responsible Official to determine: (1) Whether or not the=20
Proposed Action and alternatives are responsive to the issues, are=20
consistent with Forest Plan direction, meet the purpose and need, and=20
are consistent with other related laws and regulations directing=20
National Forest Management

[[Page 3234]]

activities; (2) whether or not the information in the analysis is=20
sufficient to implement proposed activities; and (3) which actions, if=20
any, to approve.

Preliminary Issues

    The following potential issues and concerns were identified via=20
internal scoping and collaboration efforts: (1) Beetle spread from NFS=20
lands to adjacent private lands; (2) cumulative impacts of past and=20
proposed treatments; (3) intensity of vegetative treatments and slash=20
disposal adjacent to wildland-urban interface areas; (4) ingress/egress=20
for forest users and property owners; and (5) management of mapped and=20
inventoried old growth stands.

Comment Requested

    This notice of intent initiates the scoping process that guides the=20
development of the environmental impact statement. Comments that are=20
site-specific in nature are most helpful to resource professionals when=20
trying to narrow and address the public's issue and concerns. Comments=20
on the Spruce Gulch proposal will be accepted until February 15, 2008=20
as identified previously in this notice of intent. Comments will be=20
reviewed and issues will be identified. Issues that cannot be resolved=20
by design criteria or minor changes to the Proposed Action may generate=20
alternatives to the Proposed Action. This process is driven by comments=20
received from the public, other agencies, and internal Forest Service=20
concerns. To assist in commenting, a scoping letter providing more=20
detail on the project proposal has been prepared and is available to=20
interested parties. Contact Melissa Martin, Project Coordinator, at the=20
address listed in this notice of intent if you would like to receive a=20
copy.

Release of Names

    Comments received in response to this solicitation, including names=20
and addresses of those who commented, will be considered part of the=20
public record on this Proposed Action and will be available for public=20
inspection. Comments submitted anonymously will be accepted and=20
considered; however, those who submit anonymous comments will not have=20
standing to object to the subsequent decision under 36 CFR Part 218.=20
Additionally, pursuant to 7 CFR 1.27(d), any person may request the=20
agency to withhold a submission from the public record by showing how=20
the Freedom of Information Act (FOIA) permits such confidentiality.=20
Persons requesting such confidentiality should be aware that, under the=20
FOIA, confidentiality may be granted in only very limited=20
circumstances, such as to protect trade secrets. The Forest Service=20
will inform the requester of the agency's decision regarding the=20
request for confidentiality, and where the request is denied, the=20
agency will return the submission and notify the requester that the=20
comments may be resubmitted with or without name and address within ten=20
(10) days.

Early Notice of Importance of Public Participation in Subsequent=20
Environmental Review

    A draft environmental impact statement will be prepared for=20
comment. The comment period on the draft environmental impact statement=20
will be 45 days from the date of the Environmental Protection Agency=20
publishes the notice of availability in the Federal Register.
    The Forest Service believes, at this early stage, that it is=20
important to give reviewers notice of several court rulings related to=20
public participation in the environmental review process. First,=20
reviewers of draft environmental impact statements must structure their=20
participation in the environmental review of the proposal so that it is=20
meaningful and alerts an agency to the reviewer's position and=20
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,=20
553 (1978). Also, environmental objections that could be raised during=20
the draft environmental impact statement stage, but are not raised=20
until after completion of the final environmental impact statement, may=20
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d=20
1016, 1022 (9\th\ Cir. 1986) and Wisconsin Heritages, Inc. v. Harris,=20
490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court=20
rulings, it is very important that those interested in this Proposed=20
Action participate by the close of the 45-day comment period so that=20
substantive comments and objections are made available to the Forest=20
Service at a time when it can meaningfully consider them and respond to=20
them in the final environmental impact statement.
    To assist the Forest Service in identifying and considering issues=20
and concerns related to the Proposed Action, comments on the draft=20
environmental impact statement should be as specific as possible. It is=20
also helpful if comments refer to specific pages or chapters of the=20
draft document. Comments may also address the adequacy of the draft=20
environmental impact statement or the merits of the alternatives=20
displayed in the document. Reviewers should refer to the Council on=20
Environmental Quality Regulations at 40 CFR 1503.3 for implementing the=20
procedural provisions of the National Environmental Policy Act for=20
addressing these points.

    Dated: January 9, 2008.
Thomas A. Florich,
Acting Laramie District Ranger.
[FR Doc. 08-113 Filed 1-16-08; 8:45 am]

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