From: Subject: FR Doc 08-347 Date: Wed, 30 Jan 2008 22:34:06 -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/2008/08-347.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3198 FR Doc 08-347 
[Federal Register: January 28, 2008 (Volume 73, Number =
18)]
[Notices]              =20
[Page 4774-4776]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja08-20]                        =20

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DEPARTMENT OF AGRICULTURE

Forest Service

=20
Resurrection Creek Restoration Phase II Project Environmental=20
Impact Statement

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an Environmental Impact Statement.

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SUMMARY: The Chugach National Forest, Seward Ranger District will=20
prepare an environmental impact statement for the implementation of a=20
stream and riparian restoration project along a two-mile segment of=20
Resurrection Creek within active mining claims. The environmental=20
impact statement will evaluate the environmental consequences of the=20
proposed restoration project and will also address a supplemental=20
mining plan of

[[Page 4775]]

operations proposing mining adjacent to the restoration corridor.

DATES: To be most useful, comments concerning the scope of this project=20
should be received by the end of February 2008. A draft environmental=20
impact statement is expected to be ready for review in the summer of=20
2008 and a final environmental impact statement is planned for the fall=20
of 2008. Public meetings are also planned to be held: February 12, 2008=20
in Hope, AK (6 p.m. to 8 p.m. at Hope Social Hall), February 13, 2008=20
in Anchorage, AK (7 p.m. to 9 p.m. at Loussac Public Library).

ADDRESSES: Please send written comments to: Chugach National Forest,=20
Attn.: Bill MacFarlane, Resurrection Creek Stream and Riparian=20
Restoration Phase II EIS, 3301 `C' Street, Anchorage, AK 99503-3998.=20
Comments may also be sent via fax to: 907-743-9480 or via e-mail to:=20
wamacfarlane@fs.fed.us. =
Please specify Scoping Comments for=20
Resurrection Creek in the subject line.

FOR FURTHER INFORMATION CONTACT: Bill MacFarlane, Project Coordinator,=20
Chugach National Forest, Attn.: Bill MacFarlane, Resurrection Creek=20
Stream and Riparian Restoration Phase II EIS, 3301 `C' Street,=20
Anchorage, AK 99503-3998, telephone (907) 743-9434, e-mail:=20
wamacfarlane@fs.fed.us.

SUPPLEMENTARY INFORMATION:

Background

    The Resurrection Creek watershed drains 161 square miles on the=20
north side of the Kenai Peninsula, and the community of Hope, Alaska is=20
located at the mouth of Resurrection Creek. Resurrection Creek was the=20
site of Alaska's first gold rush over a century ago, and placer mining=20
continues today. Resurrection Creek is also home to all five species of=20
Pacific salmon and numerous wildlife species. The Resurrection Pass=20
Trail parallels much of Resurrection Creek and provides access to the=20
watershed.
    This proposed ``Phase II'' project would extend upon the ``Phase=20
I'' restoration work completed by the Forest Service during 2005 and=20
2006 on a one-mile reach of Resurrection Creek, located about a mile=20
upstream from the Resurrection Pass Trailhead. These reaches were=20
impacted by historic mining, and both of these projects were=20
recommended in the Resurrection Creek Landscape Assessment, completed=20
in 2001.
    The Seward Ranger District proposes to restore Resurrection Creek's=20
channel, floodplain, and streamside vegetation to pre-mining conditions=20
and enhance fish and riparian wildlife habitat. Restoration work would=20
take place on and adjacent to Resurrection Creek along the two-mile=20
project reach. Elements of the proposed project implementation include=20
the following:
     Providing access for heavy equipment, which may include a=20
temporary bridge over Resurrection Creek.
     Mechanical manipulation and grading of up to 200,000 cubic=20
yards of mine tailings to restore the natural floodplain widths and=20
elevations.
     Construction of a meandering river channel and adjacent=20
side channels that mimic natural conditions, include abundant habitat,=20
and promote a self-sustaining riparian ecosystem.
     Selective removal of beetle killed spruce and cottonwood=20
trees, taken primarily from the valley floor and western terrace along=20
the project area, for use in stream bank protection, habitat=20
improvement, and floodplain stabilization.
     Replacement of nutrient-rich soils over the restored=20
floodplains, transplanted primarily from the western terrace of the=20
project area, to improve growing conditions for native plant=20
communities in the floodplains and riparian areas.
     Re-vegetation of native plant species on constructed=20
floodplains and riparian areas, including natural re-vegetation,=20
seeding, and planting.
    The project area lies within mining claims of the Hope Mining=20
Company. Because the proposed stream restoration would occur within=20
active mining claims, the Forest Service has worked with the mine=20
claimants to establish a restoration corridor, where mining operations=20
would be excluded in order to protect the restored ecosystem.
    To accomplish the proposed restoration within the restoration=20
corridor through these active claims, this project will address Hope=20
Mining Company's proposed supplemental mining plan of operations which:
     Provides the necessary protection for the proposed=20
Resurrection Creek restoration efforts from existing approved mining=20
operations and future mining operations within the restoration=20
corridor; and
     Includes proposed mining operations for seven areas=20
adjacent to the proposed corridor. These seven areas will be analyzed=20
concurrently with the proposed stream restoration elements.

Permits and Licenses

    The proposed restoration is not expected to require any permits or=20
licenses; however, depending on final project design and land=20
ownership, the Forest Service may obtain a water use permit (AS 41.114,=20
Section 870) and/or a temporary land use permit (11 AAC 96.010a).

Public Involvement

    During February of 2008 the Forest Service will be seeking=20
information, comments, and assistance from Federal, State and local=20
agencies, tribal organizations, individuals, and organizations that may=20
be interested in, or affected by the proposed activities. Comments=20
received as a result of both the earlier public involvement and the=20
current scoping will be included in this analysis. All comments will be=20
analyzed to identify issues to be considered in the Draft EIS. Issues=20
currently identified for analysis in the EIS include potential effects=20
of the allocation to economic opportunities, conflicts between=20
commercial operations, displacement of resident users, impacts to=20
wildlife habitat, and the effect on subsistence uses.
    It is also expected that two public meetings will be held in Hope=20
and Anchorage February 12th and 13th, 2008 respectively, to provide=20
project area information and discuss local concerns and interests that=20
should be addressed in this environmental analysis. Based on the=20
results of scoping, alternatives will be developed, analyzed, and=20
compared in a Draft EIS. The Draft EIS will be filed with the=20
Environmental Protection Agency (EPA) in the summer of 2008. Comments=20
on the DEIS will be considered and responded to in the Final EIS, to be=20
completed by fall 2008.
    The comment period on the draft environmental impact statement will=20
be 45 days from the date the Environmental Protection Agency publishes=20
the notice of availability in the Federal Register. The Forest Service=20
believes, at this early stage, it is important to give reviewers notice=20
of several court rulings related to public participation in the=20
environmental review process. First, reviewers or draft environmental=20
impact statement must structure their participation in the=20
environmental review of the proposal so that it is meaningful and=20
alerts an agency to the reviewer's position and contentions. Vermont=20
Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978).
    Also, environmental objections that could be raised at the draft=20
environmental impact statement stage but that are not raised until=20
after completion of the final environmental impact statement may be=20
waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d=20
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v.

[[Page 4776]]

Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these=20
court rulings, it is very important that those interested in this=20
proposed action participate by the close of the comment period so that=20
comments can be made available to the Forest Service at a time when=20
they can be meaningfully considered responded to in the final=20
environmental impact statement. To assist the Forest Service in=20
identifying and considering issues and concerns on the proposed action,=20
comments on the draft environmental impact statement should be as=20
specific as possible. It is also helpful if comments refer to specific=20
pages or chapters of the draft statement. Comments may also address the=20
adequacy of the draft environmental impact statement or the merits of=20
the alternatives formulated and discussed in the statement. Reviewers=20
may wish to refer to the Council on Environmental Quality Regulations=20
for implementing the procedural provisions of the National=20
Environmental Policy Act at 40 CFR 1503.3 in addressing these points.
    Comments received in response to this solicitation, including names=20
and addresses of those who comment, will be considered part of the=20
public record on this Proposed Action and will be available for public=20
inspection and may be released under FOIA. Comments submitted=20
anonymously will be accepted and considered; however, those who submit=20
anonymous comments will not have standing to appeal the subsequent=20
decision (36 CFR Parts 215).
    Responsible Official: Jeni Evans, Seward District Ranger, Chugach=20
National Forest, is the responsible official.

    Dated: January 17, 2008.
Jeni Bradley Evans,
District Ranger.
[FR Doc. 08-347 Filed 1-25-08; 8:45 am]

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