[Federal Register: December 31, 2009 (Volume 74, Number =
250)]
[Notices] =20
[Page 69325-69326]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de09-28] =20
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DEPARTMENT OF AGRICULTURE
Forest Service
=20
Bend/Ft. Rock Ranger District; Deschutes National Forest;=20
Deschutes County, OR; Ogden Landscape Vegetation Management Project EIS
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=20
statement (EIS) on a proposed action to promote development of large=20
tree structural conditions and to improve forest health and fuel=20
conditions within the 26,500-acre Ogden Landscape planning area. The=20
planning area is located to the west of and adjacent to the Newberry=20
National Volcanic Monument and to private lands to the east of State=20
Highway 97, south of Forest road 9735 and north of Forest road 22. The=20
planning area is all within public lands managed by the Deschutes=20
National Forest. An analysis has been initiated that takes a landscape=20
approach to managing the vegetation to meet objectives for resilient=20
forest, fuels and fire behavior, and wildlife habitat. Methods that=20
would be used to reduce tree density and hazardous fuels are: Non-
commercial and commercial thinning, mechanical shrub treatment, and=20
prescribed burning. The alternatives will include the proposed action,=20
no action, and, if necessary, additional alternatives that respond to=20
issues generated through the scoping process. The agency will give=20
notice of the full environmental analysis and decision-making process=20
so interested and affected public may participate and contribute to the=20
final decision.
DATES: Comments concerning the scope of the analysis must be received=20
by 30 days following the date that this notice appears in the Federal=20
Register.
ADDRESSES: Send written comments to Shane Jeffries, District Ranger,=20
Bend-Fort Rock Ranger District, Red Oaks Square, 1230 NE. Third Street=20
Suite A-262, Bend, Oregon 97701.
FOR FURTHER INFORMATION CONTACT: Beth Peer, Environmental Coordinator,=20
Bend-Fort Rock Ranger District, Red Oaks Square, 1230 NE. Third Street=20
Suite A-262, Bend, Oregon 97701, phone (541) 383-4769.
Responsible Official: The responsible official is John Allen,=20
Forest Supervisor, Deschutes National Forest, 1001 SW. Emkay Dr., Bend,=20
OR 97701.
SUPPLEMENTARY INFORMATION: Background. This Central Oregon landscape is=20
a priority for restoration. There are many high-value areas within and=20
adjacent to the project area: Paulina Creek which bisects the planning=20
area from east to west is eligible for the National Wild and Scenic=20
Rivers System; popular sites such as McKay, Ogden, and Prairie=20
Campgrounds and the Peter Skeen Ogden National Scenic Trail provide=20
diverse opportunities for recreation; and the primary access into and=20
out of Newberry Crater and the Newberry National Monument passes=20
through the project area. The project area also provides habitat for=20
goshawk and other Management Indicator Species. High fuel loads and the=20
presence of ladder of fuels puts these areas at risk to a large scale=20
wildfire.
The amount of late and old structure ponderosa pine is far below=20
the historic range of variability. A majority of the planning area is=20
second-growth ponderosa pine, which has grown in following historic=20
logging in the 1920s to 1940s. Portions of the area have been
[[Page 69326]]
thinned dating from the 1960s to as recently as 2009. In thinned and=20
unthinned areas, tree growth is increasing stand density relative to=20
stocking capacity of the site. Densities are affecting tree diameter=20
growth and creating conditions favorable for mountain pine beetle=20
attack. In some cases, lodgepole has been established and is adversely=20
affecting the growth of ponderosa pine. There are also areas of pure=20
lodgepole pine that are either mature stands, or have been regenerated=20
in the recent past. Mixed conifer stands are a smaller component of the=20
landscape and are primarily ponderosa pine with a mix of lodgepole pine=20
and white fir.
Purpose and Need. The general purpose of entering the project area=20
is to move the area towards a more resilient landscape and provide a=20
diversity of habitats closer to what historically occurred. There is a=20
need to reduce forest vegetation density and fuels to increase=20
resilience to insects, disease, and stand-replacing fire, and to=20
increase the proportion of LOS ponderosa pine. Currently, values=20
associated with the landscape are susceptible to a wide-scale=20
disturbance. The Deschutes National Forest Land and Resource Management=20
Plan supports proactive maintenance and enhancing the vigor of the=20
forest in preventing a stand replacement event rather than waiting.
There is a need to contribute to the local and regional economies=20
by providing timber and other wood fiber products and associated jobs.=20
The Deschutes National Forest Land and Resource Management Plan=20
supports management of timber resources and recognizes the value in a=20
way that is consistent with other resource objectives, environmental=20
constraints, and economic efficiency.
Proposed Action. The Forest Service proposes to implement=20
activities across approximately 14,600 acres within the Ogden=20
Landscape. Treatments (commercial and non-commercial thinning) will=20
provide a diversity of habitat structures that are more in line with=20
historical conditions. Thinning will maintain large trees that are=20
present and encourage the development of late and old structure=20
characteristics in stands where not currently present. Shrub mowing=20
will reduce surface and ladder fuels and allow fire to be used as an=20
ecological restoration tool. Prescribed fire will be applied in the=20
fire-dependent ecosystems to reduce fuels, maintain habitat, and allow=20
fire to perform its natural ecological function. Treatments are=20
designed to address the objectives for each stand type and are=20
strategically located across the area to break up fuel continuity.
Issues. Preliminary issues include the potential effect of the=20
proposed action on cultural resources, developed and dispersed=20
recreation, noxious weeds, air quality, and wildlife habitat.
Comment. Public comments regarding this proposal are requested in=20
order to assist in identifying issues, determine how to best manage the=20
resources, and to focus the analysis. Comments received to this notice,=20
including names and addresses of those who comment, will be considered=20
part of the public record on this proposed action and will be available=20
for public inspection. Comments submitted anonymously will be accepted=20
and considered; however, those who submit anonymous comments will not=20
have standing to appeal the subsequent decision in accordance with 36=20
CFR parts 215 and 217. Additionally, pursuant to 7 CFR 1.27(d), any=20
person may request the agency to withhold a submission from the public=20
record by showing how the Freedom of Information Act (FOIA) permits=20
such confidentiality. Persons requesting such confidentiality should be=20
aware that, under FOIA, confidentiality may be granted in only very=20
limited circumstances, such as to protect trade secrets. The Forest=20
Service will inform the requester of the agency's decision regarding=20
the 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 a=20
specified number of days.
A draft EIS will be filed with the Environmental Protection Agency=20
(EPA) and available for public review by October 2010. The EPA will=20
publish a Notice of Availability (NOA) of the draft EIS in the Federal=20
Register. The final EIS is scheduled to be available February 2011.
The comment period on the draft EIS will be 45 days from the date=20
the EPA publishes the notice of availability in the Federal Register.
The Forest Service believes, at this early stage, it is important=20
to give reviewers notice of several court rulings related to public=20
participation in the environmental review process. First, reviewers of=20
a draft EIS must structure their participation in the environmental=20
review of the proposal so that it is meaningful and alerts an agency to=20
the reviewer's position and contentions [Vermont Yankee Nuclear Power=20
Corp. v. NRDC, 435 U.S. 519, 553 (1978)]. Also, environmental=20
objections that could be raised at the draft EIS stage but that are not=20
raised until after completion of the final EIS may be waived or=20
dismissed by the courts [City of Angoon v. Harris, 490 F. Supp. 1334,=20
1338 (E.D. Wis. 1980)]. Because of these court rulings, it is very=20
important that those interested in this proposed action participate by=20
the close of the 45-day comment period so that substantive comments and=20
objections are made available to the Forest Service at a time when it=20
can meaningfully consider them and respond to them in the final EIS.
To assist the Forest Service in identifying and considering issues=20
and concerns on the proposed action, comments on the draft EIS should=20
be as specific as possible. It is also helpful if comments refer to=20
specific pages or chapters of the draft statement. Comments may also=20
address the adequacy of the draft EIS of the merits of the alternatives=20
formulated and discussed in the statement. Reviewers may wish to refer=20
to the Council on Environmental Quality Regulations for implementing=20
the procedural provisions of the National Environmental Policy Act at=20
40 CFR 1503.3 in addressing these points.
In the final EIS, the Forest Service is required to respond to=20
substantive comments received during the comment period for the draft=20
EIS. The Forest Service is the lead agency and the responsible official=20
is the Forest Supervisor, Deschutes National Forest. The responsible=20
official will decide where and whether or not to apply natural fuels=20
treatments, thin stands, and reforest group cuts. The responsible=20
official will also decide how to mitigate impacts of these actions and=20
will determine when and how monitoring of effects will take place.
The Ogden Landscape Vegetation Management decision and the reasons=20
for the decision will be documented in the record of decision, which=20
will be subject to Forest Service Appeal Regulations (35 CFR Part 215).
Dated: December 18, 2009.
John Allen,
Forest Supervisor, Deschutes National Forest.
[FR Doc. E9-30744 Filed 12-30-09; 8:45 am]
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