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<BODY><DOC><PRE>[Federal Register: February 2, 2010 (Volume 75, Number =
21)]
[Notices]              =20
[Page 5279-5281]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02fe10-22]                        =20

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Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules =

or proposed rules that are applicable to the public. Notices of hearings =

and investigations, committee meetings, agency decisions and rulings,=20
delegations of authority, filing of petitions and applications and =
agency=20
statements of organization and functions are examples of documents=20
appearing in this section.

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[[Page 5279]]



DEPARTMENT OF AGRICULTURE

Forest Service

=20
Sucker Creek Channel and Floodplain Restoration Project (Phase=20
II), Rogue River--Siskiyou National Forest, Josephine County, OR

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an Environmental Impact Statement.

-----------------------------------------------------------------------

SUMMARY: The Forest Service will prepare an Environmental Impact=20
Statement (EIS), to examine impacts connected with restoration of=20
approximately a 0.5 mile section of Sucker Creek. The purpose for=20
preparing this EIS is to analyze and disclose environmental=20
consequences associated with a Proposed Action that includes a variety=20
of restoration activities. Site-specific actions being proposed are=20
designed to increase the quantity and improve the quality of fish=20
habitat, reduce stream temperature, and reduce excessive fine sediment=20
inputs from the project reach.
    The activities are proposed within a portion of the Sucker Creek=20
watershed, located on private lands and lands administered by the Rogue=20
River--Siskiyou National Forest, Wild Rivers Ranger District, Josephine=20
County, Oregon.
    This proposal will tier to and be designed under the Final=20
Environmental Impact Statement for the Siskiyou National Forest Land=20
and Resource Management Plan (LRMP, 1989), as amended by the Northwest=20
Forest Plan (NWFP) (USDA Forest Service and USDI Bureau of Land=20
Management 1994), which provides guidance for land management=20
activities.
    Although this is an action having ``effects primarily of local=20
concern (40 CFR 1506.6(3)),'' the Forest Service is nonetheless=20
publishing this notice in the Federal Register to make diligent effort=20
at involving the public, agencies, organizations, Native American=20
tribes and other interested parties in preparation of this EIS.
    The Wild Rivers Ranger District invites written comments concerning=20
the scope of the analysis in addition to those comments that will be=20
solicited as a result of local public participation activities. The=20
Forest Service will also give notice of the full environmental analysis=20
and decision making process so that interested and affected people are=20
made aware as to how they may participate and contribute to the final=20
decision.

DATES: Issues and comments concerning the scope and analysis of this=20
proposal must be received within 30 days following publication of this=20
notice in the Federal Register.

ADDRESSES: Submit written comments regarding this proposal to Liz=20
Berger, Interdisciplinary Team Leader, care of USDA Forest Service,=20
Medford Interagency Office, 3040 Biddle Road, Medford, Oregon 97504;=20
FAX (541) 618-2149 or electronically to <A =
href=3D"mailto:eaberger@fs.fed.us">eaberger@fs.fed.us</A>.

FOR FURTHER INFORMATION CONTACT: For technical information or questions=20
about this proposal, contact Liz Berger, Interdisciplinary Team Leader,=20
Rogue River--Siskiyou National Forest, phone: (541) 618-2051, FAX:=20
(541) 618-2149, or e-mail: <A =
href=3D"mailto:eaberger@fs.fed.us">eaberger@fs.fed.us</A>.

SUPPLEMENTARY INFORMATION: The legal description of the area being=20
considered is T. 39 S., R. 6 W, in section 31 and T. 39 S., R. 7 W., in=20
section 36; W.M., Josephine County, Oregon.

Purpose and Need for Action

    The purpose of the Sucker Creek Channel and Floodplain=20
Restoration--Phase II project is to improve fish habitat and water=20
quality in the upper Sucker Creek Watershed. The specific restoration=20
goals associated with the Purpose and Need for this project are to:
    <BULLET> Increase habitat quantity and improve habitat quality for=20
coho salmon (listed as a threatened species under the Endangered=20
Species Act), Chinook salmon, steelhead, and Pacific lamprey,
    <BULLET> Reduce stream temperature, and
    <BULLET> Reduce excessive fine sediment inputs from the project=20
reach.
    Restoration actions are needed to address impacts to fish habitat=20
and water quality associated with past land management activities. The=20
Sucker Creek project reach (Sucker Creek) has changed over time due to=20
the effects of hydraulic and placer mining activities, timber harvest,=20
and roads. Sucker Creek has been straightened and realigned. Existing=20
stream morphology measurements show the channel is a Rosgen F channel=20
type which is characteristic of an entrenched and incised system.=20
Historic aerial photos and topographic surveys examining past channel=20
geometry show that the stream channel was more sinuous and contained a=20
larger floodplain, characteristic of a Rosgen C channel type. Mine=20
tailing piles confine the channel and channel instability has caused=20
excessive erosion and steep cutbanks. Additional disturbance responses=20
are present, including increased channel width and lack of channel=20
depth, loss of pool habitat, loss of side channel habitat, increased=20
channel migration, and loss of channel structure and habitat. There is=20
a lack of large wood and the quantity is well below benchmark levels of=20
80 pieces per mile.
    Stream temperatures are high and exceed Oregon Department of=20
Environmental Quality (ODEQ) standards. Sucker Creek was listed for=20
stream temperature (1994/1996 303(d) list) by ODEQ, the Total Maximum=20
Daily Load (TMDL) was adopted, and the Water Quality Management Plan=20
(WQMP) is being implemented. High stream temperatures are from multiple=20
sources, including loss of stream shading and a widened channel that=20
lacks depth.
    There is a need to improve fish habitat and water quality in Sucker=20
Creek by reconstructing portions of the channel, placing large wood=20
structures in the stream channel and floodplain, and riparian planting.

Proposed Action

    The proposed action for this project will implement restoration=20
activities in a 0.5 mile section of Sucker Creek, including=20
reconstruction of portions of the stream channel, placement of large=20
wood structures in the stream channel and floodplain, and establishment=20
of a riparian gallery forest. Further detail on the proposed=20
restoration actions is as follows:
    <BULLET> Reconstruct portions of the mainstem channel--Portions of=20
the mainstem channel will be reconstructed to create the pattern,=20
dimension, and

[[Page 5280]]

profile appropriate for this stream type and valley type. This includes=20
building bankfull benches or structures designed to restore floodplain=20
connectivity and constructing new sections of stream channel. Stream=20
meanders will be constructed, including pools, riffles, runs, and=20
glides appropriate for this system. Banks will be stabilized, as=20
needed. In addition, off-channel habitat features, such as alcoves,=20
will be constructed. The existing channel will be plugged at=20
reconstructed channel connection points using a combination of large=20
wood, sediment comprised of fines, gravels, and cobbles, and slash=20
material. The channel would be constructed using an excavator(s) and=20
dozer.
    <BULLET> Placement of large wood structures--Structures will be=20
used to: Reduce accelerated streambank erosion; provide grade control;=20
enhance fish habitat (holding and rearing cover, spawning habitat,=20
increase spatial habitat diversity); reintroduce and stabilize large=20
wood for fisheries and stream channel stability; transport sediment;=20
and provide energy dissipation. Approximately 160 large wood pieces=20
will be placed using ground-based placement methods with excavators and=20
other heavy equipment. Approximately 15 structures will be constructed=20
on the mainstem portion of Sucker Creek. For these structures, key=20
pieces will be buried into the banks and existing near-bank large=20
riparian trees will used to buttress the instream wood and create=20
stability. Depending on site conditions, boulders may also be used to=20
anchor the logs in place and tree tips may be buried from 4 to 6'. Each=20
tree will be approximately 50' in length with an approximate DBH=20
ranging from 16 to 36''. About 50% or more of the trees used will have=20
intact rootwads. All key wood pieces will be Port-Orford-cedar, incense=20
cedar, or Douglas-fir. Large wood structures will be placed with an=20
excavator.
    <BULLET> Establishment of a riparian gallery forest--Approximately=20
four acres along the mainstem channel riparian area and floodplain will=20
be planted with a mixture of native conifer, hardwood, and shrub=20
species. Disease-resistant Port-Orford-cedar will be included in the=20
mix of native conifers planted.
    Raw materials for the project, such as large wood, boulders, and=20
gravels, will be obtained from Forest Service-managed land within or=20
near the project area or from commercial sources. Trees are expected to=20
come from Forest Service-managed lands within the Sucker Creek=20
Watershed or from commercial sources. A team comprised of a forester,=20
Port-Orford-cedar program manager, and a hydrologist and/or fisheries=20
biologist will identify trees for the project. Depending on tree=20
heights, one tree may produce up to two large wood pieces for the=20
project. Identified trees and locations will be reviewed and analyzed=20
by the interdisciplinary team to determine acceptable trees and sites=20
for project materials.
    The project proposes to significantly increase coho salmon spawning=20
and rearing habitat by restoring a self-maintaining stable meander=20
pattern, creating pools, riffles, and glides, constructing large wood=20
complexes, reconnecting floodplains, and planting a riparian gallery=20
forest. The project will increase stream length and spawning and summer=20
and winter rearing habitats. In addition, the project also proposes to=20
decrease stream temperature by reducing stream width, increasing stream=20
depth, and increasing stream shade through planting of conifers,=20
hardwoods, and shrubs. These restoration activities will also=20
contribute to reducing excessive fine sediment inputs. Project work=20
will follow Oregon Department of Fish and Wildlife instream work=20
guidelines.

Alternatives

    Alternatives to the Proposed Action will include No-Action as=20
required by NEPA. Additional alternatives may also be considered.
    This notice of intent initiates the scoping process under NEPA,=20
which will guide the development of the draft EIS. The draft EIS is=20
expected to be filed with the Environmental Protection Agency (EPA) and=20
to be available for public comment by May 2010. The comment period for=20
the draft EIS will be 45 days from the date EPA publishes the Notice of=20
Availability in the Federal Register.
    At the end of this period, comments submitted to the Forest=20
Service, including names and addresses of those who responded, will be=20
considered part of the public record for this proposal, and as such=20
will be available for public review. Comments submitted anonymously=20
will be accepted and considered; however, those who submit anonymous=20
comments will not have standing to the Objection Process the under 36=20
CFR Part 218.
    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 a=20
specified number of days.
    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
draft EISs 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, 533 (1978). Also, environmental objections=20
that could be raised at the draft EIS stage, but that are not raised=20
until completion of the final EIS, may be waived or dismissed by the=20
courts. City Angoon v. Hodel, 803 F. 2d 1016, 1022 (9th Cir, 1986) and=20
Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis.=20
1980). Because of these court rulings, it is important that those=20
interested in this proposed action participate by the close of the=20
comment period so substantive comments and objections are made=20
available to the Forest Service at a time when it can meaningfully=20
consider them and respond to them in the final environmental impact=20
statement.
    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 EIS. Comments may also address=20
the adequacy of the draft EIS or 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.
    Comments on the draft EIS will be analyzed, considered, and=20
responded to by the Forest Service in preparing the final EIS. The=20
final EIS is scheduled to be completed in summer of 2010.
    The Forest Service Responsible Official is Joel King, District=20
Ranger of the Wild Rivers Ranger District, Rogue River--Siskiyou=20
National Forest. The Responsible Official will consider the Final EIS,=20
applicable laws, regulations, policies, and analysis files in making a=20
decision. The Responsible Official will document the decision and=20
rationale in the Record of Decision.


[[Page 5281]]


    January 21, 2010.
Joel King,
District Ranger.
[FR Doc. 2010-1952 Filed 2-1-10; 8:45 am]
BILLING CODE 3410-11-M

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