[Federal Register: March 11, 2010 (Volume 75, Number = 47)] [Notices] =20 [Page 11508-11511] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr11mr10-26] =20 ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Forest Service =20 Revision of Land Management Plan for the Uwharrie National Forest AGENCY: Forest Service, USDA. ACTION: Notice of Intent To Revise the Land and Resource Management=20 Plan and Prepare an Environmental Impact Statement. ----------------------------------------------------------------------- SUMMARY: As directed by the National Forest Management Act, the USDA=20 Forest Service is preparing the Uwharrie National Forest's revised land=20 management plan (forest plan) and will also prepare an Environmental=20 Impact Statement (EIS) for this revised forest plan. This notice=20 briefly describes the nature of the decision to be made, the need for=20 change and proposed action, and information concerning public=20 participation. It also provides estimated dates for filing the ElS and=20 the name and address of the responsible agency official and the=20 individuals who can provide additional information. Finally, this=20 notice briefly describes the applicable planning rule and how plan=20 revision work completed under the 2008 planning rule will be used or=20 modified for completing this plan revision. The revised forest plan=20 will supersede the current forest plan that was approved by the=20 Regional Forester in May 1986. The current forest plan will remain in=20 effect until the revised forest plan takes effect. DATES: Comments concerning the need for change and proposed action=20 provided in this notice will be most useful in the development of the=20 draft revised forest plan and EIS if received by May 7, 2010. The=20 agency expects to release a draft revised forest plan and draft EIS for=20 formal comment by October, 2010 and a final revised forest plan and=20 final EIS by September, 2011. ADDRESSES: Comments may be sent via e-mail: comments-southern-north=20 carolina@/fs.fed.us, or via = facsimile to 828-257-4263. Send or deliver=20 written comments to: National Forests in North Carolina, Attention:=20 Uwharrie Plan Revision Team, 160A Zillicoa Street, Asheville, NC 28801. FOR FURTHER INFORMATION CONTACT: Ruth Berner, Forest Planner, National=20 Forests in North Carolina, 160A Zillicoa Street, Asheville, NC, (828)=20 257-4862. Information regarding this revision is also available at the=20 National Forests in North Carolina Web site: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?fro= m=3DleavingFR.html&log=3Dlinklog&to=3Dhttp://www.cs.unca.edu/nfsn= c/uwliarrie_plan/index.htm. Individuals who use telecommunication=20 devices for the deaf (TDD) may call the Federal Information Relay=20 Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern=20 Time Monday through Friday. SUPPLEMENTARY INFORMATION: A. Name and Address of the Responsible Official The responsible official who will approve the Record of Decision is=20 Elizabeth Agpaoa, Regional Forester, 1720 Peachtree Road NW., Atlanta,=20 Georgia, 30309. [[Page 11509]] B. Nature of the Decision To Be Made The Uwharrie National Forest is preparing an EIS to revise the=20 current forest plan. The EIS process is meant to inform the Regional=20 Forester so that she can decide which alternative best meets the=20 diverse needs of people while protecting the forest's resources, as=20 required by the National Forest Management Act and the Multiple Use=20 Sustained Yield Act. The revised forest plan will describe the=20 strategic intent of managing the Uwharrie National Forest into the next=20 10 to 15 years and will address the need for change described below.=20 The revised forest plan will provide management direction in the form=20 of goals (desired conditions), objectives, suitability determinations,=20 standards, guidelines, and a monitoring plan. It may also make new=20 special interest area designations and recommendations. It is also important to identify the types of decisions that will=20 not be made within the revised forest plan. The authorization of=20 project-level activities on the forests is not a decision made in the=20 forest plan but occurs through subsequent project specific decision=20 making. The designation routes and trails for motorized vehicle travel,=20 equestrian and mountain bike use are not considered during plan=20 revision, but will be addressed through subsequent planning processes.=20 Some issues (e.g., hunting regulations), although important, are beyond=20 the authority or control of the Uwharrie National Forest and will not=20 be considered. C. Need for Change and Proposed Action According to the National Forest Management Act, forest plans are=20 to be revised on a 10 to 15 year cycle. The purpose and need for=20 revising the current forest plan are (1) the forest plan is over 20=20 years old, and (2) since the forest plan was approved in 1986, there=20 have been changes in economic, social, and ecological conditions, new=20 policies and priorities, and new information based on monitoring and=20 scientific research. Extensive public and employee collaboration, along=20 with science-based evaluations, identified the need for change in the=20 current forest plan. This need for change has been organized into three=20 revision themes that focus on the sustainability of ecological, social,=20 and economic systems: (1) Restoring the forest to a more natural=20 ecological condition, (2) better managing heritage resources, and (3)=20 providing outstanding and environmentally friendly outdoor recreation=20 opportunities, with excellent trails and facilities. The need for=20 change is described fully in the Draft Analysis of the Management=20 Situation document, which is available on the forests' Web site: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from= =3DleavingFR.html&log=3Dlinklog&to=3Dhttp://www.cs.unca.edu/nfsnc= /uwharrie_plan/index.htm. The Proposed Action is to revise the current forest plan to address=20 the following three revision themes: Revision Theme 1--Restoring Tile Forest to a More Natural Ecological=20 Condition Restoring Native Ecosystems Existing Forest ecosystems include native pine and hardwood=20 communities, but also include loblolly pine communities on sites that=20 once supported longleaf pine and oak hickory forests. The 1986 Plan=20 emphasized timber production and one result was additional loblolly=20 planting. By refocusing the emphasis onto restoration of native=20 ecosystems, the proposed action includes re-introduction of longleaf=20 pine and oak hickory forests on appropriate sites. Woodlands and open, prairie like conditions also existed in the=20 Uwharrie area in the past and supported a variety of sun-loving species=20 that are now rare in the current more closed-canopy conditions. The=20 Endangered Schweinitz's sunflower is one such species. The proposed=20 action includes creating more open woodland conditions to support these=20 rare species, thus better contributing to native biological diversity. Using Fire as a Tool Restoring natural fire regimes is important in sustaining some=20 native ecosystems such as longleaf pine and the open woodland=20 conditions utilized by other rare plants. The proposed action increases=20 the use of prescribed fire for better maintenance of these native plant=20 communities. Controlling Non-Native Invasive Plants The 1986 Plan did not emphasize controlling non-native invasive=20 plant species. The proposed action sets objectives for addressing this=20 issue. Consistent Acorn Production There is a relatively limited supply of oaks in the age range when=20 acorns are most abundantly produced. The proposed action includes=20 periodic vegetation management to maintain a more consistent amount of=20 oaks with prime acorn production capabilities. Selective Stream Restoration Opportunities exist to improve stream channel stability and aquatic=20 habitat. The proposed action emphasizes proactive restoration of=20 streams and aquatic habitats. Revision Theme 2--Better Managing Heritage Resources Studying History There are more than 1,600 recorded heritage resources on the=20 Uwharrie. These resources include artifacts and archeological sites=20 that document human use of the area for more than 14,000 years. The=20 Forest was home for people who extracted its resources and the Forest=20 holds abundant evidence of their activities and habitations. Their=20 effects on the landscape and the environment's effects on the people=20 can only be understood with further study of these resources. Protecting History Unauthorized disturbance and collection of artifacts is prohibited=20 under the Archeological Resources Protection Act of 1979, which=20 protects all artifacts and sites over 100 years of age located on=20 Federal lands. The proposed action includes direction to mitigate=20 impacts to high priority sites. Interpreting History Opportunities abound for historic interpretation (Thomburg=20 property, Crump Farm, Arrowhead Trail, goldmines) and for scientific=20 research (prehistoric quarries and bogs/upland swamps). Bogs and upland=20 swamps are likely to contain well-preserved data to interpret past=20 environments. The proposed action includes direction to create=20 additional opportunities for heritage resource interpretation. Revision Theme 3--Providing Outstanding and Environmentally Friendly=20 Outdoor Recreation Opportunities, With Excellent Trails and Facilities Growth as a Tourist Destination The Uwharrie is the top tourist destination in Montgomery County,=20 and one of several popular tourist destinations in Randolph County.=20 There may be tourism related opportunities to provide more economic=20 benefits to local communities. The proposed action includes direction=20 to provide well-maintained tourism-related infrastructure that would=20 continue to attract visitors. Nature Hikes and Day Use More Popular Many visitors to the Uwharrie seek a place to walk, view nature,=20 and perhaps picnic, swim, or fish. The Forest, with its lake and river=20 frontage, rolling topography, and facilities, is currently [[Page 11510]] providing a variety of these desired opportunities. These opportunities=20 can help support the health and well-being of the populations of forest=20 visitors. The proposed action emphasizes the Uwharrie National=20 Recreation Trail, Badin Lake Recreation Area, the many trail systems,=20 and the Uwharrie River. Forest Roads and Trails in Need of Improvement There may be opportunities to improve the existing Forest road and=20 trail system, to enhance public access while minimizing visitor=20 conflicts and resource damage. The proposed action focuses considerable=20 attention on the trail systems, and includes a desire for moving=20 equestrian and mountain bike use to a designated trail system. OHVs are=20 already limited to a designated system. Providing Visitor Information The proposed action places more emphasis on visitor information=20 that could increase visitor enjoyment and be a useful tool in=20 controlling visitor impacts. D. Public Involvement on the Proposed Action Extensive public involvement and collaboration on revising the=20 Uwharrie's Forest Plan has already occurred. Discussions with the=20 public regarding needed changes to the current forest plan began with a=20 series of public meetings in 2005 and 2006. This input, along with=20 science-based evaluations, was used to determine a need for change and=20 a proposed plan. Correspondence, news releases, comment periods, and=20 other tools were used to gather feedback from the public, forest=20 employees, tribal governments, federal and state agencies, and local=20 governments. A Proposed Land Management Plan for the Uwharrie National=20 Forest was issued for a 90-day public comment period beginning February=20 15, 2007. Before the end of that comment period, the 2005 Forest=20 Service planning rule was enjoined by federal court. Preparation of the=20 revised plan was halted at that time. A new planning rule was=20 implemented on April 21, 2008 allowing the planning process to be=20 resumed. A second Proposed Land Management Plan for the Uwharrie=20 National Forest was then issued for a 90-day comment period on February=20 23, 2009, following the direction of the 2008 Planning Rule. The 2008=20 planning rule was also enjoined by a federal court. The planning=20 process for revising the Uwharrie's Forest Plan is now moving forward=20 using the requirements of the 1982 planning rule (see the discussion=20 below for more information on the sequence of events and the=20 determination that the Uwharrie National Forest can continue the=20 planning process using the provisions of the 1982 planning rule). The=20 Forest Service is now soliciting comments on a new proposal to revise=20 the Uwharrie National Forest Land and Resource Management Plan. This=20 proposal reflects the work that has previously been accomplished and=20 adjusted to meet the requirements of the 1982 rule. A copy of the=20 proposal can be found on the Web site described at the end of this=20 notice. E. Issues and Preliminary Alternatives Information gathered during this comment period, as well as other=20 feedback, will be used to prepare the draft EIS. At this time, the=20 Uwharrie National Forest is seeking input on the proposed action. From=20 these comments the Forest Service will identify issues that will serve=20 as a focus for developing alternatives to be analyzed in the EIS. F. Scoping Process Comments on the need for change, issues, proposed action, and=20 preliminary alternatives will be most valuable if received by May 7,=20 2010 and should clearly articulate the reviewer's concerns. Comments=20 received in response to this solicitation, including the names and=20 addresses of those who comment, will be part of the public record. The=20 submission of timely and specific comments can affect a reviewer's=20 ability to participate in any subsequent administrative or judicial=20 review. At this time, we anticipate using a pre-decisional objection=20 process for administrative review. Comments submitted anonymously will=20 be accepted and considered. G. Applicable Planning Rule Preparation of the revised forest plan for the Uwharrie National=20 Forest originally began with the publication of a Notice of Initiation=20 in the Federal Register on November 18, 2005 [70 FR 69931] and was=20 initiated under the planning procedures contained in the 2005 Forest=20 Service planning rule (36 CFR 219 (2005)). On March 30, 2007, the=20 United States District Court for the Northern District of California=20 enjoined the Forest Service from implementing the 2005 planning rule=20 and the revision of the Uwharrie's Forest Plan under the 2005 rule was=20 suspended in response to that injunction. On April 21, 2008, the Forest=20 Service adopted a new planning rule that allowed resumption of the=20 revision process if it conformed to the new planning rule (36 CFR=20 219.14(b)(3)(ii) (2008)). On February 25, 2009, a Notice of Adjustment=20 for Resuming the land management revision process and Notice of=20 Commencement of a 90-day comment period for the Uwharrie National=20 Forest Proposed Land Management Plan was published in the Federal=20 Register [74 FR 8500]. Then on June 30, 2009, the 2008 planning rule=20 was enjoined by the United States District Court for the Northern=20 District of California (Citizens for Better Forestry v. United States=20 Department of Agriculture, No. C 08-1927 CW (N.D. Cal. June 30, 2009))=20 and the revision of the Uwharrie's Forest Plan was again suspended. The=20 Department of Agriculture has determined that the 2000 planning rule is=20 now back in effect. The 2000 planning rule's transition provisions (36=20 CFR 219.35), amended in 2002 and 2003, clarified by interpretative=20 rules issued in 2001 and 2004, and reissued on December 18, 2009 [74 FR=20 67059-67075], allow use of the provisions of the planning rule in=20 effect prior to the effective date of the 2000 Rule (November 9, 2000),=20 commonly called the 1982 planning rule, to amend or revise forest=20 plans. The Uwharrie National Forest has elected to use the provisions=20 of the 1982 planning rule, including the requirement to prepare an ElS,=20 to complete its forest plan revision. H. Other Prior Plan Revision Efforts Although the 2008 planning rule is no longer in effect, the=20 information gathered from public collaboration efforts and most of the=20 analysis conducted prior to the court's injunction in June 2009 is=20 still useful for completing the plan revision using the provisions of=20 the 1982 planning regulations. [cir] Under the 2005 and 2008 planning rules, a Comprehensive=20 Evaluation Report (CER) was completed that formed the basis for the=20 need to change and the proposed plan that was available for public=20 comment in 2007 and 2009. This analysis has been updated with=20 additional information to meet the requirements of the Analysis of=20 Management Situation (AMS) provisions of the 1982 planning rule. The=20 information from this Draft Analysis of the Management Situation report=20 was then used to update the proposed action. As the planning process=20 continues, comments received during the scoping process, plus any new=20 information or areas identified as needing to be changed, will be used=20 to supplement the AMS documents. Other AMS requirements will also=20 continue to be worked on as the planning process proceeds. [[Page 11511]] [cir] Information on the life history, threats, habitat needs and=20 population trends of a number of terrestrial and aquatic species=20 contained in the forest planning records for ecosystem and species=20 diversity assessments will continue to be used as a reference in the=20 planning process as appropriate to meet the requirements of the 1982=20 planning rule. This is scientific information and is not affected by=20 the change of the planning rule. This information will be updated with=20 any new available information. [cir] Public comments previously submitted in writing, or recorded=20 at past public meetings, related to the revision of the Uwharrie's=20 Forest Plan since 2005 will be used to help identify issues and=20 concerns and to help develop alternatives to address these issues and=20 concerns. I. Documents Available for Review The proposed action, background reports, assessments, datasets, and=20 public comments are posted on the Forest's Web site at: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from= =3DleavingFR.html&log=3Dlinklog&to=3Dhttp://www.cs.unca.edu/nfsnc= /uwharrie_plan/index.htm. As necessary or=20 appropriate, this material will be further adjusted as part of the=20 planning process using the provisions of the 1982 planning rule. (Authority: 16 U.S.C. 1600-1614; 36 CFR 219.35 [74 FR 67073-67074]). Dated March 3, 2010. Marisue Hilliard, Forest Supervisor. [FR Doc. 2010-5101 Filed 3-10-10; 8:45 am] BILLING CODE 3410-ES-M