[Federal Register: January 8, 2010 (Volume 75, Number = 5)] [Notices] =20 [Page 1026-1027] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr08ja10-12] =20 ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Forest Service =20 Lower Orogrande Project, Clearwater National Forest, Clearwater=20 County, ID AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare an environmental impact statement. ----------------------------------------------------------------------- SUMMARY: The USDA, Forest Service, will prepare an Environmental Impact=20 Statement (EIS) to disclose the environmental effects of improvements=20 on watershed, vegetation, and wildlife habitat in the Lower Orogrande=20 project area on the North Fork Ranger District of the Clearwater=20 National Forest. The Lower Orogrande project area is located entirely=20 within the Orogrande Creek watershed, which contains the Tamarack=20 Creek, Jazz Creek, and Pine Creek sub watersheds as part of the=20 headwaters of the North Fork Clearwater River Subbasin. DATES: Comments on this project must be received, in writing, within 30=20 days following the publication of this notice in the Federal Register.=20 A 45-day public comment period will follow the release of the draft=20 environmental impact statement that is expected in October 2010. The=20 final environmental impact statement is expected in May 2011. ADDRESSES: Written comments and suggestions concerning the scope of=20 this project should be sent to Douglas Gober (dgober@fs.fed.us),=20 District Ranger, North Fork Ranger District, 12730 Highway 12, Orofino,=20 ID 83844. FOR FURTHER INFORMATION CONTACT: George Harbaugh (gharbaugh@fs.fed.us),=20 Project Leader, Lochsa Ranger District. Phone: (208) 935-4260. SUPPLEMENTARY INFORMATION: The Lower Orogrande project area contains=20 approximately 21,560 acres of National Forest lands. The legal location=20 is mostly in portions of Townships 37 and 38 North and Ranges 7 and 8=20 East, Boise Meridian, Clearwater County, Idaho. The proposed actions=20 would occur on National Forest lands and are all outside [[Page 1027]] the boundaries of any inventoried roadless area or any areas considered=20 for inclusion to the National Wilderness System as recommended by the=20 Clearwater National Forest Plan or by any past of present legislative=20 wilderness proposals. Purpose and Need for Action is to: (1) Reduce stream sediment (i.e.=20 reduce road densities and control erosion sources on roads to be=20 retained, especially in RHCAs) and remove barriers to fish passage and=20 other aquatic organisms to allow for unrestricted access to historic=20 habitats; (2) restore white pine and larch (regeneration harvest),=20 improve stand vigor (commercial thinning), and start the trend to=20 improve species diversity and balance vegetative successional stages=20 across the landscape to create stand conditions that are resilient and=20 allow for rapid recovery after disturbances; and (3) promote a trend in=20 the balance of successional stages toward the historical range and=20 promote a trend towards increased wildlife security. The Proposed Action would address improvements to the area's=20 watershed, vegetation, and wildlife habitat. Watershed improvements=20 include: (1) Decommissioning 6 miles of system roads and 65 miles of=20 non-system roads; (2) improving and/or reconstructing up to 5 miles of=20 existing roads to fix erosion problems; and (3) replacing 40 undersized=20 culverts. Up to 30 miles of existing roads would need improvement or=20 reconstruction, up to 60 miles of existing roads would need=20 reconditioning; all for logging access. No new road construction is=20 anticipated at this time. Opportunities for precommercial thinning will=20 be identified later in the process. Improvements to wildlife habitat would include (1) conducting=20 vegetation treatments to promote better successional stage balance.=20 This action would correspond directly to the proposed commercial=20 thinning and regeneration harvest activities; (2) restricting road=20 access (closed to all vehicles year round) on 14.5 miles of existing=20 roads to improve elk security. Proposed access restrictions are a=20 result of a Road and Trail Analysis being completed for this project;=20 and (3) designating additional stands for management as mature and old=20 growth forest habitats. Possible Alternatives the Forest Service will analyze include a=20 ``no action'' alternative in which none of the proposed activities=20 would be implemented. Additional alternatives that meet the project=20 purpose and need may be considered in response to issues raised by the=20 public during scoping. The Responsible Official is the Forest Supervisor of the Clearwater=20 National Forest, 12730 Highway 12, Orofino, ID 83544. The Responsible=20 Official will decide if the proposed project will be implemented and=20 will document the decision and reasons for the decision in a Record of=20 Decision. That decision will be subject to Forest Service Appeal=20 Regulations. The responsibility for preparing the DEIS and FEIS has=20 been delegated to Douglas Gober, District Ranger, North Fork Ranger=20 District, 12730 Highway 12, Orofino, ID 83844. The Scoping Process for the EIS is being intiated with this notice,=20 and written comments regarding the analysis should be received within=20 30 days following the publication of this notice in the Federal=20 Register. Additional scoping will follow the release of the DEIS,=20 expected in October 2010. Preliminary Issues identified that could be affected by proposed=20 activities include: Air quality, economic feasibility, fish habitat,=20 heritage resources, old growth habitat, soil productivity, spread of=20 noxious weeds, threatened/endangered/sensitive and management indicator=20 species of wildlife and plants, tribal treaty rights, water quality,=20 and wildlife habitat. Early Notice of Importance of Public Participation in Subsequent=20 Environmental Review: A draft environmental impact statement will be=20 prepared for comment. The comment period on the draft environmental=20 impact statement will be 45 days from the date the Clearwater National=20 Forest publishes a legal notice in the Lewiston Morning Tribune=20 (Lewiston, Idaho), the Forest's paper of record. A notice of=20 availability will also be published 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 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 at the=20 draft environmental impact statement stage but that 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 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490=20 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings,=20 it is very important that those interested in this proposed action=20 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 on 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 statement. Comments may also address the adequacy of the draft=20 environmental impact statement 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 received, including the names and addresses of those who=20 comment, will be considered part of the public record on this proposal=20 and will be available for public inspection. (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook=20 1909.15, Section 21) Dated: January 4, 2010. Rick Brazell, Forest Supervisor. [FR Doc. 2010-109 Filed 1-7-10; 8:45 am] BILLING CODE 3410-11-P