Suitability Study of East Fork Pigeon River for Inclusion in the National Wild and Scenic Rivers System; Pisgah National Forest (National Forests in North Carolina), Haywood County, NC

DEPARTMENT OF AGRICULTURE

Suitability Study of East Fork Pigeon River for Inclusion in the

National Wild and Scenic Rivers System; Pisgah National Forest

(National Forests in North Carolina), Haywood County, NC

AGENCY: USDA, Forest Service.

ACTION: Notice of Intent to prepare an environmental impact statement.

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SUMMARY: The Forest Service will prepare a draft and final

environmental impact statement (EIS) to evaluate the environmental

impacts of including suitable segments of East Fork Pigeon River,

classified as wild, scenic, and/or recreational, in the National Wild

and Scenic Rivers System. The decision to recommend the nomination of

suitable river segments to the National Wild and Scenic Rivers System

rests with the Secretary of Agriculture. The Wild and Scenic Rivers Act

(PL 90-542) reserves to Congress the authority to include rivers in the

National Wild and Scenic Rivers System.

The agency invites written comments on the suitability of this

river for designation and on significant issues related to including it

in the National Wild and Scenic Rivers System. In addition, the agency

gives notice of the full environmental analysis and decision making

process that has been occurring on the proposal so that interested and

affected people are aware of how they may participate and contribute to

the final decision. The Supervisor of the National Forests in North

Carolina is responsible for the preparation of the EIS.

ADDRESSES: Send written comments to East Fork Pigeon River Wild and

Scenic River Study, c/o Randle Phillips, Forest Supervisor, P.O. Box

2750, Asheville, NC 28802.

FOR FURTHER INFORMATION CONTACT:

Melinda McWilliams, Wild and Scenic Rivers Study Team Leader, U.S.

Forest Service, P.O. Box 2750, Asheville, NC 28802, 704/257-4253.

SUPPLEMENTARY INFORMATION: In 1982, the Nationwide River Inventory

developed by the National Park Service, U.S. Department of Interior,

identified East Fork Pigeon River as a potential wild and scenic study

river. The 1987 Final Environmental Impact Statement (FEIS) for the

Land and Resource Management Plan for the Nantahala and Pisgah National

Forests determined East Fork to be eligible for designation, with

potential wild and recreational classifications for different segments.

(That information and additional findings will be documented in this

EIS). The river was determined to be potentially suitable for

designation pending further study. This follow-up study to the Forest

Plan FEIS was begun in 1990. The decision to be made in this river

study is whether or not the river is suitable for designation. If found

suitable, the decision to be made in the EIS is whether or not to

recommend all or portions of the suitable segments for designation and

inclusion in the National Wild and Scenic Rivers System. Based on the

final recommendation made by the Secretary of Agriculture, the Forest

Plan will be amended as appropriate.

The Environmental Impact Statement will consider the following

river segments:

East Fork Pigeon River...... Confluence of Dark Prong 4.0 miles

and Yellowstone Prong

downstream to first U.S.

Highway 276 crossing.

Dark Prong.................. Headwaters to East Fork.... 2.6 miles

Yellowstone Prong........... Headwaters to East Fork.... 3.2 miles

The area of consideration for each stream is a corridor a minimum

of \1/4\ mile from each stream bank for the entire length of the study

segment. These corridors include only public lands.

Significant issues identified during initial scoping include the

effects of designation on private lands and the need to protect the

free-flowing condition and resource values of these rivers.

A range of alternatives will be developed based on issues and

concerns raised during the study process. As a minimum, one alternative

will maintain current management with a recommendation of

nondesignation for East Fork, Dark Prong and Yellowstone Prong (the no

action alternative). Other potential alternatives include: 1. Recommend

designation for all eligible segments. 2. Recommend designation or

nondesignation for specific river segments based on identified issues.

The environmental impact statement will disclose the direct, indirect,

and cumulative effects of implementing each alternative.

Public participation is important at several points during the

analysis process. The first point was the scoping process (40 CFR

1501.7). The scoping process includes, but is not limited to: (1)

Identifying potential issues, (2) identifying issues to be analyzed in

depth, (3) eliminating insignificant issues or those that have been

covered by a relevant previous environmental analysis, (4) exploring

additional alternatives, and (5) identifying potential (direct,

indirect, and cumulative) environmental effects of the alternatives.

During the scoping process, the Forest Service sought information,

comments, and assistance from Federal, State, and local agencies and

individuals or organizations who may be interested in or affected by

the proposal. News releases were published in local newspapers;

individual letters were distributed to government agencies,

organizations, landowners along the rivers and individuals assumed to

be interested in this action; and a meeting was held in the local river

community. Informal contacts through phone calls and visits have also

occurred throughout the study. Additional mailings and media releases

will occur when the Draft EIS and Final EIS are completed and available

for public review.

The responsible official is Mike Espy, Secretary of Agriculture,

Administration Bldg., 12th Street and Jefferson Drive, SW., Washington,

DC 20250.

The Draft Environmental Impact Statement is expected to be filed

with the Environmental Protection Agency (EPA) and available for public

review by February 1995. The comment period on the draft environmental

impact statement will be 45 days from the date the EPA publishes the

Notice of Availability in the Federal Register.

The Forest Service believes, at this early stage, it is important

to give reviewers notice of several court rulings related to public

participation in the environmental review process. Upon release of the

draft environmental impact statement, projected for February 1995,

reviewers must structure their participation in the environmental

review of the proposal so that it is meaningful and alerts an agency to

the reviewer's position and contentions. Vermont Yankee Nuclear Power

Corp. v. NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections

that could be raised at the draft environmental impact statement stage,

but are not raised until after the completion of the final

environmental impact statement may be waived or dismissed by the

courts. City of Angoon v. Hodel, 803F.2d 1016, 1022 (9th Cir. 1986) and

Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis.

1980). Because of these court rulings, it is very important that those

interested in this proposal participate by the close of the 45 day

comment period so that substantive comments and objections are made

available to the Forest Service at a time when it can meaningfully

consider and respond to them in the Final Environmental Impact

Statement.

To assist the Forest Service in identifying and considering issues

and concerns on the proposed action, comments on the draft

environmental impact statement should be as specific as possible. It is

also helpful if comments refer to specific pages and chapters of the

draft statement. Comments may also address the adequacy of the draft

environmental impact statement or the merits of the alternatives

formulated and discussed in the statement. (Reviewers may wish to refer

to the Council on Environmental Quality Regulations for implementing

the procedural provisions at the National Environmental Policy Act at

40 CFR 1503.3 in addressing these points.).

After the comment period ends on the draft environmental impact

statement, the comments will be analyzed and considered by the Forest

Service in preparing the final environmental impact statement. The

final EIS is scheduled to be completed by August 1995.

The Secretary of Agriculture will consider comments, responses, and

environmental consequences discussed in the final environmental impact

statement and applicable laws, regulations, and polices in making his

recommendation to the President regarding the suitability of this river

for inclusion in the National Wild and Scenic Rivers System. The

decision on the inclusion of a river in the National Wild and Scenic

Rivers System rests with the United States Congress.

Dated: August 8, 1994.

Sterling J. Wilcox,

Acting Associate Deputy Chief, National Forest System.

[FR Doc. 94-20267 Filed 8-17-94; 8:45 am]

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