Suitability Study of Snowbird Creek for Inclusion in the National Wild and Scenic Rivers System; Nantahala National Forest (National Forests in North Carolina), Graham County, NC

SUMMARY: The Forest Service will prepare a draft and final

environmental impact statement (EIS) to evaluate the environmental

impacts of including suitable segments of Snowbird Creek, 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 Snowbird Creek 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 Snowbird Creek 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 Snowbird Creek 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 1991. 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 study and EIS will consider Snowbird Creek in its entirety,

from its headwaters to the backwaters of Santeetlah Lake, for a total

of 20.2 miles. The area of consideration is a corridor a minimum of \1/

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

segment. This corridor includes both public and private lands.

Significant issues identified during initial scoping include the

effects of designation on private lands, the need to protect the free-

flowing condition and resource values of the river, and general

opposition to any type of federal designation.

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 Snowbird Creek (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 and

individual letters were distributed to government agencies,

organizations, landowners along the rivers and individuals assumed to

be interested in this action. 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, S.W.,

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 January 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 January 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. vs. 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 vs. Hodel, 803F.2d 1016, 1022 (9th Cir. 1986)

and Wisconsin Heritages, Inc. vs. 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 July 1995.

The Secretary of Agriculture will consider comments, responses, and

environmental consequences discussed in the final environmental impact

statement and applicable laws, regulations, and policies 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. 94-20268 Filed 8-17-94; 8:45 am]

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