Supplement to Final Environmental Impact Statement for East Curlew Creek Area Timber Sales, Colville National Forest, Ferry County, WA

DEPARTMENT OF AGRICULTURE

Forest Service

Supplement to Final Environmental Impact Statement for East

Curlew Creek Area Timber Sales, Colville National Forest, Ferry County,

WA

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare a supplement to final environmental

impact statement.

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SUMMARY: The USDA, Forest Service, will prepare a Supplement to the

Final Environmental Impact Statement (EIS) for East Curlew Creek Area

Timber Sales. The final EIS and Record of Decision were released in

March 1994 (Notice of Availability date is March 25, 1994, 59 FR

14162). After a lighting storm in July 1994, a fire began in the Copper

Butte area. This fire burned over 133 acres of prepared timber sale

harvest units in the East Curlew Creek Area timber sales while damaging

or killing timber within a 10,670 acre area. The area damaged by fire

is partially within and adjacent to the original analysis area. This

significant new circumstance has dictated substantial changes that must

be reanalyzed as a supplement to the existing analysis.

ADDRESSES: Submit written comments and questions about this Supplement

to Republic Ranger District, Colville National Forest, 180 North

Jefferson, P.O. Box 468, Republic, Washington 99166, Phone: (509) 775-

3305.

FOR FURTHER INFORMATION CONTACT:

Pat Egan, Republic District Ranger, Colville National Forest.

SUPPLEMENTARY INFORMATION: The original decision was to have two timber

sales--Alec Timber Sale and Santim Timber Sale. The Alec Timber sale

was to harvest 3.8 million board feet (MMBF) of timber from

approximately 771 acres without any road construction. The Santim

Timber Sale was to harvest 4.2 MMBF of timber from approximately 754

acres while constructing 2.3 miles of road. The original analysis area

was approximately 29,600 acres and included a portion of the Profanity

Roadless Area which was considered, but not selected for Wilderness

designation.

On May 27, 1994, the Regional Forester signed a Decision Notice for

the Continuation of the Interim Management Direction Establishing

Riparian, Ecosystem and Wildlife Standards for Timber Sales (also known

as screening direction). These Interim Direction changes were made to

the East Curlew Area Timber Sales Record of Decision to conform to this

Interim Direction.

The July fire and Regional Interim Direction have resulted in new

circumstances and substantial changes to the original decision for East

Curlew Creek Area Timber Sales. The proposed action begin considered in

this Supplement is as follows: (1) A Copper Salvage Sale, which would

harvest approximately 5.0 MMBF from 750 acres with no road

construction, (2) Santim Timber Sale, which would harvest approximately

2.6 MMBF from 346 acres with no road construction; and (3) no change in

the Alec timber sale. No road construction is planned within the

Profanity Roadless Area. The draft Supplement will be tiered to the

final EIS for the Colville National Forest Land and Resource Management

Plan (December, 1988).

The Supplement will be prepared, circulated and filed in the same

fashion (exclusive of scoping), as a draft and final environmental

statement (40 CFR 1502.9). The draft Supplement is expected to be filed

in January 1995 and available for public comment and review.

The comment period on the draft Supplement to the final EIS will be

45 days from the date the Environmental Protection Agency's notice of

availability appears in the Federal Register.

The Forest Service believes it is important to give reviewers

notice at this early stage of several court rulings related to public

participation in the environmental review process. First, reviewers of

a draft Supplement to final EIS 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, 533 (1978). Also,

environmental objections that could be raised at the draft Supplement

stage but that are not raised until after completion of the final

Supplement may be waived or dismissed by the courts. City of Angoon v.

Hodel, 803 F.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

proposed action 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 them and

respond to them in the final Supplement to the final EIS.

To assist the Forest Service in identifying and considering issues

and concerns on the proposed action, comments on the draft Supplement

to the final EIS should be as specific as possible. It is also helpful

if comments refer to specific pages or chapters of the draft

Supplement, comments may also address the adequacy of the draft

Supplement to the final EIS or the merits of the alternatives

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

to the Council on Environmental Quality Regulations for implementing

the procedural provisions of the National Environment Policy Act at 40

CFR 1503.3 in addressing these points.)

After the 45 day comment period ends on the draft Supplement to the

final EIS, the comments will be analyzed and considered by the Forest

Service in preparing the final Supplement to the final EIS. The final

Supplement is scheduled to be completed by March 1995. In the final

Supplement to the Final EIS, the Forest Service is required to respond

to the comments received (40 CFR 1503.4). Edward L. Schultz, Forest

Supervisor, Responsible Official will consider the comments, responses,

environmental consequences discussed in the Supplement to the EIS and

applicable laws, regulations, and policies in making a decision

regarding this proposal. The Responsible Official will document the

decision and reasons for the decision in the Record of Decision. That

decision will be subject to review under 36 CFR 215.

Dated: August 24, 1994.

Edward L. Schultz,

Forest Supervisor.

[FR Doc. 94-21868 Filed 9-2-94; 8:45 am]

BILLING CODE 3410-11-M