Bosworth Forest Health Multi-Resource Project Pacific Ranger District, Eldorado National Forest; Notice of Intent

Federal RegisterSep 9, 1994

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DEPARTMENT OF AGRICULTURE

Forest Service

Bosworth Forest Health Multi-Resource Project Pacific Ranger

District, Eldorado National Forest; Notice of Intent

agency: Forest Service, USDA.

action: Correction to notice of intent to prepare an environmental

impact statement.

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summary: On July 14, 1994, a Notice of Intent appeared in the Federal

Register for the Bosworth Forest Health Multi-Resource Project. This

document changes the date by which comments concerning the scope of the

analysis are due from August 1, 1994 to October 15, 1994.

The Forest Service will prepare an environmental impact statement

(EIS) for resource management activities, including biomass removal,

timber harvest, fuelbreak construction, and wildlife habitat

improvement work on the Bosworth Forest Health Multi-resource Project,

involving a total planning area size of about 3,500 acres on the

Pacific Ranger District of the Eldorado National Forest. The agency

invites written comments and suggestions on the scope of the analysis.

The agency also gives notice of the full environmental analysis and

decision-making process that will occur on the proposal so that

interested and affected people are aware of how they may participate

and contribute to the final decision.

dates: Comments concerning the scope of the analysis must be received

by October 15, 1994.

addresses: Submit written comments and suggestions concerning the scope

of the analysis to Don Errington, District Timber Officer, Pacific

Ranger Station, Pollock Pines, California, 95726.

for further information contact: Questions about the proposed action

and EIS should be directed to Don Errington, District Timber Officer,

Pacific Ranger Station, Pollock Pines, California 95726, phone 916-644-

2349.

supplementary information: The Eldorado National Forest Land and

Resource Management Plan was completed in January 1989. The Bosworth

Forest Health Multi-resource Project EIS will tier to the Eldorado

National Forest Land and Resource Management Plan. Most of the land in

the analysis area is identified in the Plan as having a general

management direction of timber management.

There are no known permits or licenses required to implement the

proposed action.

In preparing the EIS, the Forest Service will identify and consider

a range of alternatives for this project. The following tentative

alternative themes have been identified thus far:

1. No Action

2. Forest Health--Timber product, including biomass, management

emphasis

3. Forest Health--Wildlife management emphasis

4. Forest Health--Fuels management emphasis

5. Forest Health--Multiple use management emphasis

These alternatives will include varying levels and distribution of

vegetation manipulation, timber harvest, and fuels management. Minor

new specified road construction is anticipated. Road reconstruction

needs will include drainage work, clearing, and minor realignment. The

amount of road reconstruction necessary for this project will vary

between alternatives. Harvest prescriptions will include understory

removal of both merchantable and sub-merchantable trees, commercial

thinning, and fuelbreak construction guidelines. All harvest

prescriptions will conform with the California Spotted Owl Sierran

Province Guidelines. Adaptive management strategies for the California

Spotted Owl may be included under certain alternatives where benefits

to the spotted owl will be realized, that is, wildlife habitat

activities or fuels management activities that are designed to better

maintain future management options for the spotted owl by improving or

retaining stand components most at risk.

Volume estimates of timber to be harvested range from 0 to 10 mmbf

of commercial sawtimber. Biomass estimates range from 0 to 30,000 tons.

These estimates vary, depending on the alternative.

Preliminary issues that have been identified during the internal

scoping process include:

1. The potential for cumulative watershed effects within the project

area

2. The selection and application of adaptive management strategies to

best achieve the habitat needs of the spotted owl

Public participation will be especially important at several points

during the analysis. The first point is during the scoping process (40

CFR 1501.7).

The Forest Service will be seeking information, comments, and

assistance from federal, state, and local agencies and other

individuals or organizations who may be interested in or affected by

the proposed project. This input will be used in preparation of the

draft EIS. The scoping process includes:

1. Defining the scope of the analysis and nature of the decision to

be made.

2. Identifying the issues and determining the significant issues

for consideration and analysis within the EIS.

3. Defining the proper interdisciplinary team make-up.

4. Determining the effective use of time and money in conducting

the analysis.

5. Identifying potential environmental, technical, and social

impacts of the proposed action and alternatives.

6. Determining potential cooperating agencies.

7. Identifying groups or individuals interested or affected by the

decision.

John Phipps, Forest Supervisor, Eldorado National Forest, is the

responsible official.

The draft EIS is expected to be filed with the Environmental

Protection Agency (EPA) and to be available for public review by

January, 1995. At that time, EPA will publish a notice of availability

of the draft EIS in the Federal Register. The comment period on the

draft EIS will be 45 days from the date EPA's notice of availability

appears 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. First, reviewers of

draft environmental impact statements must structure their

participation in the environmental review of the proposal so that it is

meaningful and alerts an agency to the reviewers' 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 EIS stage, but that are not raised until after completion of the

final EIS 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 EIS.

To assist the Forest Service in identifying and considering issues

and concerns on the proposed action, comments on the draft EIS should

be as specific as possible. It is also helpful if comments refer to

specific pages or chapters of the draft statement. Comments may also

address the adequacy of the draft EIS 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 of the National Environmental Policy Act at

40 CFR 1503.3 in addressing these points.

After the comment period ends on the draft EIS, the comments will

be analyzed and considered by the Forest Service in preparing the final

EIS. The final EIS is scheduled to be completed by April 1995. In the

final EIS the Forest Service is required to respond to the comments and

responses received (40 CFR 1503.4). The responsible official will

consider the comments, responses, and environmental consequences

discussed in the draft EIS, and applicable laws, regulations, and

policies in making a decision regarding this project. The responsible

official will document the decision and reasons for the decision in the

Record of Decision. That decision will be subject to appeal under 36

CFR 215.

Dated: August 23, 1994.

Peggy O'Connell,

Acting Forest Supervisor, Eldorado National Forest.

[FR Doc. 94-22318 Filed 9-8-94; 8:45 am]

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