# Little Wolf Fire Recovery; Kootenai National Forest, Lincoln County, Montana > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A95-4344 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** February 23, 1995 - **Citation:** 60 FR 10058 ## Text SUMMARY: The Little Wolf Fire burned over 15,000 acres of Kootenai National Forest System lands, Flathead National Forest System lands and Plum Creek Timber Company lands in August of 1994. The Forest intends to prepare an Environmental Impact Statement (EIS) to assess and disclose the environmental effects of opportunities designed to recover economic value of burned timber, reduce fuel accumulations, reforest unstocked lands, rehabilitate existing sediment sources, improve hydrologic conditions in affected watersheds, and protect long-term soil productivity. These objectives would be accomplished through salvage harvest of fire-killed timber; reforestation of severely burned areas; fuels reduction in harvested and unharvested areas; drainage improvement and revegetation of road surface, cuts and fill slopes on existing roads; providing for immediate and long-term recruitment of instream large woody material; and revegetation in riparian areas within the Little Wolf decision area. The Little Wolf decision area is located approximately 35 air miles southeast of Libby, Montana. The proposal's actions to salvage fire-killed trees, reduce fuels, reforest burned areas, construct temporary roads, restore drainage and vegetation on existing road surface, cuts and fill slopes, restrict road access and implement watershed recovery projects are being considered together because they represent either connected or cumulative actions as defined by the Council on Environmental Quality (40 CFR 1508.25). The EIS will tier to the Kootenai National Forest Land and Resource Management Plan and Final EIS of September 1987, which provides overall guidance for achieving the desired future condition of the area. DATES: Written comments and suggestions should be received on or before March 27, 1995. ADDRESSES: The Responsible Official is Robert L. Schrenk, Forest Supervisor, Kootenai National Forest. Written comments and suggestions concerning the scope of the analysis should be sent to Lawrence A. Froberg, District Ranger, Libby Ranger District, 12557 US Highway 37, Libby, Montana, 59923. FOR FURTHER INFORMATION CONTACT: Jeff Scussel, Planning Staff, Libby Ranger District. Phone: (406) 293- 7773. SUPPLEMENTARY INFORMATION: During the night of August 14-15, 1994, a lightning storm started 207 fires on the Kootenai National Forest in northwest Montana. Several fires ranging in size from less than one acre to almost 5000 acres occurred on the Libby Ranger District. The Little Wolf Fire Recovery EIS is being prepared in response to conditions resulting from the 4700 acres of the Little Wolf Fire that is within the Kootenai National Forest. An interdisciplinary team is using an ecosystem based approach to assess the fire affects and identify management opportunities that could be implemented to move the postfire landscapes toward a desired ecological condition. Burn intensities on National Forest System lands in the Little Wolf Fire were mostly stand replacing. Within the fire perimeter on the Libby Ranger District, approximately 1848 acres burned at high intensity (average 90% to 95% tree mortality), 845 burned at moderate intensity (average 70% to 75% mortality), and 237 acres burned at low intensity (average 30% mortality). The fires burned in the upper end of the Little Wolf Creek drainage. The Little Wolf decision area contains approximately 4700 acres within the Kootenai National Forest in Lincoln County, Montana. All of the proposed projects are located in the Little Wolf drainage. The legal location of the decision area is as follows: Sections 7, 8, 17 and 18, of Township 29 North, Range 25 West; Sections 1, 2, 3, 10, 11, 12, 13, and 14 of Township 29 North, Range 26 West; and Sections 34, 35 and 36 of Township 30 North, Range 26 West; Principle Montana Meridian. The land in and adjacent to the decision area is within federal ownership under the jurisdiction of the Forest Service or Plum Creek Timber Company lands. Proposed Action: The purposes of the project are to recover valuable timber products from trees burned by wildfires that occurred in 1994 (while maintaining ecological processes); to enhance watershed recovery: and improve big game and grey wolf security habitat as timely as possible and to reduce fuel loading. The Forest Service proposes to harvest approximately 7 million board feet or timber by salvaging fire- killed timber and imminently dead trees on approximately 841 acres of forest land outside riparian protection areas. Only trees that were killed, or are expected to die as a result of the fire, would be harvested. The proposal includes prescribed burning of about 42 acres, excavator piling on 160 acres of harvested areas to reduce natural and activity fuels and an additional 20 acres of grapple piling in unharvested areas to reduce natural fuels. An estimated 685 acres of proposed salvage units would be planted with conifer seedlings to help meet desired conditions for species diversity and 80 acres of annual rye and native shrubs would be planted in riparian areas for watershed restoration. The Forest Service proposal also includes approximately 1.8 miles of temporary road construction, of which 1.2 miles would be constructed using low impact snow road construction and would be completely rehabilitated and recontoured. The remaining .6 miles of temporary road would be ripped and seeded. Drainage improvement activities (such as surface ripping, drainage structure improvement, and seeding) would be implemented on all roads within National Forest System lands, (approximately 7 miles), with the intent of restoring natural drainage and reducing sediment. These roads will be needed for future management access, and would remain a part of the permanent transportation system. Additional road access restrictions in cooperation with Plum Creek Timber Company are proposed to provide adequate security areas for big game and grey wolf. Additional projects to improve watershed recovery, reforestation of severely burned areas not proposed for salvage, fuel reduction [[Page 10059]] in areas not proposed for salvage, and repair of damaged hiking trails would be accomplished if adequate funds are available. Due to the high level of tree mortality in proposed harvest units, most harvested area would retain green tree numbers similar to clearcut with reserves or seed-tree silvicultural methods. Although the numbers would be similar, the green tree retention would not be evenly distributed but would be in islands, stringers or groups where they exist. Only those live trees which must be cut to facilitate logging fire-killed trees would be harvested. In addition to the live trees that would be retained, a minimum of 3-5 high quality, large diameter snags per acre would be retained in all harvested areas if available. Timber harvest would be done by skyline, cable, or winter tractor, and designed to result in minimal ground disturbance, risk of erosion, and compaction. The Kootenai National Forest Land and Resource Management Plan provides overall management objectives in individual delineated management areas (MA's). The decision area contains three MA's: 12, 13, and 18. Briefly described, MA 12 is managed to maintain or enhance the summer-ranger habitat effectiveness for big-game species and produce a programmed yield of timber. MA 13 is managed to provide the special habitat necessary for old growth dependent wildlife. MA 18 is managed to protect existing vegetation as establishing coniferous regeneration is determined to be difficult. Timber salvage and fuels reduction is proposed in MA 12 and MA 18. Preliminary Issues: Several preliminary issues of concern have been identified by the Forest Service. These issues are briefly described below: Water quality--Streams in the decision area have been impacted by past management and the Little Wolf Fire. How would the proposed action affect water yield, sediment production, stream stability, and recovery from past impacts? Timber Supply--An estimated 16 million board feet of timber on National Forest System lands was killed in the Little Wolf Fire. Much of this fire-killed timber will quickly lose its commercial value due to rapid deterioration. To what extent does the proposed action recover the commercial value of fire-killed timber to help meet local and national needs? Grey Wolf--The decision area lies within grey wolf habitat. How would the proposal maintain and enhance grey wolf habitat, and contribute to recovery efforts? Old Growth--An estimated 240 acres of designated old growth was destroyed by intense, stand replacing wildfire. What options are available to manage for suitable levels of old growth habitat in the decision area? Fisheries--Little Wolf contains fisheries habitat and resident fish populations, including Eastern Brook trout, Rainbow trout, Redside Shiner and an undetermined species of sculpin. How would the proposed action affect fisheries habitat and populations? Forest Plan Amendment: The Kootenai National Forest Land and Resource Management Plan has specific management direction for the Little Wolf decision area. The Little Wolf proposed action is designed to maintain or improve resource conditions and move towards achieving desired ecological conditions, and is consistent with the goals and objectives of the Forest Plan. Prior to making a NEPA decision, a thorough examination of all standards and guidelines of the Forest Plan would be completed and, if necessary, plan exceptions or amendments would be addressed in the EIS. Decisions To Be Made: The Kootenai National Forest Supervisor will decide the following: Should dead and imminently dead trees within fire areas be harvested and if so how and where, What amount, type, and distribution of watershed restoration projects, including road restoration, would be implemented, what burned areas need to be replanted, what areas need fuel reduction treatment, how and where will replacement old growth be designated, what road access restrictions would be implemented to provide security for big game and the grey wolf, and if Forest Plan exception or amendments are necessary to proceed with the Proposed Action within the decision area. Public Involvement and Scoping: An open house will be scheduled in March to provide an opportunity for the public to review the proposed action. Consultation with appropriate State and Federal agencies has been initiated. Preliminary effects analysis indicated that the wildfires may significantly affect the quality of the human environment, and fire recovery activities have the potential to both intensify and reduce effects. These potential effects prompted the decision to prepare an EIS for the Little Wolf Fire Recovery. This environmental analysis and decision making process will enable additional interested and affected people to participate and contribute to the final decision. Public participation will be requested at several points during the analysis. The Forest Service will be seeking information, comments, and assistance from Federal, State, local agencies, and other individuals or organizations who may be interested in or affected by the proposed projects. This input will be used in preparation of the draft and final EIS. The scoping process will include: Identifying potential issues. Identifying major issues to be analyzed in depth. Exploring additional alternatives which will be derived from issues recognized during scoping activities. Identifying potential environmental effects of this project and alternatives (i.e. direct, indirect, and cumulative effects and connected actions). The analysis will consider a range of alternatives, including the proposed action, no action, and other reasonable action alternatives. Estimated Dates for Filing: The draft Little Wolf Fire Recovery EIS is expected to be filed with the Environmental Protection Agency (EPA) and to be available for public review by June, 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 the EPA publishes the Notice of Availability in the Federal Register. The final EIS is scheduled to be completed by September, 1995. In the final EIS, the Forest Service is required to respond to comments and responses received during the comment period that pertain to the environmental consequences discussed in the draft EIS and applicable laws, regulations, and policies considered in making a decision regarding the proposal. Reviewer's Obligations: 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 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 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). [[Page 10060]] 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 and respond to them in the final EIS. To be most helpful, comments on the draft EIS should be as specific as possible and may address the adequacy of the statement or the merit of the alternatives discussed. 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. Responsible Official: Robert L. Schrenk, Forest Supervisor, Kootenai National Forest, 506 US Highway 2 West, Libby, MT 59923 is the Responsible Official. I have delegated the responsibility to prepare the Little Wolf Fire Salvage and Restoration Environmental Impact Statement to Lawrence A. Frobert, District Ranger, Libby Ranger District. As the Responsible Official I will decide which, if any, of the proposed projects will be implemented. I will document the decision and reasons for the decision in the Record of Decision. That decision will be subject to Forest Service Appeal Regulations. Dated: February 13, 1995. Robert L. Schrenk, Forest Supervisor, [FR Doc. 95-4344 Filed 2-22-95; 8:45 am] BILLING CODE 3410-11-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-4344. Public record. Not legal advice.