# Deadman Creek Timber Sales, Colville National Forest, Ferry County, WA > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A96-28895 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** November 12, 1996 - **Citation:** 61 FR 58029 ## Text SUMMARY: The Forest Service, USDA, will prepare an environmental impact statement (EIS) on a proposal to harvest and regenerate timber for twenty million board feet on one or more timber sales and to construct and reconstruct roads in the Deadman Creek area. The Proposed Action will be in compliance with the 1988 Colville National Forest Land and Resource Management Plan (Forest Plan) as amended, which provides the overall guidance for management of this area. The Proposed Action is within portions of the Deadman Creek watershed on the Kettle Falls Ranger District and scheduled for implementation in fiscal year 1999. The Colville National Forest invites written comments and suggestions on the scope of the analysis. The agency will give notice of the full environmental analysis and decision making process so interested and affected people may be able to participate and contribute in the final decision. DATES: Comments concerning the scope of the analysis should be received in writing by December 15, 1996. ADDRESSES: Send written comments and suggestions concerning the management of this area to Meredith Webster, District Ranger, 255 West 11th, Kettle Falls, Washington 99141. FOR FURTHER INFORMATION CONTACT: Questions about the Proposed Action and EIS should be directed to Meredith Webster, District Ranger or to Mike Porter, Planner, 255 West 11th, Kettle Falls, Washington 99141 (phone: 509-738-6111). SUPPLEMENTARY INFORMATION: The Proposed Action includes harvesting timber and constructing roads through one or more timber sales. The timber sales would be located approximately seven miles north of Washington State Highway 20 and nine miles west of Washington State Highway 395. The proposed sales would harvest approximately twenty million board feet on about 4000 acres through commercial thinning, individual tree selection, partial overstory removal and shelterwood harvest methods. Twenty-eight (28) miles of new road would be constructed. The Deadman Creek timber sales are proposed within the Deadman Creek watershed on the Kettle Falls Ranger District. This analysis will evaluate a range of alternatives for implementation of the timber sales. The area being analyzed is approximately 40,800 acres. The Proposed Action includes portions of the Twin Sister Inventoried Roadless Area and the Hoodoo Inventoried Roadless Area which were considered but not selected for Wilderness designation. The Draft EIS will be tiered to the Forest Plan. The Forest Plan's Management Area direction for this analysis area is approximately 51 percent Wood/Forage Emphasis (Management Area 7), 10 percent Semi- Primitive Non-Motorized Recreation (Management Area 11), 8 percent Scenic/Timber (Management Area 5), and lesser amounts of Winter Range (Management Area 8), Semi-Primitive Motorized Recreation (Management Area 10), Old Growth Dependent Species Habitat (Management Area 1), Recreation (Management Area 3A), and Scenic/Winter Range (Management Area 6). There is also 11 percent in other ownership within the analysis area. No harvest and no road construction will be proposed within the Semi-Primitive Motorized Recreation areas or the Semi-Primitive, Non- Motorized Recreation areas. The other ownership areas are included only for analysis of effects. Preliminary issues identified include: 1. Timber harvest and road construction within Forest Plan Inventoried Roadless areas and other unroaded areas greater than 1000 acres; 2. Creation of Lynx foraging habitat may conflict with Historic Range of Variability direction found in Eastside Screens Forest Plan amendment; 3. Forest Health is a concern due to overstocked conditions which increase the possibility of insect and disease problems; 4. The projects must be compatible with existing recreational uses; and 5. State Water Quality Standards must be met in Deadman Creek, as well as other waters in and downstream from the planning area. A range of alternatives will be considered, including a no-action alternative. Based on issues identified to date, alternatives to be considered include: (1) the number, sizes, and locations of areas considered for treatment; (2) the amount of road constructed for access; (3) the type of harvest and post-harvest treatments prescribed; and (4) the number, types, and locations of other integrated resource projects. Initial scoping began in May, 1996. The scoping process will include the following: identify and clarify issues; identify key issues to be analyzed in depth; explore alternatives based on themes which will be derived from issues recognized during scoping activities; and identify potential environmental effects of the Proposed Action and alternatives. An informal public meeting is planned to be held at the Kettle Falls Ranger District office during November, 1996. The date, time, and location of this meeting will be announced at a later date. The Forest Service is seeking information, comments, and assistance from other agencies, organizations, Indian Tribes, and individuals who may be interested in or affected by the Proposed Action. This input will be used in preparation of the draft EIS. Your comments are appreciated throughout the analysis process. The draft EIS is to be filed with the Environmental Protection Agency (EPA) and to be available for public review by April, 1997. At that time, copies of the draft EIS will be distributed to interested and affected agencies, organizations, Indian Tribes, and members of the public for their review and comment. The 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 notice appears in the Federal Register . It is important that those interested in the management of the Colville National Forest participate at that time. [[Page 58030]] 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 draft 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. 519,553 (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 EIS. 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. The final EIS is scheduled to be available by September, 1997. In the final EIS, the Forest Service is required to respond to substantive comments received during the comment period for the draft EIS. The responsible official is Colville National Forest Supervisor, Edward L. Schultz. The responsible official will decide which, if any, of the alternatives will be implemented. The decision and the rationale for the decision will be documented in the Record of Decision, which will be subject to Forest Service Appeal Regulations (36 CFR Part 215). Dated: October 25, 1996. Edward L. Schultz, Forest Supervisor. [FR Doc. 96-28895 Filed 11-8-96; 8:45 am] BILLING CODE 3410-11-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-28895. Public record. Not legal advice.