# Cold Springs Project, Rocky Mountain Region, Medicine Bow/Routt National Forest, Albany County, WY and Converse County, WY

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A96-31501

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** December 12, 1996
- **Citation:** 61 FR 65374

## Text

SUMMARY: The Forest Service will prepare an Environmental Impact
Statement (EIS) on a proposal to improve forest health by tree harvest,
and treatment of excess fuels to manage an increasing catastrophic
wildfire potential, and to accomplish other connected and/or related
action(s), including wildlife habitat improvement and improved access
development and travel management, within the Cold Springs analysis
area on the Medicine Bow/Routt National Forest in Albany and Converse
counties, Wyoming, which are now ripe for decision.
The Forest Service invites comments, and suggestions on the scope
of the analysis to be included in the Draft Environmental Impact
Statement (DEIS). In addition, the Forest Service gives notice that it
is beginning, in cooperation with the State of Wyoming and other
federal agencies, a full environmental analysis of this proposal, an
alternative to it that will examine the effects of doing nothing, i.e.,
a ``no action'' alternative to the proposal, and other alternatives as
may be determined to be appropriate in order to analyze significant
issues that may surface during scoping and the initial public comment
period. Interested or affected persons may participate in, and
contribute to this analysis, and to the final decision. A public
meeting will be held in January, 1997 at the new Douglas Ranger
District Office at 2250 East Richards Avenue, Douglas, Wyoming on a
date and time to be determined. The purpose of this meeting is to
present, describe and discuss site-specific information about the
proposed action and the analysis area, and to provide an opportunity
for the public and agencies to ask questions and comment about issues
that should be considered in the analysis. Interested persons may
contact the District Ranger at the address or telephone number given
below after December 5, 1996, to learn the date and time.
The issues raised at this meeting and during the scoping phase of
the analysis will establish the scope of the environmental analysis and
help the responsible official develop a reasonable range of
alternatives to be considered. The Forest Service welcomes and will
consider all timely public or agency comments on this proposal.

DATES: Comments in response to this Notice of Intent and concerning the
scope of the analysis may be written or oral, and should be received by
February 3, 1997.

ADDRESSES: Send written comments to Malcolm Edwards, District Ranger,
Douglas Ranger District, 809 S. 9th Street, Douglas, Wyoming 82633.
Oral comments can be made by calling (307) 358-4690.

RESPONSIBLE OFFICIAL: Jerry E. Schmidt, Forest Supervisor, Medicine
Bow/Routt National Forest, 2468 Jackson St., Laramie, Wyoming, 82070.

FOR FURTHER INFORMATION CONTACT: William Steenson, Environmental
Coordinator, at (307) 358-4690.

SUPPLEMENTARY INFORMATION: The proposal for the Cold Springs project
includes individual tree harvest, by salvage and stand thinning, and
stand regeneration methods, of an estimated 8 mmbf (million board
feet), associated road construction and/or reconstruction over an
estimated at 9.0 miles, right(s)-of-way acquisition, fuels treatment,
wildlife habitat enhancements, and related actions. The tree harvest is
intended to promote a healthy forest stand condition, salvage dead and
dying trees that are accessible and useable, and provide commercial
wood products to industry, improve tree age class distribution and
increase the acres of young trees in the area, and benefit wildlife
species that use forest stands and non-forest areas in all successional
stages. The Cold Springs analysis area contains two(2) relatively large
land areas that are minimally-roaded by historic, two-track roads, and
have what may be described as a ``roadless character'', and are,
therefore, suitable for analysis in an EIS.
The decision to be made is whether, and by what means, to proceed
with tree harvest by timber sale(s), associated access and road
construction activities, stand regeneration and wildfire hazard
reduction, and other connected and related actions to achieve project
goals and objectives.
The Medicine Bow National Forest Land and Resource Management Plan
includes provisions for two(2) timber sales currently decided and/or
now in NEPA analysis in what has more recently become known as the Cold
Springs analysis area. These sales are the Box Elder (1997) and
Russell's Camp (1997) sales. The cumulative effects of these planned
sale offerings will be analyzed together with any other site-specific
proposals for tree removal by commercial sale offerings that may be
made a part of the pending Cold Springs environmental assessment.
The Forest Service currently manages the NFS lands within the
analysis area under ``Management Prescriptions 1A, 2A, 5B, 6B and 9A.''
The proposed action is consistent with the management standards and
guidelines, goals and objectives for these management areas and the
Medicine Bow National Forest Plan.
The Draft Environmental Impact Statement (DEIS) is expected to be
available after August, 1997; the Final Environmental Impact Statement
and Record of Decision after December, 1997.
A 60-day public comment period on the DEIS will commence on the day
the Environmental Protection Agency publishes a ``Notice of
Availability'' in the Federal Register.
The Forest Service believes 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 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 stage, but are not

[[Page 65375]]

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 rulings, it is important
that persons who are interested in this proposal participate by the
close of the 60-day comment period so that the Forest Service has all
substantive comments and objections available at a time when it can
meaningfully consider them, and can respond to them in the Final EIS.
To assist the responsible official in identifying and considering
issues about the proposed action, comments on the Draft EIS should be
specific to the analysis area and the actions considered. It is helpful
if comments reference specific chapters, sections and page numbers.
Comments may address the adequacy of the analysis documented in the
draft, or the merits of the alternatives formulated and discussed.
Reviewers may wish to refer to the Council on Environmental Quality
(CEQ) Regulations for implementing the procedural provisions of the
National Environmental Policy Act (40 CFR 1503.3) in addressing these
points. All comments made on a DEIS are regarded as public information.

Dated: November 25, 1996.
Jerry E. Schmidt,
Forest Supervisor.
[FR Doc. 96-31501 Filed 12-11-96; 8:45 am]
BILLING CODE 3410-11-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-31501. Public record. Not legal advice.
