Rocky Mountain Region; Environmental Impact Statement for the Stevens Gulch Road and Related Timber Sales, Grand Mesa, Uncompahgre and Gunnison National Forests, Delta County, CO

DEPARTMENT OF AGRICULTURE

Forest Service

Rocky Mountain Region; Environmental Impact Statement for the

Stevens Gulch Road and Related Timber Sales, Grand Mesa, Uncompahgre

and Gunnison National Forests, Delta County, CO

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to supplement a final environmental impact

statement.

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SUMMARY: The Forest Service will prepare a supplement to the final

environmental impact statement for the Stevens Gulch Road and Related

Timber Sales located on the Gunnison National Forest, Paonia Ranger

District.

DATES: Comments concerning the scope and issues of the analysis should

be received 45 days after publication of the Draft Supplement to the

Final EIS: April, 1996. Final Supplement to the Final EIS: June, 1996.

ADDRESSES: Send written comments to Ray Kingston, District Ranger,

Paonia Ranger District, P.O. Box 1030, Paonia, CO 81428.

FOR FURTHER INFORMATION CONTACT:

Carol McKenzie, Silviculturist, Forest Supervisor's Office, 2250 Hwy

50, Delta, CO, Gunnison, CO 81416, (970) 874-7691 or Andrea Wang,

Wildlife Biologist, Paonia Ranger District, P.O. Box 1030, Paonia, CO

81428, (970) 527-4131.

SUPPLEMENTARY INFORMATION: The Forest Service is proposing to prepare a

supplement to the final environmental impact statement for the Stevens

Gulch Road and Related Timber Sales. In accordance with FSH 1909.15 the

final environmental impact statement for the Stevens Gulch road and

Related Timber Sales has been reviewed by an interdisciplinary team.

Significant new information have been discovered. The Forest Service is

considering alternatives to change the Record of Decision in relation

to the timing of use of existing and future roads within the Stevens

Gulch project area used by active timber sales; and, mitigation

measures to protect species identified in the updated Biological

Evaluation and Biological Assessment. The scope and analysis of the

proposed supplement to the Final EIS will be limited to these

alternatives and mitigation measures.

The original Notice of Intent for this project was published in the

Federal Register Vol. 108, No. 49, June 4, 1985 Page 23092. A Record of

Decision and Final environmental impact statement were approved

September 12, 1986 by then Forest Supervisor Evans. This decision was

upheld on August 7, 1987 by then Regional Forester Cargill. A second

level appeal was then filed on September 8, 1987 to the Chief of the

U.S. Forest Service. Regional Forester Cargill's decision was upheld on

October 24, 1988.

The comment period on the draft supplemental final environmental

impact statement will be 45 days from the date the Environmental

Protection Agency'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 supplemental 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 have been raised

at the draft stage may be waived if not raised until after completion

of the final supplemental environmental impact statement. City of

Angoon v. Hodel, (9th Circuit, 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 re 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 environmental

impact statement.

[[Page 10561]]

To assist the Forest Service in identifying and considering issues

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

to the final environmental impact statement should be as specific as

possible. It is also helpful if comments refer to specific pages or

chapters of the draft supplement or the merits of the alternatives

formulated and discussed in the draft supplement. 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 responsible official for this supplement to the final

environmental impact statement is Robert L. Storch, Forest Supervisor,

Grand Mesa, Uncompahgre and Gunnison National Forests, 2250 Highway 50,

Delta, Colorado 81416.

Dated: March 1, 1996.

Robert L. Storch,

Forest Supervisor.

[FR Doc. 96-6115 Filed 3-13-96; 8:45 am]

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