East Side Project, McKean, Elk, and Forest Counties, PA

DEPARTMENT OF AGRICULTURE

Forest Service

East Side Project, McKean, Elk, and Forest Counties, PA

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The Forest Service will prepare a Draft Environmental Impact

Statement to disclose the environmental consequences of the proposed

East Side Project. The Forest Service is proposing to harvest timber on

approximately 8,206 acres of National Forest land distributed over a

141,000 acre area located on the eastern half of the Allegheny National

Forest. Forest health is the driving concern in this project proposal.

Growth loss and mortality are occurring as a result of extensive insect

defoliation and drought which occurred from 1991 through 1994.

Reforestation treatments and commercial timber harvest will be used

in stands which have experienced considerable tree mortality. Harvest

treatments will consist of clearcuts, overstory removals, two-age,

shelterwood seed/removals, thinnings, group selection, individual tree

selections and improvement cuts. Reforestation treatments will consist

of herbicide application, area fencing, planting, site preparation and

fertilization. In addition to commercial timber harvest, the proposed

action will consider approximately 606 acres of wildlife habitat

improvement. These treatments will consist of creating openings,

planting warm season grasses, planting shrubs and trees, fencing, aspen

regeneration and pruning. Four fish structures will also be created.

Additional transportation requirements for this project include 17.2

miles of new road construction, 19.5 miles of road reconstruction

(betterment), 53.8 miles of road reconstruction (restoration) and 7.1

miles of road obliteration. It is anticipated that 7 existing stone

pits and 12 new pits will be used as a source of material for road

construction and reconstruction.

The Agency invites written comments and suggestions on the scope

and substance of the analysis and the environmental impact statement.

In addition, the Agency gives notice that the environmental impact

statement preparation process will be conducted so that interested and

affected people are aware of how they may participate in and contribute

to the final decision.

DATES: Comments and suggestions concerning the scope of the analysis

should be submitted in writing and postmarked by May 17, 1998, to

ensure timely consideration.

ADDRESSES: Send written comments to East Side Project, Allegheny

National Forest, 222 Liberty Street, P.O. Box 847, Warren, PA 16365.

FOR FURTHER INFORMATION CONTACT:

Lois M. DeMarco, Allegheny National Forest at 814/723-5150 about the

Environmental Impact Statement.

SUPPLEMENTARY INFORMATION: The Allegheny National Forest Land and

Resource Management Plan, approved in 1986, provides for the management

of forest resources. Vegetative management objectives include producing

a sustainable supply of high-quality sawtimber and wood products,

developing and maintaining a wide array of wildlife habitats, and

providing a range of recreation settings and experiences. Specific

objectives are defined for each Management Area.

From 1991 through 1994, a series of defoliations linked to elm

spanworm and forest tent caterpillar occurred over a wide area of the

northern tier of Pennsylvania. One or more defoliations occurred on

374,305 acres of the Allegheny National Forest. A series of droughts

also occurred in 1988, 1991, and 1995. In 1994 scattered areas of tree

mortality and decline were observed by Forest Service personnel.

Additional mortality has resulted in large areas of the Forest which

will not meet the long-term vegetative management objectives stated in

the Forest Plan.

An environmental analysis was performed in 1996 which was

documented in the Mortality II Environmental Assessment and Decision

Notice signed on February 5, 1997. The Mortality II Decision and

Environmental Assessment were litigated. The outcome of the litigation

requires the Forest Service to prepare an Environmental Impact

Statement (with consideration of a broad range of reasonable

alternatives) and a reconsideration of the optimality and

appropriateness of even-aged management decisions within the project

area.

Four additional environmental analyses were at various stages of

completion when Judge William Standish of the Third Judicial District

issued a ruling on the Mortality II litigation. We have reviewed the

requirements of NEPA (40 CFR 1508.25) to define the scope of the EIS

and have determined that it should include the areas previously

presented as Morality II and should be expanded to consider areas

previously identified as Thomas Rock, Coal Mine, Rocket John and Forest

Road (FR) 446.

We reviewed the comments received on each of the projects now

included in the EIS and have identified the following preliminary

issues: 1. The use of even-aged vs. uneven-aged management; and 2. The

construction of additional roads and improvements to existing roads.

A range of alternatives will be considered. One of these will

consider No Action for the project area. Another alternative will

consider the use of uneven-aged management on a broader scale than does

the proposed action. Issues which are generated through the scoping

process may generate additional alternatives.

The Draft EIS is expected to be filed with the Environmental

Protection Agency and to be available for public review by October 1,

1998. At that time, the Environmental Protection Agency will publish a

notice of availability of the draft environmental impact statement in

the Federal Register. The comment period on the draft will be 45 days

from the date the EPA notice appears in the Federal Register.

It is very important that those interested in the management of the

Allegheny National Forest participate at that time. To be most helpful,

comments on the draft environmental impact statement should be as

specific as possible, and may address the adequacy of the statement or

the merits of the alternatives discussed (see the Council on

Environmental Quality Regulations

[[Page 20369]]

(CEQ) for implementing the procedural provisions of the National

Environmental Policy Act at 40 CFR 1503.3).

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 environmental impact statements must structure their

participation in the environmental review of the proposals 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 environmental impact statement stage may be waived if not raised

until after completion of the final environmental impact statement,

City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1988), 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 environmental impact

statement.

Comments on the draft environmental impact statement 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 environmental impact statement or the merits of

the alternatives formulated and discussed in the statement (Reviewers

may wish to refer to CEQ 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

environmental impact statement, the comments received will be analyzed

and considered by the Forest Service in preparing the final

environmental impact statement.

The final environmental impact statement is scheduled to be

completed in February 1999. In the final EIS, the Forest Service is

required to respond to the comments received (40 CFR 1503.4). The

responsible official will consider the comments, responses,

environmental consequences discussed in the environmental impact

statement, and applicable laws, regulations and policies in making a

decision regarding this proposal. The responsible official will

document the decision and reasons for the decision in a Record of

Decision. That decision will be subject to appeal under 36 CFR part

215.

The responsible official is John E. Palmer, Forest Supervisor,

Allegheny National Forest, 222 Liberty Street, P.O. Box 847, Warren PA

16365.

Dated: April 16, 1998.

John E. Palmer,

Forest Supervisor.

[FR Doc. 98-10895 Filed 4-23-98; 8:45 am]

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