Long Clear Project, Boise National Forest, Boise County, ID

Federal RegisterJul 9, 1999

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DEPARTMENT OF AGRICULTURE

Forest Service

Long Clear Project, Boise National Forest, Boise County, ID

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare environmental impact statement.

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SUMMARY: The Boise National Forest will prepare an environmental impact

statement (EIS) to document the analysis and disclose the environmental

impacts of a proposed timber sale, and road and dispersed-campsite

treatments (including road closures), in the Lower Clear Creek

subwatershed of the Clear Creek drainage. During the winter months of

1996-97, heavy snows and saturated soils caused blow down of trees

within the Clear Creek drainage of the Lowman Ranger district. The

blown down trees were subsequently attacked by Douglas-fir beetles in

the spring and summer of 1997. Pure, dense stands of Douglas-fir

stressed by drought and previous insect or disease attack are

particularly susceptible to Douglas-fir beetle infestations that can

kill large forested areas. Because there are dense, stressed Douglas-

fir stands within the project area, many of these areas are at risk of

insect and disease infestation. Some areas also remain less resistant

and resilient to unnaturally severe wildfire. These areas need to be

thinned, and in some cases, seral species need to be restored, to

improve their resistance and resilience to uncharacteristic events.

Some trees are infested with bark beetles or infected with mistletoe

and other disease, and are expected to die. Prompt salvage of these

trees is needed if their economic value is to be captured. In addition,

many roads within the project area are contributing sediment, and need

to be reconstructed, rehabilitated and/or closed to enhance water

quality, protect native fish habitat and help restore healthy aquatic

conditions in the Clear Creek watershed. The ford on the Long Clear

road (Forest road 545), and dispersed campsites, need to be treated to

reduce impacts to water quality and fish habitat.

During the winter and spring of 1998, the Lowman District prepared

an environmental assessment (EA) for this proposed timber sale and a

Decision Notice and Finding of No Significant Impact was signed in May

1998. Subsequently, American Wildlands and the Idaho Sporting Congress

filed suit in Federal District Court. The District Court's decision

found the EA did not contain or refer to the ``hard data'' supporting

the project's purpose and need, and directed the Forest Service to

prepare adequate National Environmental Policy Act (NEPA) documentation

for the proposed project. The Forest Service has determined an EIS is

the appropriate form of documentation for the proposed Long Clear

Timber Sale.

The Lowman Ranger District of the Boise National Forest proposes to

treat about 5,700 acres through commercial thinning, precommercial

thinning, salvage harvest, and reforestation, to reduce stand density

and improve resistance and resilience to uncharacteristic events, and

to capture the economic value of dead and dying trees. No timber

harvest would occur in Riparian Habitat Conservation Areas or in the

Deadwood or Red Mountain Inventoried Roadless Areas. Twelve pheromone

bait stations have been established to attract Douglas-fir bark beetles

into easily accessible concentrations of trees. These bait stations

resulted in Douglas-fir bark beetle infestations in approximately 400

trees. These 400 trees would be harvested as a portion of this

proposal. Activity (harvest-related) fuels would be burned on about

4,600 acres to reduce fuel buildup and the potential for unnaturally

intense wildfires. Prescribed fire would be undertaken on about 500

acres, to burn natural fuels in areas where natural fire has not

occurred as often as could be historically expected. Ten dispersed-

recreation sites along Clear Creek would be treated to reduce impacts

on water quality and fish habitat resulting from recreational use. A

total of 6.9 miles of currently open but impassable road would be

closed year long to full-sized motorized vehicles and converted to a

seasonal motorized trail. A total of 3.6 miles of currently open roads

would be closed and revegetated, and 2.1 miles of currently closed

roads would be revegetated. The Long Creek road (Forest road 545)

bridge across Clear Creek would be reconstructed, eliminating use of

the current ford. Additionally, approximately 20 miles of existing road

(mostly along the Long Creek road) would be reconstructed to facilitate

harvest activities and reduce sediment delivery, in accordance with

INFISH guidelines.

DATES: Written comments concerning the scope of the analysis described

in this Notice should be received by July 23, 1999 to ensure timely

consideration. No scoping meetings are planned at this time.

ADDRESSES: Send written comments to Jackie Andrew, Project Coordinator,

Lowman Ranger District, 7359 Highway 21, Lowman, ID 83637.

FOR FURTHER INFORMATION CONTACT: Questions concerning the proposed

action and EIS should be directed to Jackie Andrew at 208-259-3361.

SUPPLEMENTARY INFORMATION: The Forest Service is seeking information

and comments from Federal, State, and local agencies, as well as

individuals and organizations who may be interested in, or affected by,

the proposed action. The Forest Service invites written comments and

suggestions on the issues related to the proposal and the area being

analyzed.

Information received will be used in preparation of the draft EIS

and final EIS. For the most effective use, comments should be submitted

to the Forest Service within 30 days from the date of publication of

this Notice in the Federal Register. The Responsible Official is David

D. Rittenhouse, Forest Supervisor, Boise National Forest. The decision

to be made is whether to thin and harvest National Forest System

timber, treat roads and dispersed campsites, and reduce natural and

activity fuels through prescribed fire. The draft EIS is expected to be

available

[[Page 37093]]

for public review in September 1999, with a final EIS estimated to be

completed in November 1999. The comment period on the draft EIS will be

45 days from the date the Environmental Protection Agency publishes the

notice of availability 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 EIS's 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 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 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

chapter 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 draft EIS. 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. Comments received in response to this

solicitation, including names and addresses of those who comment, will

be considered part of the public record on this proposed action and

will be available for public inspection. Comments submitted anonymously

will be accepted and considered; however, those who submit anonymous

comments will not have standing to appeal the subsequent decision under

36 CFR 215 or 217. Additionally, pursuant to 7 CFR 1.27(d), any person

may request the agency to withhold a submission from the public record

by showing how the Freedom of Information Act (FOIA) permits such

confidentiality. Persons requesting such confidentially should be aware

that, under the FOIA, confidentiality may be granted in only limited

circumstances, such as to protect trade secrets. The Forest Service

will inform the requester of the agency's decision regarding the

request for confidentiality, and where the request is denied, the

agency will return the submission and notify the requester the comments

may be resubmitted with or without name and address within 10 days.

Dated: June 29, 1999.

David Rittenhouse,

Forest Supervisor.

[FR Doc. 99-17127 Filed 7-8-99; 8:45 am]

BILLING CODE 3410-11-M

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