Deep Vegetation Management Project, Ochoco National Forest, Crook and Wheeler Counties, OR

DEPARTMENT OF AGRICULTURE

Forest Service

Deep Vegetation Management Project, Ochoco National Forest, Crook

and Wheeler Counties, OR

AGENCY: Forest Service, USDA.

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

-----------------------------------------------------------------------

SUMMARY: The USDA, Forest Service, will prepare an environmental impact

statement (EIS) on a Proposed Action to complete silvicultural

treatments, including commercial harvest, pre-commercial thinning, and

prescribed fire, to improve the health and diversity of forest stands

in the Deep Creek Watershed. The Deep Creek Watershed is located

approximately 60 miles northeast of Prineville, Oregon and covers

approximately 55,400 acres. Approximately 97 percent of the watershed

is National Forest System land. The project is proposed for fiscal

years 2000 through 2004. The Ochoco National Forest invites written

comment on this proposal and the scope of analysis. The agency will

give notice of the full environmental analysis and decision making

process for the proposal so interested and affected people may

participate and contribute to the final decision.

DATES: Send written comments and concerns on the issues and management

of this area by February 15, 2000.

ADDRESSES: Send written comments to Thomas A. Schmidt, Forest

Supervisor, Ochoco National Forest, P.O. Box 490, Prineville, Oregon

97754, or Eugene Skrine, District Ranger, Paulina Ranger District, 7803

Beaver Creek Road, Paulina, Oregon 97751.

FOR FURTHER INFORMATION CONTACT: Tom Mafera, Deep Project Leader,

Paulina, Ranger District, 7803 Beaver Creek Road, Paulina, OR 97751,

phone (541) 477-6910.

SUPPLEMENTARY INFORMATION: The Forest Service Proposed Action will

conduct management activities, including commercial timber harvest,

pre-commercial thinning, and prescribed fire, in the Deep Creek

Watershed. Based on an analysis of existing vegetation conditions in

the Deep Creek Watershed, opportunities were identified to conduct

silvicultural treatments to improve the health and diversity of

forested stands. Silvicultural treatments include approximately 8,000

acres of thinning/selection harvest and approximately 25,000 acres of

low intensity prescribed burning. This Proposed Action will to develop

opportunities for post/pole/chip/firewood products from small-sized

trees. The proposal will develop habitat improvement projects for a

variety of wildlife, fish, and sensitive plant species. There will be

road development and/or repair to access the treatment areas.

Approximately 10 miles of currently existing roads will be

decommissioned or obliterated. Roads currently closed will be re-

assessed.

The purpose and need for action is to provide landscape-level

health and diversity within the project area. Also to provide multiple

use benefits: such as wildlife and fish habitat restoration; riparian

and watershed restoration; visual quality; and timber products.

All activities will be consistent with the 1989 Ochoco National

Forest Land and Resource Management Plan as amended by the 1995 Inland

Native Fish Strategy and the Regional Foresters Forest Plan Amendment

#2. This project will also be guided by the recommendations in the Deep

Creek Watershed Analysis.

The decision-to-be-made will include whether, where, and/or how

much of each proposed vegetation activity should occur, and/or how much

road and where decommissioning, repair, obliteration, or construction

should occur.

The northern edge of the project area follows the ridgeline north

of Forest Road (FR) 2630 east from the western district boundary

through Buck Point, and Camp Weston Point. The eastern edge follows the

ridgeline from Camp Weston Point southeasterly to Alder Springs. From

Alder Springs it goes south and follows FR 1200 to the junction of FR

1200/1250, southeasterly to Bear Mountain and south to FR 42. FR 42

bounds the southern edge west to Dry Reservoir, southwest through Twin

Springs to the North Fork Crooked River. The western boundary is from

the North Fork Crooked River north along the Paulina/Big Summit Ranger

District boundary to just north of FR 2630. The project area includes

portions of the following streams: Deep Creek, Little Summit Creek,

Happy Camp Creek, Jackson Creek, Double Corral Creek, Chamberlin Creek,

Toggle Creek, Buck Hollow Creek, Derr Creek, Haypress Creek, Big Spring

Creek, and branches of Crazy and Thorton Creeks.

Preliminary issues have been identified: landscape level pattern

and vegetative diversity; water quality and fish habitat; fuels and

fire hazard, effects on soils, and effects on proposed endangered,

threatened or sensitive species.

Alternatives to be considered will include the no action

alternative, plus action alternatives that will be developed in

response to key issues. The action alternatives will include various

levels of commercial harvest, pre-commercial thinning, prescribed fire,

road work, and fish, wildlife and riparian habitat improvement

projects.

Initial scoping began in October 1999. The public is invited to

offer suggestions and comments in writing. Comments received in

response to this notice, including the names and addresses of those who

comment, will be considered part of the public record on this proposal

and will be available to 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 part 215. 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 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 that the

comments may be resubmitted with or without name and address within a

specified number of days.

The draft EIS expected to be completed in April 2000. 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 it is important to give reviewers

notice at this early stage of several court ruling related to public

participation in the environmental review process. First,

[[Page 72066]]

reviewers of a 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 statement. 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 completed in June 2000. In the

final EIS, the Forest Service is required to respond to comments and

responses received during the comment period that pertain to the

environmental consequences discussed in the draft EIS and applicable

laws, regulations, and policies considered in making the decision

regarding the Deep Vegetation Management Project.

The Forest Service is the lead agency. Thomas A. Schmidt, Forest

Supervisor, is the Responsible Official. The Responsible Official will

determine which alternative best meets the purpose and need of this

project and addresses the key issues raised about this project. The

decision and rationale will be documented in the Record of Decision.

The decision will be subject to Forest Service Appeal Regulations (36

CFR Part 215).

Dated: December 7, 1999.

Thomas A. Schmidt,

Forest Supervisor.

[FR Doc. 99-32830 Filed 12-22-99; 8:45 am]

BILLING CODE 3410-11-M