Environmental Impact Statement Preparation for the Big Run Project, Allegheny National Forest, Elk County, PA

DEPARTMENT OF AGRICULTURE

Forest Service

Environmental Impact Statement Preparation for the Big Run

Project, Allegheny National Forest, Elk County, PA

AGENCY: Forest Service, USDA.

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

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SUMMARY: In accordance with the National Environmental Policy Act,

notice is hereby given that the Forest Service, Allegheny National

Forest will prepare an Environmental Impact Statement to disclose the

environmental consequences of the proposed Big Run Project.

The purpose of this project is to move from the Existing Condition

towards the Desired Future Condition (DFC) as detailed in the Allegheny

National Forest Land and Resource Management Plan (Forest Plan). The

Forest Plan allocates land to management where wood production is one

of the featured objectives (Management Area 3.0). The Big Run project

is located entirely within this management area.

In order to move towards the DFC, the early successional age class

(0-20 year age) needs to increase; healthy forested stands capable of

producing high quality, high value sawtimber need to be maintained; and

understories dominated by fern, grass or undesirable woody vegetation

need to develop seedling vegetation. Project proposals include timber

havesting as a means for making desired changes to forest vegetation

and satisfying the demonstrated public need for wood products. Our

proposed action to meet the purpose and need includes 410 acres of

regeneration harvests to bring the onset of a new forest; herbicide,

fertilizer, fencing, mechanical site preparation, and planting to

ensure seedling establishment and growth in understories; and 476 acres

of thinning in immature stands to reduce the competition for light and

nutrients, thereby improving the health and vigor of residual trees.

Associated with these silvicultural activities includes approximately

one mile of new road construction, six miles of road restoration, 12

miles of road betterment, approximately one half mile of road

obliteration, and additional stone pit development to provide an

adequate long-term transportation system. Wildlife habitat improvement

measures in the form of plantings, fish habitat improvements and

stocking, and wood duck nest box placement serve to supplement the

existing conditions.

After completion of the analysis, the responsible official will

select an alternative that maximizes net public benefits for the Big

Run Project area.

DATES: The public is asked to provide comments, suggestions, and

recommendations for achieving the purpose and need for the Big Run

Project. The public comment period will be for 30 days from the date

the Environmental Protection Agency publishes this notice of

availability in the Federal Register. Comments and suggestions should

be submitted in writing and postmarked by March 9, 1999 to ensure

timely consideration. To assist in commenting, a scoping letter

providing more detailed information on the project proposal has been

prepared and is available to interested parties.

FOR FURTHER INFORMATION CONTACT: Submit written comments and

suggestions concerning the proposed action to: ``Big Run Project'',

attention Mary Schoeppel--ID Team Leader, Marienville Ranger District,

HC2 Box 130, Marienville, PA 16239. For further information, contact

Mary [email protected](814) 927-6628.

SUPPLEMENTARY INFORMATION: The issue of uneven-aged management often

arises during the scoping process for projects such as this. We will

therefore include at least one alternative to the Proposed Action which

will evaluate the effects of applying uneven-aged management

techniques. Issues which are generated through the scoping process may

generate additional alternatives.

Comments considered beyond the scope of this project and which will

not be evaluated include whether or not commercial timber harvest

should occur on National Forest System lands; the validity of the

science of silviculture and forest management; and whether or not to

allow the use of herbicides on the Allegheny National Forest on a

programmatic level.

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. In a recent legal opinion, the Forest Service's Office of

General Council (OGC) has determined that names and addresses of people

who respond to a Forest Service solicitation are not protected by the

Privacy Act and can be released to the public. The Forest Service

routinely gives notice of and requests comments on proposed land and

resource management actions accompanied by environmental documents, as

well as on proposed rules and policies. Comments received in response

to such solicitations, including names and addresses of those who

comment, will be considered part of the public record and will be

available for such inspection, upon request. 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. The

opinion states that such confidentiality may be granted in only very

limited circumstances, such as to protect trade secrets.

The Draft EIS is expected to be filed with the Environmental

Protection Agency and to be available for public review during June of

1999. At that time, the Environmental Protection Agency (EPA) will

publish in the Federal Register a notice of availability of the draft

environmental impact statement. The comment period on the draft will be

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

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 full 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

[[Page 7163]]

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 October, 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 Leon Blashock, District Ranger,

Allegheny National Forest, HC2 Box 130, Marienville, PA 16239.

Dated: February 2, 1999.

Leon Blashock,

District Ranger.

[FR Doc. 99-3447 Filed 2-11-99; 8:45 am]

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