Environmental Impact Statement Preparation for the Goose Pond Project, Allegheny National Forest, McKean County, PA

DEPARTMENT OF AGRICULTURE

Forest Service

Environmental Impact Statement Preparation for the Goose Pond

Project, Allegheny National Forest, McKean 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 Goose Pond Project.

The purpose of this project is to salvage mortality and 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 allocate land to

management for both wood production (Management Area 3.0); and scenic

quality (Management Area 6.1). The Goose Pond project is located within

management areas, 3.0 and 6.1.

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 ferm, grass or undesirable woody vegetation

need to develop seedling vegetation. Project proposals include timber

harvesting 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 194 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, 549 acres of

thinning in immature stands to reduce the competition for light and

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

and 232 acres of salvage thinning to salvage dead and dying trees.

Associated with these silvicultural activities includes approximately

3.4 miles of new road construction (1.8 miles are existing non-system

roads), 5.9 miles of road restoration, 2.6 miles of road betterment,

expansion of 4 stone pits, and development of 3 additional stone pits

to provide an adequate long-term transportation system. Wildlife

habitat improvement measures in the form of planting 20 acres of trees

and shrubs, 3 acres of grasses, underplanting 60 acres of conifer

cover, constructing a 1 acre permanent wildlife opening, pruning of 5

acres of apple trees, 1.0 mile of fish habitat improvements, and

placement of 8 next boxes to supplement the existing conditions.

After completion of the analysis, the responsible official will

select an alternative that maximizes net public benefits for the Goose

Pond Project area.

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

recommendations for achieving the purpose and need for the Goose Pond

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 April 20, 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: ``Goose Pond Project''.

attention Edward L. Hale--ID Team Leader, Marienville Ranger District,

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

Edward L. Hale at (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 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 (FOIC) 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 final

[[Page 13397]]

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 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: March 5, 1999.

Leon Blashock,

District Ranger.

[FR Doc. 99-6613 Filed 3-17-99; 8:45 am]

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