[Federal Register: August 11, 2005 (Volume 70, Number 154)]
[Notices]
[Page 46810-46811]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au05-38]
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DEPARTMENT OF AGRICULTURE
Forest Service
Rocky Mountain Region, Grand Mesa, Uncompahgre and Gunnison
National Forest, Mesa County, CO; Supplemental Environmental Impact
Statement for Sheep Flats Diversity Unit Timber Sales
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to supplement an environmental impact
statement.
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SUMMARY: The Forest Service will prepare a supplemental environmental
impact statement for the Sheep Flats Diversity Unit Timber Sale to
present additional information concerning Management Indicator Species
(MIS), and Threatened, Endangered and Sensitive Species (TES).
DATES: Comments concerning the scope of the analysis must be received
by 45 days after publication of the draft supplemental environmental
impact statement. The draft supplemental environmental impact statement
is expected August 2005 and the final supplemental environmental impact
statement is expected October 2005.
ADDRESSES: Send written comments to Connie Clementson, District Ranger,
Grand Valley Ranger District, 2777 Crossroads Blvd, Unit 1, Grand
Junction, Colorado 81506.
FOR FURTHER INFORMATION CONTACT: Carol McKenzie, Team Leader at
cmckenzie@fed.us or (208) 634-0761; or Ken Anderson, Timber Group
Leader, Forest Supervisor's Office, 2250 Highway 50, Delta, CO 81416.
SUPPLEMENTARY INFORMATION: The Forest Service is proposing to prepare a
supplement to the final environmental impact statement for the Sheep
Flats Diversity Unit Timber Sales. In accordance with FSH 1909.15, the
1998 final environmental impact statements and 2001 final supplemental
environmental impact statement has been reviewed. New information have
been discovered in the form of court decisions and regulations at 26
CFR 219 concerning the analysis and use of Management Indicator Species
(MIS). In addition, species lists for Threatened, Endangered and
Sensitive Species have changed since the final environmental impact
statement and final supplemental environmental impact statement were
issued. The forest Service will supplement the final environmental
impact statement by analyzing and presenting additional information
concerning wildlife resources. The scope and analysis of the proposed
supplement to the final environmental impact statement will be limited
to the Management Indicator Species Assessment, Amended Biological
Assessment and Amended Biological Evaluation.
The original Notice of Intent for this project was published in the
Federal Register Vol. 57, No. 31, February 14, 1992. A revised Notice
of Intent was published in the Federal Register Vol. 61, No. 177,
September 11, 1996. In June 1998, a Record of Decision was issued. This
decision was appealed on August 17, 1998. On October 1, 1998, the
Appeal Deciding Officer recommended that the June 1998 decision be
reversed because of the deficiencies in the water quality and soils
analyses. A Notice of Intent to supplement the final environmental
impact statement with additional information regarding water quality
and soils was published in the Federal Register Vol. 63, No. 222,
November 18, 1998. A new Record of Decision and final supplemental
environmental impact statement were approved on October 1, 2001 by then
Forest Supervisor Robert L. Storch. The approved decision was to
implement Alternative 4 and associated mitigation measures as detailed
on pages 2 through 8 of the Record of Decision. This decision was
appealed on November 19, 2001. The Appeal Deciding Officer upheld the
decision on December 20, 2001.
[[Page 46811]]
Purpose and Need for Action
The draft supplemental environmental impact statement will not
change the purpose and need for the Sheep Flats Diversity Unit Timber
Sales as described on pages 1-1 through 1-3 of the final environmental
impact statement. The scope of the draft supplemental environmental
impact statement is only to provide additional analysis regarding
wildlife resources.
Proposed Action
The draft supplemental environmental impact statement will not
change the proposed action for the Sheep Flats Diversity Unit Timber
Sales as described on pages 1-1 through 1-3 of the final environmental
impact statement. The scope of the draft supplemental environmental
impact statement is only to provide additional analysis regarding
wildlife resources.
Responsible Official
The Responsible Official is Connie Clementson, District Ranger,
Grand Valley Ranger District, 2777 Crossroads Blvd. Unit 1, Grand
Junction, CO 81506.
Nature of Decision To Be Made
The Responsible Official will review the supplemental information
and determine if the 2001 Record of Decision should be modified or if
the original decision is to remain in effect and unchanged.
Scoping Process
Extensive public involvement has occurred on this project over the
last 13 years in the form of news releases, field tours and public
meetings. No additional scoping is planned for this supplement.
Comment Requested
A legal notice will be published in the newspaper of record and a
Notice of Availability will be published in the Federal Register to
inform the public that supplemental information is available for review
and comment. The draft supplemental environmental impact statement will
be distributed to all parties that received the 2001 final supplemental
environmental impact statement and record of decision and to those
parties that filed an appeal of the 2001 decision.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review
A draft supplemental environmental impact statement will be
prepared for comment. The comment period on the draft supplemental
environmental impact statement 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 environmental impact statements 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 environmental impact statement stage but that are not raised
until after completion of the final environmental impact statement 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 environmental impact statement.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, 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 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, including the names and addresses of those who
comment, will be considered part of the public record on this proposal
and will be available for public inspection.
(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21)
Dated: August 5, 2005.
Connie Clementson,
District Ranger.
[FR Doc. 05-15886 Filed 8-10-05; 8:45 am]
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