[Federal Register: December 13, 2002 (Volume 67, Number 240)]
[Notices]
[Page 76716-76717]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13de02-25]
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DEPARTMENT OF AGRICULTURE
Forest Service
Manti-La Sal National Forest; State of Utah; State Institutional
Trust Lands Administration Access Routes on East Mountain, Emery
County, UT; Revision of Notice of Intent to Prepare an Environmental
Impact Statement
AGENCY: Forest Service, USDA.
ACTION: Revision of notice of intent to prepare an environmental impact
statement.
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SUMMARY: The Forest Service (FS) issued a notice of intent (NOI)
published in the Federal Register on May 3, 2002, on pages 22392-22393.
The NOI discussed that the Forest Service (FS) would prepare an
Environmental Impact Statement (EIS) to disclose the impacts of
authorizing adequate access across National Forest System lands to the
State of Utah School & Institutional Trust Lands Administration (SITLA)
lands within the Manti-La Sal National Forest, Emery County, Utah.
This NOI amends the original NOI of May 3, 2002, by adding two
additional projects and opening a new round of public scoping.
DATES: Comments concerning issues, alternatives and the scope of the
analysis must be received within 30 days from the date of publication
of this revision of notice of intent in the Federal Register. The Draft
Environmental Impact Statement is expected by April 2003, and a Final
Environmental Impact Statement (FEIS) is expected by August 2003.
ADDRESSES: Send written comments to Elaine J. Zieroth, Forest
Supervisor, Manti-La Sal National Forest, 599 West Price River Drive,
Price, Utah 84501, ATTN: Leland Matheson.
FOR FURTHER INFORMATION CONTACT: Aaron Howe, Mineral and Lands Staff
Officer, Manti-La Sal National Forest, 599 West Price River Drive,
Price, Utah 84501.
SUPPLEMENTARY INFORMATION: The previous NOI stated that the FS was
going to prepare an EIS to ``decide whether to authorize SITLA to
construct a new road and reconstruct existing roads'', so that SITLA
could have access to their land which is surrounded by the Manti-La Sal
National Forest. This revised NOI is outlining expanded activities
associated with SITLA (timber harvest to the North and a natural gas
well to the South) and Prima Oil Company natural gas well in the same
East Mountain area of the National Forest.
SITLA
The Forest Service will prepare an EIS to disclose effects and
provide the basis for deciding whether to authorize SITLA to construct
a new road and reconstruct existing Forest Service roads across
National Forest System Lands, for access to their inholdings on East
Mountain for project activities. A segment of the new access route and
a portion of the existing roads to be reconstructed traverse portions
of the East Mountain Inventoried Roadless Area. SITLA inholdings
addressed in this revision consist of one section: Section 36, Township
16 South (T16S), Range 6 East (R6E), Salt Lake Median (SLM) about 640
acres. Provisions of the Alaska National Interest Lands Conservation
Act (ANILCA) of 1980, section 1323(a) (16 U.S.C. 3210) provides that
the owners of non-Federal land within the National Forest shall be
provided adequate access to their land. Regulations implementing
section 1323(a) are set forth in title 36, Code of Federal Regulations,
part 251, subpart D--Access to Non-Federal Lands. The Forest Service
Policy is further explained in the Forest Service Manual (FSM) 5400 and
2700. Access must comply with other laws and regulations such as the
Threatened and Endangered Species Act, Clean Water Act, Historic
Preservation Act, and the National Environmental Protection Act.
Prima Oil & Gas
Prima Oil and Gas Company has proposed to drill a natural gas
exploration well on National Forest System Lands southwest of the
Inventoried Roadless Area adjacent to an existing Forest Service Road.
The proposed well site is located as follows: NE \1/4\, Section 23
Township 16 South, Range 6 East, SLM, Emery County, Utah.
Purpose and Need for Action
The purpose and need for this action is three fold, SITLA, Prima
Oil & Gas and the Forest Service. SITLA's purpose and need is to have
an adequate access route across National Forest System Lands to SITLA
inholdings for resource management activities on these lands.
Prima Oil & Gas Company's purpose and need is to explore for and
produce any economic reserves of natural gas within their lease
agreement. The responsible agencies must provide reasonable
opportunities to accomplish this consistent with the rights granted by
the Leases consistent with Forest Plan direction.
The Forest Service purpose and need is to evaluate the requests
from SITLA and Prima Oil & Gas and then to determine whether to
authorize permits for access, consistent with applicable laws,
regulations, and Forest Service Policy.
Proposed Action
SITLA
The FS is proposing to authorize SITLA to construct a private road
and reconstruct Forest Service Roads 50145 (Flat Canyon Road) and 50244
(Big East Road). The Flat Canyon Road will be reconstructed from Forest
Service Road 50040 to the SITLA inholdings at Section 36, T16S, R6E,
SLM. Forest Service Road 50244 will be reconstructed from the
intersection of
[[Page 76717]]
Forest Service Road 50145. To its termini near the center of Section
11, T16S R6E. A private road will be constructed from Section 11
Northward to SITLA inholdings, in Section 36, T15S R6E. The private
road construction will continue through the SITLA land in Section 2,
T16S R6E and cross the National Forest in Section 35 T15S R6E, SLM for
the purpose of connecting to SITLA land located at Section 36 T15S R6E,
SLM.
Prima Oil & Gas Company
The Forest Service also proposes to allow Prima Oil & Gas Company
access to their lease via Forest Service Roads and use of National
Forest System Lands to construct an oil and gas drill pad consistent
with the conditions of Primas lease and the Manti La Sal Land
Management and Resource Plan. The drill pad is proposed to be located
at the intersection of Forest Service Roads 50244 and 50145.
Responsible Official
The Responsible Official for the Record of Decision is Elaine J.
Zieroth, Forest Supervisor, Manti-LaSal National Forest, 599 West Price
River Drive, Price, Utah 84501.
Scoping Process
This revised notice of intent initiates a new scoping process which
guides the development of the EIS. Scoping will be by newspaper legal
notice, mailings to interested parties and quarterly schedule of
proposed actions. No public meetings are planned.
Preliminary Issues
Preliminary issues have been identified. They include the effects
to the undeveloped character of the East Mountain Inventoried Roadless
Area, land stability and effects to wildlife.
Comment Requested
If you choose to participate, your comments should be in writing
and as specific as possible. All comments will be considered. Please
note: comments submitted, as well as the names and addresses of those
who comment, are considered part of the public record and will be
released if requested under the Freedom of Information Act. If you
provide a comment, you will remain on our mailing list for this
project. If you do not comment but want to remain on the mailing list,
please notify us. Those who do not comment or otherwise notify us will
be dropped from the mailing list for this project. The estimated dates
for filing the draft EIS is April 2003 and the FEIS is August 2003.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review
A DEIS will be prepared for comment. The comment period on the DEIS
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
DEIS 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 DEIS stage but that are not raised until after
completion of the FEIS 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 FEIS.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, comments on the DEIS 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 DEIS 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.
Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, section 21 and 21.2.
Dated: December 5, 2002.
Elaine J. Zieroth,
Forest Supervisor, MantiLaSal National Forest.
[FR Doc. 02-31413 Filed 12-12-02; 8:45 am]
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