[Federal Register: December 13, 2002 (Volume 67, Number 240)]
[Notices]
[Page 76714-76716]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13de02-24]
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DEPARTMENT OF AGRICULTURE
Forest Service
Lincoln Ranger District, Helena National Forest, Lewis & Clark
County, Montana Copper Creek Road Improvements
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare environmental impact statement.
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SUMMARY: The USDA, Forest Service will prepare an environmental impact
statement (EIS) on a proposal to improve the Copper Creek Road, which
includes repaving existing pavement, paving existing gravel, upgrading
dirt surface to gravel, and widening a single-lane bridge to a two
lane-bridge on an existing two-lane road. This project includes 14.2
miles of Copper Creek Road from the junction at State Highway 200
passing through Forest Service, State, and private land.
The Copper Creek Road provides access to Snowbank Lake, Copper
Creek Campground, and the Indian Meadow Trailhead for accessing the
Scapegoat Wilderness.
DATES: Comments concerning the proposal and scope of the analysis must
be received in writing by January 17, 2003. The draft EIS is expected
to be completed in summer of 2003 with the final EIS slated for fall/
winter of 2003.
ADDRESSES: Send written comments to Martie Schramm, Acting District
Ranger, Helena National Forest, Lincoln Ranger District, 7269 Highway
200, Lincoln, MT 59644. Phone: (406) 362-3425. Martie Schramm is also
the responsible official for this project.
FOR FURTHER INFORMATION, CONTACT: Charlie McKenna, Forest Engineer,
Helena National Forest, 2880 Skyway Drive, Helena, MT 59601. Phone
(406) 449-5201.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
The Lincoln Ranger District of the Helena National Forest has
identified the need for reduced sedimentation produced from erosion of
the Copper
[[Page 76715]]
Creek Road and for improved traffic safety for recreation and
management uses to the areas accessed by this road system.
Concerns for fish occupying this drainage include sediment running
off the aggregate surface of the road and adjacent road cuts as-well-as
several locations of the drainage that are cutting towards the roadbed,
and fish passage barriers existing at two locations cutting off
potential fish habitat.
In addition, Copper Creek Road in its current configuration has
several traffic hazards including a one-lane bridge that constricts
traffic flow and has approaches with poor visibility, roadbed alignment
with several narrow curves where driver vision is limited, and the
aggregate-surface segment of the road frequently develops washboards
and large potholes creating unsafe conditions for drivers.
Proposed Action
The Lincoln Ranger District, Helena National Forest, proposes to
make improvements to 14.2 mi of Copper Creek Road, located in the
Lincoln Ranger District, in Lewis and Clark County, Montana. The
project would include re-paving the existing 2.6 mi of paved road,
paving an additional 5.9 mi of the existing aggregate-surface (gravel)
road, improving the 5.7 mi of single-lane native-surface road above
Copper Creek Campground, replacing a one-lane bridge with a two-lane
bridge, replacing culverts to reestablish fish passage and to withstand
100-year flood events, and realigning some segments away from Copper
Creek. These realignments may require construction of retaining walls
for some road cuts and where space is limited, engineered structures
may be installed between the active stream channel and the road fill to
minimize further encroachment.
The segment from the junction with State Highway 200 to Copper
Creek Campground would meet the minimum standards necessary to support
the intended uses and improve user safety, while protecting affected
resources. The Lincoln Ranger District proposes to reconstruct the road
to an American Association of State Highway and Transportation
Officials design standard corresponding to ``Rural Recreational and
Scenic Roads.'' This design standard includes an overall width
(including shoulders) of 20 ft (6 m). The proposed design speed would
be low (0 to 45 mph).
The project includes mitigation measures to reduce impacts to
riparian areas, wildlife habitat and other resources. These measures
would include but not limited to:
a. Revegetating all disturbed areas with approved native
vegetation.
b. Controlling sediment movement by use of temporary structures
such as fabric fences and straw bales during construction.
c. Reducing impacts to streams by minimizing activities within the
active stream channel, and temporarily diverting the stream when
activities within the active stream channel can not be avoided.
d. Avoiding or minimizing removal of desirable woody debris and
disturbance to existing vegetation adjacent to streams to maintain
filter strips
e. Timing all construction activities to minimize disturbance to
wildlife.
f. Halting construction and stabilizing the activity area prior to
winter to minimize sediment yield at peak flows during spring thaw, as
required by the Forest Plan.
Preliminary Issues
Copper Creek provides critical spawning habitat for upper Blackfoot
River fluvial bull trout, a species listed as threatened under the
Endangered Species Act. Bull trout spawning occurs both upstream and
downstream of Snowbank Lake. Westslope cutthroat trout (a sensitive
species) are also found in Copper Creek.
Possible Alternatives
Alternatives being considered at this time are this proposal and
the no action (proceed with current maintenance).
Scoping Process
The Forest Service is seeking information and comments from
Federal, State and local agencies as well as individuals and
organizations that may be interested in, or affected by, the proposed
action. Preparation of the Draft Environmental Impact Statement will
use information from responses received from this NOI, a public meeting
this December in Lincoln, MT, and through a mailing informing the
public of this proposal. The Forest Service invites written comments
and suggestions related to and within the scope of this proposal.
Permits or Licenses Required
In order to proceed, this proposal may require the following
permits from the State of Montana:
[sbull] Application for Short-Term Water Quality Standard for
Turbidity Related to Construction Activity (318 Authorization).
[sbull] Stream Protection Act 124 Permit.
[sbull] Clean Water Act Section 401 Water Quality Certification.
Comment Requested
The comment period on the draft environmental impact statement will
be a minimum of 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 (http://www.epa.gov/epahome/cfr40.htm
).
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).
[[Page 76716]]
Implementation
The Lincoln Ranger District anticipates beginning construction on
the project in late summer 2004, stopping construction during the
winter months, and resuming construction the following year. The
project is expected to take 12 months to complete, including winter
shutdown.
No change to travel restrictions associated with this road or other
roads and trails accessed by this road would occur, as part of this
action.
Nature of Decision To Be Made
The decision framework refers to the scope of the decision that
will be issued at the conclusion of this analysis by the responsible
official. The decision will be based on information disclosed in the
environmental document, contained in the Project Analysis File, and
comments submitted during the scoping of the proposed action and the
comment period.
The Responsible Official may decide whether or not to:
[sbull] Select the Proposed Action,
[sbull] Select an alternative to the Proposed Action, or
[sbull] Select portions from the developed range of alternatives
and combine them in a logical package.
In selecting one of the above options, the terms and conditions of
the selection will be fully displayed and understood. Within the
parameters of this decision space, it will also be determined if a
Helena Land and Resource Management Plan amendment would be necessary.
The decision maker will take into consideration relationships of
alternatives to the identified significant issues.
Dated: December 9, 2002.
Dwight Chambers,
Acting Forest Supervisor.
[FR Doc. 02-31414 Filed 12-12-02; 8:45 am]
BILLING CODE 3410-11-P