Monongahela National Forest, West Virginia, Allegheny Wood Products Easement EIS, 20856-20857 [05-8083]
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20856
Federal Register / Vol. 70, No. 77 / Friday, April 22, 2005 / Notices
improve the diversity of forest
structures in to provide wildlife, fish,
and plant habitat diversity. For
recreation the goal is to provide
recreation facilities that are safe, meet
universal accessibility requirements,
and meet future needs while retaining
the rustic nature of the area and
improving the quality of the recreation
site around Brush Lake.
I am the Responsible Official for this
environmental analysis. My address is
Idaho Panhandle National Forests, 3815
Schreiber Way, Coeur d’Alene, ID
83814. The Record of Decision for the
Mission Brush project will identify the
land management activities to be
implemented in the project area
including acres and types of vegetative
treatments, fuels treatments,
construction of temporary roads,
decomissioning of temporary roads and
existing roads, access management, and
improvements at Brush Lake
Campground.
A Draft SEIS is expected to be
available for public review and
comment in April 2005; and a final
environmental impact statement in June
2005. The mailing list for this project
will include those individuals, agencies
and organizations on the mailing list for
the 2003 Draft EIS.
The comment period for the Draft
SEIS will be 45 days from the date the
EPA publishes the notice of availability
in the Federal Register. In accordance
with 36 CFR 215.5, as published in the
Federal Register, Volume 68 no. 107,
June 4, 2003, the Supplemental Draft
EIS comment period will be the
designated time in which ‘‘substantive’’
comments will be considered. In
addition, the public is encouraged to
contact or visit with Forest Service
officials during the analysis and prior to
the decision. The Forest Service will
continue to seek information,
comments, and assistance from Federal,
Tribal, State, and local agencies and
other individuals or organizations that
may be interested in or affected by the
proposed actions.
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
statement stage but that are not raised
VerDate jul<14>2003
15:27 Apr 21, 2005
Jkt 205001
until after completion of the final
environmental 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
related to 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.
The United States Department of
Agriculture (USDA) prohibits
discrimination in its programs on the
basis of race, color, national origin, sex,
religion, age, disability, political beliefs,
and marital or familial status. (Not all
prohibited bases apply to all programs.)
Persons with disabilities who require
alternative means of communication of
program information (braille, large
print, audiotape, etc.) should contact
USDA’s TARGET Center at (202) 720–
2600 (voice and TDD). To file a
complaint, write the Secretary of
Agriculture, U.S. Department of
Agriculture, Washington, DC 20250, or
call 800–245–6340 (voice) or 202–720–
1127 (TDD). USDA is an equal
employment opportunity employer.
The Idaho Panhandle National Forests
Supervisor will make a decision on this
project after considering comments and
responses, environmental consequences
discussed in the Supplemental Final
EIS, and applicable laws, regulations
and policies. The decision and
supporting reasons will be documented
in a Record of Decision.
Dated: April 11, 2005.
Ranotta K. McNair,
Forest Supervisor, Idaho Panhandle National
Forests.
[FR Doc. 05–7671 Filed 4–21–05; 8:45 am]
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DEPARTMENT OF AGRICULTURE
Forest Service
Monongahela National Forest, West
Virginia, Allegheny Wood Products
Easement EIS
Forest Service, USDA.
Notice of intent to prepare an
environmental impact statement.
AGENCY:
ACTION:
SUMMARY: The USDA Forest Service,
Monongahela National Forest intends to
prepare an Environmental Impact
Statement (EIS) to disclose the
environmental consequences of
authorizing an easement on National
Forest System lands. In the EIS, the
USDA Forest Service will address the
potential environmental impacts of
authorizing the use of an existing
abandoned railroad grade to provide
reasonable access to a landowner to
private lands in the Blackwater Canyon
area of Tucker County, West Virginia.
See the SUPPLEMENTARY INFORMATION
section for the Purpose and Need for
this action.
DATES: Comments concerning the scope
of the analysis must be received by May
31, 2005. The draft environmental
impact statement is expected August,
2005, and the final environmental
impact statement is expected November
2005.
ADDRESSES: Send written comments to
Bill Shields, NEPA Coordinator,
Monongahela National Forest, 200
Sycamore Street, Elkins, West Virginia
26241. Send electronic comments to
comments-easternmonongahela@fs.fed.us. See
SUPPLEMENTARY INFORMATION section for
information on how to send electronic
comments.
FOR FURTHER INFORMATION CONTACT: Bill
Shields, Forest NEPA Coordinator,
Monongahela National Forest, USDA
Forest Service; telephone: 304–636–
1800 extension 287. See address above
under ADDRESSES. Copies of the
documents may be requested at the
same address. Another means of
obtaining information is to visit the
Forest Web page at http//www.fs.fed.us/
r9/monongahela—click on ‘‘Forest
Planning’’ then scroll down to Proposed
Actions, the AWP Easement EIS.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
The Alaska National Interest Lands
Conservation Act (ANILCA) states that
the Secretary of Agriculture ‘‘shall
provide such access to non-federally
owned land within the boundaries of
the National Forest System as the
Secretary deems adequate to secure to
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Federal Register / Vol. 70, No. 77 / Friday, April 22, 2005 / Notices
the owner the reasonable use and
enjoyment thereof * * *’’ (§ 1323) The
responsibility and authority to grant
access has been delegated from the
Secretary to the Forest Supervisor.
Allegheny Wood Products (AWP) has
requested access consistent with the
ANILCA and the Federal Land Policy
and Management Act of 1976 (FLPMA)
to manage the timber resources on their
land between the Blackwater River and
the railroad grade through Blackwater
Canyon. Management activities on the
private land would include timber stand
improvement, commercial thinnings,
and forest protection from insects,
disease, and wildfire. There is no
deeded access to the AWP property. The
land is steep, and is bounded on the
south by the Blackwater River. The only
reasonable access to the AWP property
is via the railroad grade through the
Canyon, a portion of which AWP is a
half owner. The federal government
owns the other half of the grade, which
is administered by the Forest Service as
part of the Monongahela National
Forest.
Goal XIV of the Monongahela
National Forest Land and Reserve
Management Plan (Forest Plan) states
‘‘Permit use of National Forest land by
others, under special use or lease
authorities, that is compatible with
National forest goals and objectives and
will contribute to the improved quality
of life for local residents.’’
This authorization is needed to move
towards goal XIV of the Forest Plan.
Scoping Process
Scoping will be initiated by the
posting of this notice in the Federal
Register. Scoping letters will be mailed
to interested parties requesting input
from members of the public. Upon
completion of the Draft Environmental
Impact Statement (DEIS), comments will
be solicited through a Notice of
Availability in the Federal Register and
a mailing of the DEIS to those members
of the public who have responded to our
scoping efforts and other interested
parties.
Proposed Action
Early Notice of Importance of Public
Participation in Subsequent
Environmental Review
A draft environmental impact
statement will be prepared for comment.
The comment period on the draft
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
The Forest Service is proposing to
authorize an easement for the railroad
grade in Blackwater Canyon to
Alleghany Wood Products for the
management of their timbered property.
This authorization would include the
need for additional improvement of
sections of the road to allow motorized
vehicle use.
Responsible Official
Clyde Thompson, Forest Supervisor,
Monongahela National Forest; 200
Sycamore Street; Elkins, West Virginia
26241.
Nature of Decision To Be Made
The decision to be made is how to
provide access for Alleghany Wood
Products to their property adjacent to
National Forest System Lands. While
the No Action alternative will be
considered in the analysis, selection of
this alternative is precluded by the
requirements of the ANILCA.
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15:27 Apr 21, 2005
Jkt 205001
Preliminary Issues
There are several historic properties
along the railroad grade which are
eligible for inclusion in the National
Register of Historic Places. Repeated use
of this road by motorized equipment has
the potential to damage to these historic
properties. In addition, the railroad
grade may be eligible for inclusion in
the National Historic Register.
Comment Requested
This notice of intent initiates the
scoping process which guides the
development of the environmental
impact statement. In November, 2002 a
scoping letter was sent to members of
the public regarding this project. At that
point in time, it was believed that an
Environmental Assessment may be
appropriate. As a result of scoping and
further analysis, it has been determined
that an Environmental Impact Statement
is more appropriate due to the presence
and potential impacts to heratige
resources.
PO 00000
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20857
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 Wisonsin
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 address 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: April 14, 2005.
Clyde N. Thompson,
Forest Supervisor.
[FR Doc. 05–8083 Filed 4–21–05; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF AGRICULTURE
Forest Service
South Mt. Baker-Snoqualmie Resource
Advisory Committee (RAC)
Forest Service, USDA.
Notice of meetings.
AGENCY:
ACTION:
SUMMARY: The South Mt. BakerSnoqualmie Resource Advisory
Committee (RAC) will meet Friday, May
13, 2005 at the Snoqualmie Ranger
District office, 42404 SE., North Bend
Way, North Bend, WA 98045–9545.
The meeting will begin at 9 a.m. and
continue until about 4:30 p.m. Agenda
items to be covered include: (1) Election
of a new RAC committee Chairperson,
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]]>Agencies
[Federal Register Volume 70, Number 77 (Friday, April 22, 2005)]
[Notices]
[Pages 20856-20857]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8083]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Monongahela National Forest, West Virginia, Allegheny Wood
Products Easement EIS
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
-----------------------------------------------------------------------
SUMMARY: The USDA Forest Service, Monongahela National Forest intends
to prepare an Environmental Impact Statement (EIS) to disclose the
environmental consequences of authorizing an easement on National
Forest System lands. In the EIS, the USDA Forest Service will address
the potential environmental impacts of authorizing the use of an
existing abandoned railroad grade to provide reasonable access to a
landowner to private lands in the Blackwater Canyon area of Tucker
County, West Virginia. See the SUPPLEMENTARY INFORMATION section for
the Purpose and Need for this action.
DATES: Comments concerning the scope of the analysis must be received
by May 31, 2005. The draft environmental impact statement is expected
August, 2005, and the final environmental impact statement is expected
November 2005.
ADDRESSES: Send written comments to Bill Shields, NEPA Coordinator,
Monongahela National Forest, 200 Sycamore Street, Elkins, West Virginia
26241. Send electronic comments to comments-eastern-
monongahela@fs.fed.us. See SUPPLEMENTARY INFORMATION section for
information on how to send electronic comments.
FOR FURTHER INFORMATION CONTACT: Bill Shields, Forest NEPA Coordinator,
Monongahela National Forest, USDA Forest Service; telephone: 304-636-
1800 extension 287. See address above under ADDRESSES. Copies of the
documents may be requested at the same address. Another means of
obtaining information is to visit the Forest Web page at http//
www.fs.fed.us/r9/monongahela_click on ``Forest Planning'' then scroll
down to Proposed Actions, the AWP Easement EIS.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
The Alaska National Interest Lands Conservation Act (ANILCA) states
that the Secretary of Agriculture ``shall provide such access to non-
federally owned land within the boundaries of the National Forest
System as the Secretary deems adequate to secure to
[[Page 20857]]
the owner the reasonable use and enjoyment thereof * * *'' (Sec. 1323)
The responsibility and authority to grant access has been delegated
from the Secretary to the Forest Supervisor. Allegheny Wood Products
(AWP) has requested access consistent with the ANILCA and the Federal
Land Policy and Management Act of 1976 (FLPMA) to manage the timber
resources on their land between the Blackwater River and the railroad
grade through Blackwater Canyon. Management activities on the private
land would include timber stand improvement, commercial thinnings, and
forest protection from insects, disease, and wildfire. There is no
deeded access to the AWP property. The land is steep, and is bounded on
the south by the Blackwater River. The only reasonable access to the
AWP property is via the railroad grade through the Canyon, a portion of
which AWP is a half owner. The federal government owns the other half
of the grade, which is administered by the Forest Service as part of
the Monongahela National Forest.
Goal XIV of the Monongahela National Forest Land and Reserve
Management Plan (Forest Plan) states ``Permit use of National Forest
land by others, under special use or lease authorities, that is
compatible with National forest goals and objectives and will
contribute to the improved quality of life for local residents.''
This authorization is needed to move towards goal XIV of the Forest
Plan.
Proposed Action
The Forest Service is proposing to authorize an easement for the
railroad grade in Blackwater Canyon to Alleghany Wood Products for the
management of their timbered property. This authorization would include
the need for additional improvement of sections of the road to allow
motorized vehicle use.
Responsible Official
Clyde Thompson, Forest Supervisor, Monongahela National Forest; 200
Sycamore Street; Elkins, West Virginia 26241.
Nature of Decision To Be Made
The decision to be made is how to provide access for Alleghany Wood
Products to their property adjacent to National Forest System Lands.
While the No Action alternative will be considered in the analysis,
selection of this alternative is precluded by the requirements of the
ANILCA.
Scoping Process
Scoping will be initiated by the posting of this notice in the
Federal Register. Scoping letters will be mailed to interested parties
requesting input from members of the public. Upon completion of the
Draft Environmental Impact Statement (DEIS), comments will be solicited
through a Notice of Availability in the Federal Register and a mailing
of the DEIS to those members of the public who have responded to our
scoping efforts and other interested parties.
Preliminary Issues
There are several historic properties along the railroad grade
which are eligible for inclusion in the National Register of Historic
Places. Repeated use of this road by motorized equipment has the
potential to damage to these historic properties. In addition, the
railroad grade may be eligible for inclusion in the National Historic
Register.
Comment Requested
This notice of intent initiates the scoping process which guides
the development of the environmental impact statement. In November,
2002 a scoping letter was sent to members of the public regarding this
project. At that point in time, it was believed that an Environmental
Assessment may be appropriate. As a result of scoping and further
analysis, it has been determined that an Environmental Impact Statement
is more appropriate due to the presence and potential impacts to
heratige resources.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review
A draft environmental impact statement will be prepared for
comment. The comment period on the draft 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 Wisonsin 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 address 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: April 14, 2005.
Clyde N. Thompson,
Forest Supervisor.
[FR Doc. 05-8083 Filed 4-21-05; 8:45 am]
BILLING CODE 3410-11-M
