Marten Creek Timber Sales and Associated Activities Kootenai National Forest, Sanders County, MT, 37745-37746 [05-12892]
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37745
Notices
Federal Register
Vol. 70, No. 125
Thursday, June 30, 2005
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Forest Service
Marten Creek Timber Sales and
Associated Activities Kootenai
National Forest, Sanders County, MT
Forest Service, USDA.
Notice of intent to prepare an
Environmental Impact Statement.
AGENCY:
ACTION:
SUMMARY: The USDA, Forest Service,
will prepare an Environmental Impact
Statement (EIS) to disclose the
environmental effects of timber harvest,
prescribed fire, and watershed
rehabilitation in the Marten Creek
project area on the Cabinet Ranger
District of the Kootenai National Forest.
The Marten Creek project area is located
approximately 7 air miles northwest of
Trout Creek, Montana, near the
community of Trout Creek, Montana.
Scoping Comment Date: Comments
concerning the scope of the analysis
should be postmarked or received by
September 2, 2005.
ADDRESSES: Written comments and
suggestions concerning the scope of the
analysis should be sent to Julie Molzahn
(jmolzahn@fs.fed.us), District Ranger,
Cabinet Ranger District, 2693 Hwy 200,
Trout Creek, Montana, 59874.
FOR FURTHER INFORMATION CONTACT:
Dave Clay (dclay@fs.fed.us), Project
Leader, Cabinet Ranger District. Phone:
(406) 827–3533.
SUPPLEMENTARY INFORMATION: The
Marten Creek project area contains
approximately 43,770 acres of land
within the Kootenai National Forest in
Sanders County, Montana. The legal
location of the Marten Creek project area
is as follows: All or portions of T25N,
R34W; T25N, R33W; T25N, R32W,
T24N, R33W, and T24N, R32W; PMM,
Sanders County, Montana. The
proposed actions would occur on
National Forest lands in the Marten
Creek drainage. All proposed timber
harvest activities are outside the
VerDate jul<14>2003
16:26 Jun 29, 2005
Jkt 205001
boundaries of any inventoried roadless
area or any areas considered for
inclusion to the National Wilderness
System as recommended by the
Kootenai National Forest Plan or by any
past or present legislative wilderness
proposals, with the exception of
approximately 3,878 acres of
underburning-only in the McNeeley and
Devil’s Gap Inventoried Roadless Area.
The purpose and need for this project
is to: (1) Manage for vegetation
conditions that are suitable for firedepartment ecosystems; (2) Improve and
maintain big game winter range; (3)
Enhance or maintain conditions in old
growth forest stands; (4) Reduce excess
fuel loads in the Wildland/Urban
interface; (5) Improve growing
conditions and long term management
of overstocked mid-successional stands;
(6) Enhance the rate of natural recovery
of streams; and (7) Contribute forest
products to the local and regional
economy.
The Forest Service proposes to
harvest timber through application of a
variety of harvest methods of
approximately 1,860 acres of forestland
within the Marten Creek project area.
Use of existing, temporary and
permanent roads would be needed to
access timber harvest areas. An
estimated 47.0 miles of existing roads
would be reconstructed in addition to
7.0 miles of new specified road
construction to facilitate timber removal
and improve access for resource
management. An estimated 1.0 miles of
temporary road would be constructed
and obliterated following completion of
sale related activities. An additional 7.0
miles of existing road no longer needed
for resource management, at this time,
would be decommissioned by various
methods, such as removal of culverts,
recontouring, and ripping and seeding.
The method of decommissioning would
be selected for each road or portion of
road on a site-specific basis.
Regeneration Harvest: This harvest
would leave approximately 20–30 large
trees per acre as individual trees and in
groups, where feasible, to provide future
snags and down woody material for
wildlife habitat. A total of
approximately 303 acres would be
harvested through this method.
Intermediate Harvest: This type of
harvest would commercially thin
codominant and intermediate trees
while retaining a stocked stand of
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
overstory trees on approximately 1,557
acres.
Underburning: Underburning is
proposed on approximately 6,676 acres
outside harvest units to reduce fuel
loads and reduce fire risk.
Burning of Natural Fuels and Slash:
Burning of natural fuels and slash
resulting from timber harvest is
proposed on approximately 1,860 acres.
Watershed/Fish Habitat Improvement:
Watershed improvement projects are
proposed for approximately 20 sites on
approximately seven miles of road.
These would include removing failed
culverts, saturated road prisms and
restoring channels at road crossings.
Additional stream channel restoration
projects are proposed on approximately
one mile of the mainstream of Marten
Creek and approximately one-half mile
of the South Fork of Marten Creek.
Riparian revegetation aimed at
providing bank stability is being
proposed on approximately two miles of
stream banks within the middle reaches
of Marten and South Fork of Marten
Creek drainage. Reconstruction
proposed for the project would apply
Best Management Practices on
approximately 47.0 miles of existing
road.
Range of Alternatives: The Forest
Service will consider a range of
alternatives. One of these will be the
‘‘no action’’ alternative in which none of
the proposed activities would be
implemented. Additional alternatives
will examine varying levels and
locations for the proposed activities to
achieve the proposal’s purposes, as well
as to respond to the issues and other
resource values.
Public Involvement and Scoping: In
July, 2005 preliminary efforts were
made to involve the public in
considering management opportunities
within the Marten Creek Decision Area.
Comments received prior to this notice
will be included in the documentation
for the EIS. This proposal includes
openings greater than 40 acres. A 60 day
public review period, and approval by
the Regional Forester for exceeding the
40 acre limitation for regeneration
harvest will occur prior to the signing of
the Record of Decision. This 60 day
period is initiated with this Notice of
Intent.
Forest Plan Amendments: The
Proposed Action includes two projectspecific Forest Plan amendments
E:\FR\FM\30JNN1.SGM
30JNN1
37746
Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Notices
necessary to meet the project’s
objectives: (1) An amendment to allow
removal of existing cavity habitat in MA
10 (big game winter range). This
amendment would be needed to allow
removal of some snags within the
cutting units. OSHA regulations require
that many snags in logging units be
felled to ensure the safety of forest
workers. Therefore, we would anticipate
the loss of some but not all standing
dead timber for both safety concerns
and harvest system logistics, and this
would reduce ‘‘cavity habitat’’
associated with snags in the MA to some
degree.
(2) An amendment to allow MA 12
open road density to be managed by
0.80 miles/square mile during project
implementation. The amendment would
be needed to suspend Facilities
Standard #3, which states that open
road density should be maintained by
0.75 miles/square mile. The open road
density would return to 0.75 following
project completion.
Estimated Dates for Filing: The Draft
EIS is expected to be filed with the
Environmental Protection Agency (EPA)
and available for public review by
March 2006. At that time, EPA will
publish a Notice of Availability of the
Draft EIS in the Federal Register. The
comment period on the Draft EIS will be
a minimum of 45 days from the date of
EPA publishes the Notice of Availability
in the Federal Register. It is very
important that those interested in the
management of this area participate at
that time.
The Final EIS is scheduled to be
complete by May 2006. In the final EIS,
the Forest Service will respond to
comments and responses received
during the comment period that pertain
to the environmental consequences
discussed in the Draft EIS and
applicable laws, regulations, and
policies considered in making a
decision regarding the proposal.
Reviewer’s Obligations: 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
EIS’s 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 EIS stage but that are
not raised until after completion of the
Final EIS may be waived or dismissed
by the courts. City of Angoon v. Hodel,
803 F.2d 1016, 1022 (9th cir. 1986) and
VerDate jul<14>2003
16:26 Jun 29, 2005
Jkt 205001
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 Draft EIS 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 and respond to
them in the Final EIS.
To assist the Forest Service in
identifying and considering issues and
concerns on the proposed action,
comments on the draft environmental
impact statements 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 EIS or the merits
of the alternatives formulated and
discussed in the statements. 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.)
Responsible Official: As the Forest
Supervisor of the Kootenai National
Forest, 1101 U.S. Highway 2 West,
Libby, MT 59923, I am the Responsible
Official. As the Responsible Official, I
will decide if the proposal project will
be implemented. I will document the
decision and reasons for the decision in
the Record of Decision. That decision
will be subject to Forest Service Appeal
Regulations. I have delegated the
responsibility for preparing the DEIS
and FEIS to Julie Molzahn, District
Ranger, Cabinet Ranger District, 2963
Hwy 200, Trout Creek, Montana 59874.
Dated: June 22, 2005.
Bob Castaneda,
Forest Supervisor, Kootenai National Forest.
[FR Doc. 05–12892 Filed 6–29–05; 8:45 am]
BILLING CODE 3410–11–M
ANTITRUST MODERNIZATION
COMMISSION
Notice of Public Hearings
Antitrust Modernization
Commission.
ACTION: Notice of public hearings.
AGENCY:
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
SUMMARY: The Antitrust Modernization
Commission will hold public hearings
on July 28, 2005. The topics of the
hearings are the Robinson-Patman Act
and certain civil remedies issues.
July 28, 2005, 9:15 a.m. to 11:30
a.m. and 12:30 p.m. to 5 p.m. Interested
members of the public may attend.
Registration is not required.
DATES:
Federal Trade Commission,
Conference Center, 601 New Jersey
Avenue, NW., Washington, DC.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Andrew J. Heimert, Executive Director &
General Counsel, Antitrust
Modernization Commission: telephone:
(202) 233–0701; e-mail: info@amc.gov.
Mr. Heimert is also the Designated
Federal Officer (DFO) for the Antitrust
Modernization Commission.
The
purpose of these hearings is for the
Antitrust Modernization Commission to
take testimony and receive evidence
regarding the Robinson-Patman Act and
certain civil remedies issues. The
hearing on the Robinson-Patman Act
will consist of one panel. It will begin
at 9:15 a.m. and adjourn at 11:30 a.m.
The hearing on civil remedies issues
will consist of two panels. The first civil
remedies panel will address damages
multipliers, attorneys’ fees, and
prejudgment interest. The panel will
begin at 12:30 p.m. and run until 3 p.m.
The second civil remedies panel will
address joint and several liability,
contribution, and claim reduction, and
will run from 3 p.m. to 5 p.m. Materials
relating to the hearings, including lists
of witnesses and the prepared
statements of the witnesses, will be
made available on the Commission’s
Web site (https://www.amc.gov) in
advance of the hearings. The starting
time for the panel on Robinson-Patman
Act is approximate, as the Commission
will be holding a public meeting
beginning at 9 a.m., the notice of which
is published elsewhere in this issue of
the Federal Register.
Interested members of the public may
submit written testimony on the subject
of the hearing in the form of comments,
pursuant to the Commission’s request
for comments. See 70 FR 28,902 (May
19, 2005). Members of the public will
not be provided with an opportunity to
make oral remarks at the hearings.
The AMC is holding this hearing
pursuant to its authorizing statute.
Antitrust Modernization Commission
Act of 2002, Pub. L. 107–273,
§ 11057(a), 116 Stat. 1758, 1858.
SUPPLEMENTARY INFORMATION:
Dated: June 24, 2005.
E:\FR\FM\30JNN1.SGM
30JNN1
Agencies
[Federal Register Volume 70, Number 125 (Thursday, June 30, 2005)]
[Notices]
[Pages 37745-37746]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12892]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 /
Notices
[[Page 37745]]
DEPARTMENT OF AGRICULTURE
Forest Service
Marten Creek Timber Sales and Associated Activities Kootenai
National Forest, Sanders County, MT
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an Environmental Impact Statement.
-----------------------------------------------------------------------
SUMMARY: The USDA, Forest Service, will prepare an Environmental Impact
Statement (EIS) to disclose the environmental effects of timber
harvest, prescribed fire, and watershed rehabilitation in the Marten
Creek project area on the Cabinet Ranger District of the Kootenai
National Forest. The Marten Creek project area is located approximately
7 air miles northwest of Trout Creek, Montana, near the community of
Trout Creek, Montana.
Scoping Comment Date: Comments concerning the scope of the analysis
should be postmarked or received by September 2, 2005.
ADDRESSES: Written comments and suggestions concerning the scope of the
analysis should be sent to Julie Molzahn (jmolzahn@fs.fed.us), District
Ranger, Cabinet Ranger District, 2693 Hwy 200, Trout Creek, Montana,
59874.
FOR FURTHER INFORMATION CONTACT: Dave Clay (dclay@fs.fed.us), Project
Leader, Cabinet Ranger District. Phone: (406) 827-3533.
SUPPLEMENTARY INFORMATION: The Marten Creek project area contains
approximately 43,770 acres of land within the Kootenai National Forest
in Sanders County, Montana. The legal location of the Marten Creek
project area is as follows: All or portions of T25N, R34W; T25N, R33W;
T25N, R32W, T24N, R33W, and T24N, R32W; PMM, Sanders County, Montana.
The proposed actions would occur on National Forest lands in the Marten
Creek drainage. All proposed timber harvest activities are outside the
boundaries of any inventoried roadless area or any areas considered for
inclusion to the National Wilderness System as recommended by the
Kootenai National Forest Plan or by any past or present legislative
wilderness proposals, with the exception of approximately 3,878 acres
of underburning-only in the McNeeley and Devil's Gap Inventoried
Roadless Area.
The purpose and need for this project is to: (1) Manage for
vegetation conditions that are suitable for fire-department ecosystems;
(2) Improve and maintain big game winter range; (3) Enhance or maintain
conditions in old growth forest stands; (4) Reduce excess fuel loads in
the Wildland/Urban interface; (5) Improve growing conditions and long
term management of overstocked mid-successional stands; (6) Enhance the
rate of natural recovery of streams; and (7) Contribute forest products
to the local and regional economy.
The Forest Service proposes to harvest timber through application
of a variety of harvest methods of approximately 1,860 acres of
forestland within the Marten Creek project area. Use of existing,
temporary and permanent roads would be needed to access timber harvest
areas. An estimated 47.0 miles of existing roads would be reconstructed
in addition to 7.0 miles of new specified road construction to
facilitate timber removal and improve access for resource management.
An estimated 1.0 miles of temporary road would be constructed and
obliterated following completion of sale related activities. An
additional 7.0 miles of existing road no longer needed for resource
management, at this time, would be decommissioned by various methods,
such as removal of culverts, recontouring, and ripping and seeding. The
method of decommissioning would be selected for each road or portion of
road on a site-specific basis.
Regeneration Harvest: This harvest would leave approximately 20-30
large trees per acre as individual trees and in groups, where feasible,
to provide future snags and down woody material for wildlife habitat. A
total of approximately 303 acres would be harvested through this
method.
Intermediate Harvest: This type of harvest would commercially thin
codominant and intermediate trees while retaining a stocked stand of
overstory trees on approximately 1,557 acres.
Underburning: Underburning is proposed on approximately 6,676 acres
outside harvest units to reduce fuel loads and reduce fire risk.
Burning of Natural Fuels and Slash: Burning of natural fuels and
slash resulting from timber harvest is proposed on approximately 1,860
acres.
Watershed/Fish Habitat Improvement: Watershed improvement projects
are proposed for approximately 20 sites on approximately seven miles of
road. These would include removing failed culverts, saturated road
prisms and restoring channels at road crossings. Additional stream
channel restoration projects are proposed on approximately one mile of
the mainstream of Marten Creek and approximately one-half mile of the
South Fork of Marten Creek. Riparian revegetation aimed at providing
bank stability is being proposed on approximately two miles of stream
banks within the middle reaches of Marten and South Fork of Marten
Creek drainage. Reconstruction proposed for the project would apply
Best Management Practices on approximately 47.0 miles of existing road.
Range of Alternatives: The Forest Service will consider a range of
alternatives. One of these will be the ``no action'' alternative in
which none of the proposed activities would be implemented. Additional
alternatives will examine varying levels and locations for the proposed
activities to achieve the proposal's purposes, as well as to respond to
the issues and other resource values.
Public Involvement and Scoping: In July, 2005 preliminary efforts
were made to involve the public in considering management opportunities
within the Marten Creek Decision Area. Comments received prior to this
notice will be included in the documentation for the EIS. This proposal
includes openings greater than 40 acres. A 60 day public review period,
and approval by the Regional Forester for exceeding the 40 acre
limitation for regeneration harvest will occur prior to the signing of
the Record of Decision. This 60 day period is initiated with this
Notice of Intent.
Forest Plan Amendments: The Proposed Action includes two project-
specific Forest Plan amendments
[[Page 37746]]
necessary to meet the project's objectives: (1) An amendment to allow
removal of existing cavity habitat in MA 10 (big game winter range).
This amendment would be needed to allow removal of some snags within
the cutting units. OSHA regulations require that many snags in logging
units be felled to ensure the safety of forest workers. Therefore, we
would anticipate the loss of some but not all standing dead timber for
both safety concerns and harvest system logistics, and this would
reduce ``cavity habitat'' associated with snags in the MA to some
degree.
(2) An amendment to allow MA 12 open road density to be managed by
0.80 miles/square mile during project implementation. The amendment
would be needed to suspend Facilities Standard 3, which states
that open road density should be maintained by 0.75 miles/square mile.
The open road density would return to 0.75 following project
completion.
Estimated Dates for Filing: The Draft EIS is expected to be filed
with the Environmental Protection Agency (EPA) and available for public
review by March 2006. At that time, EPA will publish a Notice of
Availability of the Draft EIS in the Federal Register. The comment
period on the Draft EIS will be a minimum of 45 days from the date of
EPA publishes the Notice of Availability in the Federal Register. It is
very important that those interested in the management of this area
participate at that time.
The Final EIS is scheduled to be complete by May 2006. In the final
EIS, the Forest Service will respond to comments and responses received
during the comment period that pertain to the environmental
consequences discussed in the Draft EIS and applicable laws,
regulations, and policies considered in making a decision regarding the
proposal.
Reviewer's Obligations: 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 EIS's 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 EIS stage but that are not raised until after completion of the
Final EIS 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 Draft EIS 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 and respond to them in the Final EIS.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, comments on the draft
environmental impact statements 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
EIS or the merits of the alternatives formulated and discussed in the
statements. 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.)
Responsible Official: As the Forest Supervisor of the Kootenai
National Forest, 1101 U.S. Highway 2 West, Libby, MT 59923, I am the
Responsible Official. As the Responsible Official, I will decide if the
proposal project will be implemented. I will document the decision and
reasons for the decision in the Record of Decision. That decision will
be subject to Forest Service Appeal Regulations. I have delegated the
responsibility for preparing the DEIS and FEIS to Julie Molzahn,
District Ranger, Cabinet Ranger District, 2963 Hwy 200, Trout Creek,
Montana 59874.
Dated: June 22, 2005.
Bob Castaneda,
Forest Supervisor, Kootenai National Forest.
[FR Doc. 05-12892 Filed 6-29-05; 8:45 am]
BILLING CODE 3410-11-M