Black Hills National Forest, Mystic Ranger District, SD, Slate Castle Project Area, 67118-67120 [E8-26797]
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67118
Notices
Federal Register
Vol. 73, No. 220
Thursday, November 13, 2008
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
Submission for OMB Review;
Comment Request
mstockstill on PROD1PC66 with NOTICES
November 7, 2008.
The Department of Agriculture has
submitted the following information
collection requirement(s) to OMB for
review and clearance under the
Paperwork Reduction Act of 1995,
Public Law 104–13. Comments
regarding (a) whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of burden including the validity of the
methodology and assumptions used; (c)
ways to enhance the quality, utility and
clarity of the information to be
collected; (d) ways to minimize the
burden of the collection of information
on those who are to respond, including
through the use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology should be addressed to: Desk
Officer for Agriculture, Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB),
OIRA_Submission@OMB.EOP.GOV or
fax (202) 395–5806 and to Departmental
Clearance Office, USDA, OCIO, Mail
Stop 7602, Washington, DC 20250–
7602. Comments regarding these
information collections are best assured
of having their full effect if received
within 30 days of this notification.
Copies of the submission(s) may be
obtained by calling (202) 720–8681.
An agency may not conduct or
sponsor a collection of information
unless the collection of information
displays a currently valid OMB control
number and the agency informs
potential persons who are to respond to
the collection of information that such
persons are not required to respond to
VerDate Aug<31>2005
17:13 Nov 12, 2008
Jkt 217001
the collection of information unless it
displays a currently valid OMB control
number.
statement on a proposal to use multiple
vegetation treatments focused on
reducing the threat to ecosystem
components including forest resources
Rural Utility Service
from an existing insect and disease
Title: 7 CFR 1780, Water and Waste
epidemic (mountain pine beetle),
Loan and Grant Program.
creating a landscape condition more
OMB Control Number: 0572–0121.
adapted to fire and that reduces
Summary of Collection: Section 306 of potential for high severity wildfire near
the Consolidated Farm and Rural
at-risk communities and in the
Development Act (CONACT), 7 U.S.C.
wildland-urban interface. The proposal
1926, authorizes Rural Utilities Service
is being planned for the 44,500 acre
(RUS) to make loans to public agencies,
Slate Castle Project Area that includes
nonprofit corporations, and Indian
about 38,300 acres of National Forest
tribes for the development of water and
System land and about 6,200 acres of
waste disposal facilities primarily
interspersed private land. The project
servicing rural residents with
area generally extends from northwest
populations up to 10,000 residents.
of Hill City, South Dakota and east of
Need and Use of the Information:
Deerfield Lake. This project will be
Rural Development’s field offices will
conducted as an authorized project
collect information from applicants/
under Section 102 of the Healthy
borrowers and consultants to determine Forests Restoration Act of 2003 (HFRA).
eligibility and project feasibility. The
Actions proposed for the Slate Castle
information will help to ensure
Project Area include the following:
borrowers operate on a sound basis and
• Thin and harvest approximately
use loan funds for authorized purposes. 31,000 acres of pine stands using a
There are agency forms required as well variety of methods to treat mountain
as other requirements that involve
pine beetle (MPB) infested stands,
certifications from the borrower,
reduce the overall density of pine trees
lenders, and other parties. Failure to
and create a mosaic of structural stages
collect proper information could result
across the landscape. Both commercial
in improper determinations of
harvest and noncommercial thinning
eligibility, use of funds and or unsound
will be used to reduce the stand density,
loans.
and associated fuel hazard conditions
Description of Respondents: State,
and susceptibility to mountain pine
Local or Tribal Government; Not-forbeetle infestations.
profit institutions.
• Reduce the amount of fuels that
Number of Respondents: 7,000.
currently exists and that created by
Frequency of Responses:
vegetation treatment activities.
Recordkeeping; Reporting: On occasion; Treatment could include lopping,
Annually; Weekly.
chipping, crushing, piling and burning,
Total Burden Hours: 133,309.
and creating fuel breaks along roads and
adjacent to private property, particularly
Charlene Parker,
those properties with houses and
Departmental Information Collection
subdivisions. Prescribed broadcast and
Clearance Officer.
pile burning of up to 35,000 acres is also
[FR Doc. E8–26937 Filed 11–12–08; 8:45 am]
planned to disrupt the continuity of
BILLING CODE 3410–15–P
surface and canopy fuels, and to
increase the quantity and quality of
forage for big game and other wildlife
DEPARTMENT OF AGRICULTURE
resources.
Forest Service
• Remove conifers from hardwood
stands such as aspen and birch, and
Black Hills National Forest, Mystic
restore meadows on approximately
Ranger District, SD, Slate Castle
4,400 acres to provide habitat diversity
Project Area
and additional wildfire protection by
restoring natural fuel breaks.
AGENCY: Forest Service, USDA.
DATES: Comments concerning the scope
ACTION: Notice of intent to prepare an
of the analysis would be most useful if
Environmental Impact Statement (EIS).
received by 30-days following the date
of this notice. The draft environmental
SUMMARY: The Forest Service will
impact statement is expected to be
prepare an environmental impact
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Federal Register / Vol. 73, No. 220 / Thursday, November 13, 2008 / Notices
mstockstill on PROD1PC66 with NOTICES
available for public review by March
2009 and the final environmental
impact statement is expected to be
completed by July 2009.
ADDRESSES: Send written comments to
Robert J. Thompson, District Ranger,
Black Hills National Forest, Mystic
Ranger District, Slate Castle Project
Area, 8221 South Highway 16, Rapid
City, South Dakota 57702. Telephone
Number: (605) 343–1567. E-mail:
comments-rocky-mountain-black-hillsmystic@fs.fed.us with ‘‘Slate Castle’’ as
the subject. Electronic comments must
be readable in Word, Rich Text or PDF
formats.
FOR FURTHER INFORMATION CONTACT: If
you have any questions or need
additional information, please contact
Katie Van Alstyne, Team Leader or
Robert J. Thompson, District Ranger, at
the Mystic Ranger District office in
Rapid City at (605) 343–1567.
SUPPLEMENTARY INFORMATION: The
actions proposed are in direct response
to management direction provided by
the Black Hills National Forest Land
and Resource Management Plan (Forest
Plan). The site specific actions are
designed, based on Forest Plan
Standards and Guidelines, to move
existing resource conditions in the Slate
Castle Project Area toward meeting
Forest Plan Goals and Objectives. The
project area generally extends from
northwest of Hill City, South Dakota
and east of Deerfield Lake. Anticipated
issues include: reducing MPB
infestation and risk; protecting local
communities, private and public lands,
infrastructure and access from severe
wildfire; associated fire and fuels hazard
reduction needs in the wildland-urban
interface; support or opposition to forest
thinning using commercial timber
harvest; impacts of vegetation treatment
and multiple forest uses on wildlife
habitat. The range of alternatives
analyzed in the EIS is expected to be
consistent with Sec. 104 of HFRA.
Purpose and Need for Action
The purpose of the Slate Castle
Project is to:
• Move toward achieving desired
land and resource conditions, as
provided by the Forest Plan.
• Reduce the threat to ecosystem
components including forest resources,
from the existing insect and disease
(mountain pine beetle) epidemic.
• Restore resource conditions to a
healthy, resilient fire-adapted
ecosystem.
• Help protect local communities and
resources from catastrophic wildfire.
This project is focused on
implementing management actions that
move toward achieving:
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17:13 Nov 12, 2008
Jkt 217001
• Desired conditions and objectives
embodied in Goals 2, 3, 7, and 10 of the
Forest Plan (as amended).
• Goals and objectives applicable to
Forest Plan Management Area (MA)
2.2—Research Natural Areas (∼40 acres);
MA 3.7—Late Successional Forest
Landscape (∼460 acres); MA 5.1—
Resource Production Emphasis (∼23,800
acres); and MA 5.4—Big Game Winter
Range Emphasis (∼13,960 acres), that lie
within Slate Castle Project Area,
described in Chapter III of the Forest
Plan (Phase II Amendment).
• Goals of the Healthy Forest
Restoration Act (HFRA) of 2003 (HR
1904) and other National level
initiatives and policy that provide
procedural tools to hasten processes
focused on reducing insects or disease
on public and adjacent private lands,
and reducing the probability and
occurrence of severe wildfire in the fire
adapted ecosystems, especially near at
risk communities and in the wildlandurban interface. Moreover, it is
appropriate that proposed actions be
designed in consideration of the fuels
hazard reduction management
recommendations and guidelines
provided by the Pennington County
Community Wildfire Protection Plan of
2007.
Proposed Action
Proposed actions include the
following:
• Thin and harvest approximately
31,000 acres of pine stands using a
variety of methods to treat MPB infested
stands, reduce the overall density of
pine trees and create a mosaic of
structural stages across the landscape.
Both commercial and non-commercial
sized trees would be removed utilizing
multiple contracts including
stewardship, timber sale, and service
contracts.
• Disrupt the continuity of surface
and canopy fuels to help reduce the
potential for large-scale, intense wildfire
spread. Treatment could include
thinning, lopping, chipping, crushing,
piling, and burning; restoring natural
fuel breaks by removing conifers that
have encroached upon meadows and
hardwood stands on approximately
4,400 acres; creating fuel breaks along
roads and adjacent to private property—
particularly those properties with
houses and subdivisions. Prescribed
broadcast and pile burning of up to
35,000 acres is also planned to reduce
the natural, as well as the managementcaused accumulation of fuels and to
benefit big game and other wildlife
resources.
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67119
Responsible Official
Robert J. Thompson, District Ranger,
Mystic Ranger District, Black Hills
National Forest, 8221 South Highway
16, Rapid City, South Dakota 57702.
Nature of Decision To Be Made
The decision to be made is whether or
not to implement the proposed action or
possible alternative at this time.
Scoping Process
Comments and input regarding the
proposal will be received via direct
mailing from the public, other groups,
and agencies during the initial public
comment period in November and
December 2008. If you would like to be
more involved, a public meeting is
scheduled for Tuesday, December 2,
2008, from 7 p.m. to 9 p.m. in the City
Hall conference room in Hill City, South
Dakota. Comments submitted based on
this NOI will be most useful if received
within 30 days from the date of this
notice. Response to the draft EIS will be
sought from the interested public
beginning in March 2009.
Comment Requested
This notice of intent provides
information that the agency will prepare
an environmental impact statement in
response to public comment and
feedback during the November and
December 2008, scoping period.
Comments received will assist the
planning team to develop the mailing
list for the draft EIS and help identify
key issues and opportunities used to
refine the proposal or possible
alternative and mitigation measures.
Comments on the DEIS will be
requested during the 45 day comment
period following the Notice of
Availability, expected to be published
in the Federal Register in March 2009
(See discussion below).
Early Notice of Importance of Public
Participation in Subsequent
Environmental Review: 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 reviewers position and
contentions. Vermont Yankee Nuclear
Power Corp. v. NRDC, 435 US. 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
E:\FR\FM\13NON1.SGM
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67120
Federal Register / Vol. 73, No. 220 / Thursday, November 13, 2008 / Notices
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.
Authority: 40 CFR 1501.7 and 1508.22;
Forest Service Handbook 1909.15, Section
21.
Dated: November 5, 2008.
Craig Bobzien,
Forest Supervisor, Black Hills National Forest.
[FR Doc. E8–26797 Filed 11–12–08; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596–AC66
Land Management Plan Guidance
Forest Service, USDA.
Notice of issuance of agency
interim directive; request for comment.
AGENCY:
mstockstill on PROD1PC66 with NOTICES
ACTION:
SUMMARY: The Forest Service is issuing
an interim directive revising Forest
Service Handbook 1909.12, chapter 10,
to guide agency employees in
developing, amending, or revising land
management plans for units of the
National Forest System about the
content of land management plans. The
chapter focuses particularly on writing
plan components, describing the
monitoring program, and considering
individual resources during the
planning process. The intended effect of
issuing this interim directive is to
provide consistent, overall guidance to
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17:13 Nov 12, 2008
Jkt 217001
Forest Service line officers and agency
employees. As an interim directive, the
direction is effective immediately.
Public comment is invited and will be
considered in developing a final
directive.
DATES: Interim directive number
1909.12–2008–2 is effective November
13, 2008. Comments must be received in
writing by January 12, 2009.
ADDRESSES: Send written comments
concerning this interim directive
through one of the following methods:
E-mail:
PlanningDirective2008@fs.fed.us.
Include ‘‘planning directives’’ in the
subject line of the message. Fax: 202–
205–1012. Please identify your
comments by including ‘‘planning
directives’’ on the cover sheet or the
first page. Mail: Planning Directives;
Forest Service; U.S. Department of
Agriculture; Ecosystem Management
Coordination; Mailstop 1104, 3rd
Floor—Center Wing; Washington, DC
20250–1104. All comments, including
names and addresses when provided,
are placed in the record and are
available for public inspection and
copying. Persons wishing to inspect the
comments are encouraged to call ahead
(202–205–0895) to facilitate entrance
into the building.
The directive is available
electronically from the Forest Service
via the World Wide Web/Internet at
https://www.fs.fed.us/im/directives or at
https://www.fs.fed.us/emc/nfma/
index.htm. You may request a compact
disc (CD) copy of the interim directive
by contacting Regis Terney by email
(rterney@fs.fed.us), by phone at 1–866–
235–6652 or 202–205–0895, or by mail
at Regis Terney; Forest Service; U.S.
Department of Agriculture; Mailstop
1104, EMC, 3 Central; 1400
Independence Avenue, SW.;
Washington, DC 20050–1104.
FOR FURTHER INFORMATION CONTACT:
Regis Terney, Planning Specialist,
Ecosystem Management Coordination
Staff, 202–205–0895.
SUPPLEMENTARY INFORMATION: The Forest
Service Directive System consists of the
Forest Service Manual (FSM) and the
Forest Service Handbook (FSH), which
contain the Agency’s policies, practices,
and procedures and serve as the primary
basis for the internal management and
control of programs and administrative
direction to Forest Service employees.
The directives for all agency programs
are set out on the World Wide Web/
Internet at https://www.fs.fed.us/im/
directives.
The FSM contains legal authorities,
objectives, policies, responsibilities,
instructions, and guidance needed on a
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Frm 00003
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Sfmt 4703
continuing basis by Forest Service line
officers and primary staff to plan and
execute programs and activities, while
the FSH is the principal source of
specialized guidance and instruction for
carrying out the policies, objectives, and
responsibilities contained in the FSM.
On January 31, 2006, the Forest
Service, U.S. Department of Agriculture,
issued final agency directives for
National Forest System Land
Management Planning and published a
notice of issuance of agency final
directives in the Federal Register (71 FR
5124). The final agency directives
included FSH 1909.12, chapter 10,
‘‘Land Management Plan.’’ On April 21,
2008, the Department replaced the
planning rule for the National Forest
System that it had issued in 2005 (2005
rule) (70 FR 1022,), as amended 71 FR
10837, March 3, 2006) with a new
planning rule (73 FR 21468, 36 CFR part
219, subpart A). The 2008 planning rule
provides broad programmatic direction
in developing and carrying out land
management planning. The rule
explicitly directs the Chief of the Forest
Service to establish planning procedures
in the Forest Service Directive System
(36 CFR 219.1(c)).
This interim directive makes
necessary changes to FSH 1909.12, Land
Management Planning Handbook,
chapter 10, to clarify the procedures on
writing plan components, on describing
the monitoring program, and on
considering individual resources to aid
consistent interpretation and
application of the direction by agency
personnel. Our Washington Office
review of several proposed land
management plans showed that changes
in procedural and technical details are
necessary. These changes in procedural
and technical details associated with
carrying out the 2008 planning rule at
36 CFR part 219 are needed
immediately for use by units beginning
plan revisions or resuming plan
revisions under the 2008 rule.
Approximately 40 plan revision efforts
are currently ongoing. The Forest
Service expects 38 unit supervisors of
the ongoing current plan revisions to
use the 2008 planning rule to finish
their plan revisions. In the next few
months, many of these units will be
developing plan components,
monitoring programs, and considering
individual resources in collaboration
with the public. It is imperative that this
direction is effective immediately so
that units use the proper procedures.
Overview
The interim directive guides agency
employees to develop, amend, or revise
land management plans that meet the
E:\FR\FM\13NON1.SGM
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Agencies
[Federal Register Volume 73, Number 220 (Thursday, November 13, 2008)]
[Notices]
[Pages 67118-67120]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26797]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Black Hills National Forest, Mystic Ranger District, SD, Slate
Castle Project Area
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an Environmental Impact Statement
(EIS).
-----------------------------------------------------------------------
SUMMARY: The Forest Service will prepare an environmental impact
statement on a proposal to use multiple vegetation treatments focused
on reducing the threat to ecosystem components including forest
resources from an existing insect and disease epidemic (mountain pine
beetle), creating a landscape condition more adapted to fire and that
reduces potential for high severity wildfire near at-risk communities
and in the wildland-urban interface. The proposal is being planned for
the 44,500 acre Slate Castle Project Area that includes about 38,300
acres of National Forest System land and about 6,200 acres of
interspersed private land. The project area generally extends from
northwest of Hill City, South Dakota and east of Deerfield Lake. This
project will be conducted as an authorized project under Section 102 of
the Healthy Forests Restoration Act of 2003 (HFRA). Actions proposed
for the Slate Castle Project Area include the following:
Thin and harvest approximately 31,000 acres of pine stands
using a variety of methods to treat mountain pine beetle (MPB) infested
stands, reduce the overall density of pine trees and create a mosaic of
structural stages across the landscape. Both commercial harvest and
noncommercial thinning will be used to reduce the stand density, and
associated fuel hazard conditions and susceptibility to mountain pine
beetle infestations.
Reduce the amount of fuels that currently exists and that
created by vegetation treatment activities. Treatment could include
lopping, chipping, crushing, piling and burning, and creating fuel
breaks along roads and adjacent to private property, particularly those
properties with houses and subdivisions. Prescribed broadcast and pile
burning of up to 35,000 acres is also planned to disrupt the continuity
of surface and canopy fuels, and to increase the quantity and quality
of forage for big game and other wildlife resources.
Remove conifers from hardwood stands such as aspen and
birch, and restore meadows on approximately 4,400 acres to provide
habitat diversity and additional wildfire protection by restoring
natural fuel breaks.
DATES: Comments concerning the scope of the analysis would be most
useful if received by 30-days following the date of this notice. The
draft environmental impact statement is expected to be
[[Page 67119]]
available for public review by March 2009 and the final environmental
impact statement is expected to be completed by July 2009.
ADDRESSES: Send written comments to Robert J. Thompson, District
Ranger, Black Hills National Forest, Mystic Ranger District, Slate
Castle Project Area, 8221 South Highway 16, Rapid City, South Dakota
57702. Telephone Number: (605) 343-1567. E-mail: comments-rocky-
mountain-black-hills-mystic@fs.fed.us with ``Slate Castle'' as the
subject. Electronic comments must be readable in Word, Rich Text or PDF
formats.
FOR FURTHER INFORMATION CONTACT: If you have any questions or need
additional information, please contact Katie Van Alstyne, Team Leader
or Robert J. Thompson, District Ranger, at the Mystic Ranger District
office in Rapid City at (605) 343-1567.
SUPPLEMENTARY INFORMATION: The actions proposed are in direct response
to management direction provided by the Black Hills National Forest
Land and Resource Management Plan (Forest Plan). The site specific
actions are designed, based on Forest Plan Standards and Guidelines, to
move existing resource conditions in the Slate Castle Project Area
toward meeting Forest Plan Goals and Objectives. The project area
generally extends from northwest of Hill City, South Dakota and east of
Deerfield Lake. Anticipated issues include: reducing MPB infestation
and risk; protecting local communities, private and public lands,
infrastructure and access from severe wildfire; associated fire and
fuels hazard reduction needs in the wildland-urban interface; support
or opposition to forest thinning using commercial timber harvest;
impacts of vegetation treatment and multiple forest uses on wildlife
habitat. The range of alternatives analyzed in the EIS is expected to
be consistent with Sec. 104 of HFRA.
Purpose and Need for Action
The purpose of the Slate Castle Project is to:
Move toward achieving desired land and resource
conditions, as provided by the Forest Plan.
Reduce the threat to ecosystem components including forest
resources, from the existing insect and disease (mountain pine beetle)
epidemic.
Restore resource conditions to a healthy, resilient fire-
adapted ecosystem.
Help protect local communities and resources from
catastrophic wildfire.
This project is focused on implementing management actions that
move toward achieving:
Desired conditions and objectives embodied in Goals 2, 3,
7, and 10 of the Forest Plan (as amended).
Goals and objectives applicable to Forest Plan Management
Area (MA) 2.2--Research Natural Areas (~40 acres); MA 3.7--Late
Successional Forest Landscape (~460 acres); MA 5.1--Resource Production
Emphasis (~23,800 acres); and MA 5.4--Big Game Winter Range Emphasis
(~13,960 acres), that lie within Slate Castle Project Area, described
in Chapter III of the Forest Plan (Phase II Amendment).
Goals of the Healthy Forest Restoration Act (HFRA) of 2003
(HR 1904) and other National level initiatives and policy that provide
procedural tools to hasten processes focused on reducing insects or
disease on public and adjacent private lands, and reducing the
probability and occurrence of severe wildfire in the fire adapted
ecosystems, especially near at risk communities and in the wildland-
urban interface. Moreover, it is appropriate that proposed actions be
designed in consideration of the fuels hazard reduction management
recommendations and guidelines provided by the Pennington County
Community Wildfire Protection Plan of 2007.
Proposed Action
Proposed actions include the following:
Thin and harvest approximately 31,000 acres of pine stands
using a variety of methods to treat MPB infested stands, reduce the
overall density of pine trees and create a mosaic of structural stages
across the landscape. Both commercial and non-commercial sized trees
would be removed utilizing multiple contracts including stewardship,
timber sale, and service contracts.
Disrupt the continuity of surface and canopy fuels to help
reduce the potential for large-scale, intense wildfire spread.
Treatment could include thinning, lopping, chipping, crushing, piling,
and burning; restoring natural fuel breaks by removing conifers that
have encroached upon meadows and hardwood stands on approximately 4,400
acres; creating fuel breaks along roads and adjacent to private
property--particularly those properties with houses and subdivisions.
Prescribed broadcast and pile burning of up to 35,000 acres is also
planned to reduce the natural, as well as the management-caused
accumulation of fuels and to benefit big game and other wildlife
resources.
Responsible Official
Robert J. Thompson, District Ranger, Mystic Ranger District, Black
Hills National Forest, 8221 South Highway 16, Rapid City, South Dakota
57702.
Nature of Decision To Be Made
The decision to be made is whether or not to implement the proposed
action or possible alternative at this time.
Scoping Process
Comments and input regarding the proposal will be received via
direct mailing from the public, other groups, and agencies during the
initial public comment period in November and December 2008. If you
would like to be more involved, a public meeting is scheduled for
Tuesday, December 2, 2008, from 7 p.m. to 9 p.m. in the City Hall
conference room in Hill City, South Dakota. Comments submitted based on
this NOI will be most useful if received within 30 days from the date
of this notice. Response to the draft EIS will be sought from the
interested public beginning in March 2009.
Comment Requested
This notice of intent provides information that the agency will
prepare an environmental impact statement in response to public comment
and feedback during the November and December 2008, scoping period.
Comments received will assist the planning team to develop the mailing
list for the draft EIS and help identify key issues and opportunities
used to refine the proposal or possible alternative and mitigation
measures. Comments on the DEIS will be requested during the 45 day
comment period following the Notice of Availability, expected to be
published in the Federal Register in March 2009 (See discussion below).
Early Notice of Importance of Public Participation in Subsequent
Environmental Review: 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 reviewers
position and contentions. Vermont Yankee Nuclear Power Corp. v. NRDC,
435 US. 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
[[Page 67120]]
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.
Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21.
Dated: November 5, 2008.
Craig Bobzien,
Forest Supervisor, Black Hills National Forest.
[FR Doc. E8-26797 Filed 11-12-08; 8:45 am]
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