Wallowa-Whitman National Forest, Baker County, OR; Snow Basin Vegetation Management Project, 75667-75670 [E8-29131]
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Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Notices
Texas
Central Library, 600 Soledad, San
Antonio, TX 78205.
Authority: 42 U.S.C. 4321–4347 (National
Environmental Policy Act).
Dated: December 3, 2008.
Bruce Knight,
Under Secretary, Marketing and Regulatory
Programs, USDA.
Jay M. Cohen,
Under Secretary, Science & Technology, DHS.
[FR Doc. E8–29142 Filed 12–11–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF AGRICULTURE
Forest Service
Wallowa-Whitman National Forest,
Baker County, OR; Snow Basin
Vegetation Management Project
Forest Service, USDA.
Notice of intent to prepare an
environmental impact statement.
AGENCY:
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ACTION:
SUMMARY: The USDA Forest Service will
prepare an environmental impact
statement (EIS) to disclose
environmental effects on a proposed
action to manage fuels and vegetation
and produce forest products in the Little
Eagle Creek, and Eagle Creek Paddy
subwatersheds. The Snow Basin
Vegetation Management Project is
located on the Wallowa-Whitman
National Forest, Whitman Ranger
District, Pine Office, Baker County,
Oregon. The legal location is T.7S,
R.44E, all sections, and T.8S, R44E,
most sections. The project area
encompasses two subwatersheds located
north and northwest of Halfway and
Richland, Oregon, consisting of
approximately 27,680 acres of National
Forest System (NFS) lands, 281 acres of
Baker County inholdings, and 2,107
acres of private deeded inholdings. The
proposed action would use commercial
harvest of timber, noncommercial
thinning, aspen restoration and
prescribed fire on approximately 17,200
acres. No new permanent road
construction would occur, but
temporary roads would be constructed,
existing permanent roads would be
reconstructed as warranted, and one
existing bridge would be reconstructed.
No Inventoried Roadless Areas (IRAs) or
potential wilderness areas are affected
by this project. Additional details of the
proposed action are noted below in the
SUPPLEMENTARY INFORMATION Section.
DATES: Preliminary comments
concerning the Snow Basin Vegetation
Management Project would be most
useful if received by January 30, 2009.
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A Draft EIS (DEIS) would be completed
after reviewing the preliminary scoping
comments for significant issues and the
potential development of alternatives to
the proposed action. The DEIS is
expected to be filed with the
Environmental Protection Agency (EPA)
and be available to the public for review
by May 2009. The Final EIS is
scheduled to be completed by October
2009. If approved, the project would
begin to be implemented sometime in
2010.
ADDRESSES: Send written comments to:
Ken Anderson, Whitman District Ranger
P.O. Box 947, 3285 11th Street, Baker
City, OR 97814. Send electronic
comments to: commentspacificnorthwest-wallowa-whitmanwhitmanunit@fs.fed.us. Send FAX
comments to 541–742–6705. Please
reference the project name (Snow Basin
Vegetation Management Project) on your
submissions.
FOR FURTHER INFORMATION CONTACT: Joe
Sciarrino, Project Manager, Whitman
Ranger District, Pine Office, 38470 Pine
Town Lane, Halfway, Oregon 97834,
telephone 541–742–6714, TDD (541)
523–1405, e-mail jsciarrino@fs.fed.us.
An additional contact is Lynne Smith,
telephone 541–742–6715, e-mail
lksmith@fs.fed.us. Additional
information and large-scale color maps
will be posted on the Forest Web site at:
https://www.fs.fed.us/r6/w-w/projects/.
SUPPLEMENTARY INFORMATION:
Background Information
The project area is located north and
northwest of Richland, Oregon, in
Townships 6, 7 and 8 South, Ranges 43,
44, and 45 East. The project area
includes 26,730 acres of NFS (National
Forest System) lands and 2,107 acres of
private deeded in-holdings. A small
amount of Baker County owned lands
(281 acres) also occur within the project
area. Elevations within the project area
range from approximately 4,400 feet on
the southern boundary near Sparta Butte
and Forshey Meadow up to
approximately 6,500 feet at its northern
boundary near the Eagle Cap
Wilderness. The Eagle Creek Wild and
Scenic River Corridor averages 3,200
feet in elevation and roughly divides the
project area in half. Other major streams
within the project area include Little
Eagle, Twin Bridges, Conundrum,
Spring, Paddy, Gold, Packsaddle,
Holcomb, Empire Gulch, and Dempsey.
The project area is characterized by a
mixture of forest and natural openings
of various sizes. The forested stands
range from high elevation subalpine fir/
lodgepole pine to low elevation pure
ponderosa pine. Coniferous tree species
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are ponderosa pine, grand fir, Douglasfir, western larch, Englemann spruce,
subalpine fir, and lodgepole pine.
Deciduous tree species include quaking
aspen and black cottonwood. The
majority of the forested stands have a
dense multistory stand structure.
The project area has seen management
activity in the past, with the most recent
being connected to three large
vegetation management projects: Little
Eagle, EagleHolcomb and Eagle-Paddy
projects. These past actions included
timber harvest, noncommercial thinning
and fuels treatments including hand and
machine piling, aspen restoration and
prescribed fire, and were completed in
the late 1990s. While the focus of these
most recent projects were stand
prioritization based upon silvicultural
need, including tree species
composition, stand structure and stand
density, earlier projects were much
more focused on cutting larger, high
value trees. The Snow Basin Vegetation
Management Project would be focused
on a landscape view with the analysis
and treatments based on landscape
ecological needs.
Purpose and Need for Action
The purpose and need for this
proposal is to begin moving the project
area landscape toward the historic range
of variability for the various biophysical
environments in the project area, and to
substantially reduce the risk of
uncharacteristic wildfire, and the
wildfire threat to life and property;
particularly in the vicinity of the deeded
land in-holdings.
The NFS lands in the project area
have been managed with timber harvest
for many decades. The focus of historic
treatments was to harvest the large,
mature overstory trees, particularly
those of high value like ponderosa pine.
The focus of more recent projects was
silvicultural needs, but the treatments
were located in selected stands and
scattered throughout the landscape. The
assumption and expectation was that
stands would be treated every 10 years,
providing a management and
maintenance regime supporting
maximum tree growth. The 10-year
follow-up treatments, however, were not
initiated and stand conditions and
landscape conditions have changed. In
addition, the natural role of fire has
been generally excluded from this
landscape.
As a cumulative result, landscape
conditions are now characterized by
deviations from the historic range of
variability for the various biophysical
environments. More specifically, this
has resulted in a large scale reduction in
large diameter ponderosa pine trees, a
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reduced LOS (late old structure), and
domination of the faster growing shade
tolerant grand fir and Douglas-fir. A
very high risk of uncharacteristic
wildfire exists, both because of stand
structures and fire/fuels condition
classes. Therefore, actions needed to
meet the purpose and need involve:
1. Restoring characteristic and
sustainable stand densities, tree species
composition, and forest stand structure
by:
• Managing stand density to improve
diameter growth rates towards future
LOS (late old structure), increasing
stand resistance to wildfire and inherent
ponderosa pine’s resistance to bark
beetles.
• Adjusting tree species composition
and stand structure by selecting for
removal tree species that serve as hosts
for defoliating insects and root and stem
disease, and species that are susceptible
to fire.
• Converting multiple-story stands to
single-story stands to increase landscape
diversity, helping to reduce the extent
and severity of disturbance and to
restore HRV.
2. Moving Fire Regime Condition
Classes 3 and 2 to Condition Class I by:
• Adjusting stand structures as in #1
above.
• Reducing natural fuel loadings
commensurate to the standards
established for the specific biophysical
environments.
• Managing activity (vegetation
management generated) fuels also to the
standards established for the specific
biophysical environments.
3. Placing priority on treating the NFS
lands in and adjacent to Sparta and
Surprise Springs WUI’s and one stand
in the Carson WUI. Treatments would
emphasize a reduction in the risk of
uncharacteristic wildfire over an
improvement in HRV to reflect the
emphasis on protection of life and
property in the WUI areas. The priority
treatments include:
• Treating the NFS lands identified in
the CWPP (Community Wildfire
Protection Plan) adopted by Baker
County.
• Treating other adjacent NFS lands
that would help decrease the potential
for intense fire behavior adjacent to
homes and private property.
4. Initiating treatments to restore
quaking aspen across the landscape to
better reflect historic conditions. Aspen
historically occurred as dense even-aged
stands or clones usually seral to one of
the fir or other coniferous climax
species. Today aspen exists as scattered
individuals or small clumps many of
which are overtopped by conifers (Eagle
Creek Watershed Assessment, 1997).
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Estimates suggest that aspen trees
historically covered 500 to 1,000 acres
across the Pine and Eagle Creek
watersheds. Actual current acreage is
unknown but is estimated at 200 to 500
acres. Aspen stands not only provide
habitat for many wildlife species, they
also provide vegetative diversity and
aesthetic beauty. More specifically,
restoring quaking aspen involves
removing all conifer competition with
the exception of mature (orange bark)
ponderosa pine greater than 21″ dbh and
Douglas-fir greater than 32″.
5. In addition to the primary purposes
of creating sustainability and improving
forest health and decreasing risk of
uncharacteristic wildfire, the project
offers the opportunity to market and
expand the availability of economically
and socially important forest products,
not only the traditional sawlog and pulp
components, but also general biomass
and fuel wood. While the purpose and
need for treatments are ecological, the
result is forest products. Demands for
forest products continue to increase,
and environmental impacts from the use
of alternative materials or imported
products can be significant. The project
area is large and includes easy access
from two rural communities, Halfway
and Richland, Oregon, which provides
an opportunity to offer substantial
quantities of fuelwood. Since many
local citizens rely on fuelwood as their
primary source of heat, particularly now
with the rising fossil fuel prices, the
public is asking for increased fuelwood
opportunities. To support this need,
emphasis is being placed on, and
consideration given to modifying the
current Forest-wide policy for the
project area to allow the removal as
fuelwood any dead and down trees of
any species and any size tree within 150
feet of an open road, as long as it is in
compliance with all other existing
permit requirements.
Proposed Action
The Proposed Action, on NFS lands
only, is to:
1. Commercially harvest 13,887 acres
using a combination of overstory
removal, partial removal, sanitation,
thinning, and regeneration cuts, with a
potential yield of 60–70 MIMBF. This
project would potentially generate 5
timber sales that would be offered one
per year over a 5-year period starting in
2010, if the project is approved.
2. Remove conifer competition from
30 acres of quaking aspen.
3. Non-commercially thin
approximately 12,200 acres (NCT only
and NCT following harvest treatments).
4. Prescribed fire only on 3,300 acres.
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5. Prescribed fire on 12,000–13,000
acres to reduce commercial harvest
activity fuels following commercial
treatments.
6. Grapple pile and burn on
approximately 7,220 acres to reduce
commercial harvest activity fuels
following commercial treatments.
7. Remove Danger Trees from the
open road system for public and forest
worker safety. This would include their
commercial removal for biomass.
Danger trees are defined as as a standing
tree that presents a safety hazard to
people due to conditions such as
deterioration or physical damage to the
root system, trunk, stem, or limbs, and
the direction (or lean) of the tree. Those
removed would meet the definition as
described in ‘‘Field guide for danger
trees identification and response’’ 2008.
Toupin. R., et al. USDA For. Ser. Pac.
Northwest Region.
8. Within the project area, use an
estimated 180 miles of existing National
Forest System Road (NFS) for
commercial log haul. No new
permanent specified road construction
is planned. Approximately 10.6 miles of
temporary road construction is
proposed. These temporary roads are in
46 segments ranging in length from less
than 0.1 mile to 0.7 miles, and the
average length is 0.2 miles. All NFS
roads would be maintained in
accordance with standard timber sale
road maintenance specifications. Of the
estimated 180 miles of haul roads,
approximately 100 miles are currently
closed roads (maintenance level 1) and
would be re-closed when harvest and
post-sale activities, including firewood
gathering, are completed. Temporary
roads would be closed and rehabilitated
prior to the closure of the timber sale.
Reconstruction is proposed on
approximately 48 miles of NFS roads.
Here, the term reconstruction refers to
road work outside the scope of timber
sale maintenance specifications and
would be listed in the timber sale
contract for specified road
reconstruction and applicable to
contract clause BT 5.2. Types of activity
included under reconstruction include a
bridge replacement (0.1 mi); repair of
abutments on two bridges (0.2 mi.);
realign road location which would
create new ground disturbance (1.0 mi);
restore roads to a serviceable standard
by clearing heavily overgrown roads,
removing slides and slough and
repairing slumps greater than 10 cubic
yards, repairing and improving drainage
structures, drainage and subgrade
reinforcement for seeps and springs, and
rock surfacing (46.7 miles). Of the roads
proposed for reconstruction,
approximately 21 miles are currently
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closed roads (maintenance level 1) and
27 miles are open roads maintained for
high clearance vehicles (maintenance
level 2). Reconstruction is also proposed
(by agreement) for 2.4 miles of a Baker
County road consisting of clearing,
drainage, and rock surfacing. This
project will consider the
decommissioning of approximately 6
miles of NFS road. These roads are
currently closed and will be analyzed
for future need to the transportation
system. If decommissioned, the roads
would be removed from the NFS road
system.
9. Preliminary analysis indicates that
selecting the proposed action would
require several amendments to the
Forest Plan. All center around the
harvest of live trees greater than or equal
to 21″ dbh. In 1994, Forest Plan
Amendment #2 imposed a 21 inch
diameter limit for green tree harvest. In
June 2003 the FS Region 6 Regional
Forester issued a letter emphasizing the
need for some flexibility in applying
this standard. Examples provided where
Forest Plan amendments may be
appropriate are listed below. All were
incorporated into the Proposed Action
and include the following:
1. Moving multi-layered ponderosa
pine stands towards LOS of a single
layer where the pine are competing with
grand fir or other shade-tolerant species
historically held in check by wildfire.
2. Maintaining shade-intolerant
desirable trees <21 inch d.b.h. where
their recruitment into >21 inch class is
reasonably foreseeable in the near
future, and when giving preference
better meets LOS objectives.
3. Harvesting >21 inch d.b.h.
mistletoe-infected trees when doing so
best meets longterm LOS objectives and
does not eliminate currently important
wildlife habitat.
4. Fuel reduction to protect older trees
(e.g. removal of smaller ‘‘ladder’’ fuels).
5. Overstory removal of shade tolerant
species to protect rare or declining
understory elements, such as aspen or
rare herbaceous plants.
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Possible Alternatives
Alternatives will include the
proposed action, no action, and any
additional alternatives that would
respond to any significant issues
generated during the scoping process.
The agency will give notice of the full
environmental analysis and decisionmaking process to interested and
affected people, agencies, Tribal
governments and organizations.
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Responsible Official and Nature of
Decision To Be Made
The Responsible Official is Steven A.
Ellis, Forest Supervisor of the WallowaWhitman National Forest, P.O. Box 907,
1550 Dewey Avenue, Baker City, Oregon
97814. The Responsible Official will
decide if the proposed project will be
implemented and will document the
decision and reasons for the decision in
a Record of Decision. That decision
would be subject to Forest Service
Appeal Regulations at 36 CFR 215.
Scoping Process
Public participation will be especially
important at several points during the
analysis, beginning with the scoping
process (40 CFR 1501.7). The Snow
Basin Vegetation Management Project
has been listed in the WallowaWhitman National Forest’s Schedule of
Proposed Actions since July 2008, and
can be accessed on the Web at: https://
www.fs.fed.us/sopa/forestlevel.php?110616. A scoping letter will
be sent out to the Forest scoping mail
list to correspond with the publication
of this NOT in the Federal Register.
Additional information and large-scale
color maps will be posted on the Forest
Web site at: https://www.fs.fed.us/r6/
w-w/projects/. Tribal governments,
government agencies, organizations and
individuals who have indicated their
interest will be contacted during the
scoping period.
Preliminary Issues
Preliminary issues identified include
commercial harvest in LOS stands and
harvest of trees over 21 inches in
diameter. Additional issues may include
the potential effect of the proposed
action on soils, water quality and fish
habitat, snags and down wood,
disturbance to cultural resources,
potential for noxious weed expansion,
and threatened, endangered and
sensitive aquatic, terrestrial and plant
species.
No Inventoried Roadless Areas (IRAs)
or potential wilderness areas are
affected by this proposed action.
Public Comment
Public comments about this proposal
are requested to identify issues and
alternatives to the proposed action and
to focus the scope of the analysis.
Comments received in response to this
solicitation, including names and
addresses of those who comment, will
be considered part of the public record
on this proposed action, and will be
available for public inspection.
Comments submitted anonymously will
be accepted and considered; however,
those who submit anonymous
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comments will not have standing to
appeal the subsequent decisions under
36 CFR Parts 215 or 217. Additionally,
pursuant to 7 CFR 1.27(d), any person
may request the agency to withhold a
submission from the public record by
showing how the Freedom of
Information Act (FOIA) permits such
confidentiality. Persons requesting such
confidentiality should be aware that
under the FOIA, confidentiality may be
granted in only very limited
circumstances such as to protect trade
secrets. The Forest Service will inform
the requester of the agency’s decision
regarding the request for confidentiality,
and where the request is denied; the
agency will return the submission and
notify the requester that the comments
may be resubmitted with or without
name and address within a specified
number of days.
Early Notice of Importance of Public
Participation in Subsequent
Environmental Review:
A draft environmental impact
statement will be prepared for comment
and is expected in May of 2009. The
formal 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 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.
Comments received, including the
names and addresses of those who
comment, will be considered part of the
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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: December 3, 2008.
Steven A. Ellis,
Forest Supervisor, Wallowa-Whitman
National Forest.
[FR Doc. E8–29131 Filed 12–11–08; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF AGRICULTURE
Forest Service
Notice of Proposed New Fee Sites;
Federal Lands Recreation
Enhancement Act, (Title VIII, Pub. L.
108–447)
Alice B. Canton, Forest
Supervisor, Plumas National Forest, 159
Lawrence Street, Quincy, California
95971.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT: Judy
Schaber, Assistant Resource Officer,
Recreation, 530–836–2575.
SUPPLEMENTARY INFORMATION: The
Federal Recreation Lands Enhancement
Act (Title VII, Pub. L. 108–447) directed
the Secretary of Agriculture to publish
a six month advance notice in the
Federal Register whenever new
recreation fee areas are established.
Once public involvement is complete,
these new fees will be reviewed by a
Recreation Resource Advisory
Committee prior to a final decision and
implementation. Campsites will
continue to be available on a first come,
first served basis.
AGENCY:
Plumas National Forest, USDA
Forest Service.
ACTION: Notice of Proposed New Fee
Sites.
Dated: November 24, 2008.
Alice B. Carlton,
Forest Supervisor.
[FR Doc. E8–29129 Filed 12–11–08; 8:45 am]
The Plumas National Forest is
planning to charge new fees at four
recreation campgrounds within the
Lakes Basin Recreation Area. All sites
have had amenities added to improve
services and experiences. Fees are
assessed based on the level of amenities
and services provided, cost of operation
and maintenance, market assessment,
and public comment. The fees listed are
only proposed and will be determined
upon further analysis and public
comment. Funds from fees would be
used for the continued operation and
maintenance and improvement of these
recreation sites. Gold Lake Campground
(37 sites), Gold Lake 4x4 Campground
(16 sites), Goose Lake Campground (13
sites) and Haven Lake Campground (4
sites), are currently fee free sites. The
use at these popular campgrounds is
historic and the sites are rustic.
Improvements have been made
including designating 70 campsites,
installing fire rings, and adding garbage
service. Three new toilets and picnic
tables were installed at the Gold Lake
4x4 campground. One new toilet was
installed at Goose Lake Campground.
Improvements will address sanitation
and safety concerns, and improve
deteriorating resource conditions and
recreation experiences. A financial
analysis is being completed to
determine fee rates. The proposed fee to
help maintain this site would range
between $8 and $10 a campsite and
$3.00 per one additional vehicle per
campsite.
BILLING CODE 3410–11–M
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SUMMARY:
DATES:
New fees would begin after July
2009.
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AMERICAN BATTLE MONUMENTS
COMMISSION
No Fear Act
AGENCY: American Battle Monuments
Commission.
ACTION: Notice.
SUMMARY: The American Battle
Monuments Commission (ABMC) is
providing notice to its employees,
former employees, and applicants for
federal employment about the rights and
remedies available to them under the
Federal antidiscrimination,
whistleblower protection, and
retaliation laws. This notice fulfills the
ABMC’s initial notification obligation
under the Notification and Federal
Employees Antidiscrimination and
Retaliation Act (No FEAR Act), as
implemented by the Office of Personnel
Management (OPM) regulations at 5
CFR part 724.
FOR FURTHER INFORMATION CONTACT: Visit
the ABMC Web site at https://
www.abmc.gov, or contact Michael
Conley, Director, Equal Employment
Opportunity (EEO), by mail at American
Battle Monuments Commission, 2300
Clarendon Boulevard, Suite 500,
Arlington, VA 22201, or by phone at
(703) 696–5177.
SUPPLEMENTARY INFORMATION: On May
15, 2002, Congress enacted the
‘‘Notification and Federal Employee
Antidiscrimination and Retaliation Act
of 2002,’’ which is now known as the
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No FEAR Act. See Public Law 107–174,
codified at 5 U.S.C. 2301 note. As stated
in the full title of the Act, the Act is
intended to ‘‘require that Federal
agencies be accountable for violations of
antidiscrimination and whistleblower
protection laws.’’ In support of this
purpose, Congress found that ‘‘agencies
cannot be run effectively if those
agencies practice or tolerate
discrimination.’’ Public Law 107–174,
§ 101(1).
The Act also requires this agency to
provide this notice to its Federal
employees, former Federal employees
and applicants for Federal employment
to inform you of the rights and
protections available to you under
Federal antidiscrimination,
whistleblower protection, and
retaliation laws.
Antidiscrimination Laws
A Federal agency cannot discriminate
against an employee or applicant with
respect to the terms, conditions or
privileges of employment on the basis of
race, color, national origin, religion, sex,
age, disability, sexual orientation,
parental status or any other non-merit
factor. Discrimination on these bases is
prohibited by one or more of the
following statutes: 5 U.S.C. 2302(b)(1),
29 U.S.C. 206(d), 29 U.S.C. 631, 29
U.S.C. 633a, 29 U.S.C. 791 and 42 U.S.C.
2000e–16.
If you believe that you have been the
victim of unlawful discrimination on
the basis of race, color, religion, sex,
national origin or disability, you must
contact an Equal Employment
Opportunity (EEO) counselor within 45
calendar days of the alleged
discriminatory action, or, in the case of
a personnel action, within 45 calendar
days of the effective date of the action,
before you can file a formal complaint
of discrimination with your agency. See,
e.g., 29 CFR part 1614. If you believe
that you have been the victim of
unlawful discrimination on the basis of
age, you must either contact an EEO
counselor as noted above or give notice
of intent to sue to the Equal
Employment Opportunity Commission
(EEOC) within 180 calendar days of the
alleged discriminatory action. If you are
alleging discrimination based on marital
status or political affiliation, you may
file a written complaint with the U.S.
Office of Special Counsel (OSC) (see
contact information below). In the
alternative (or in some cases, in
addition), you may pursue a
discrimination complaint by filing a
grievance through the agency’s
administrative grievance procedures, if
such procedures apply and are
available.
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Agencies
[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Notices]
[Pages 75667-75670]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29131]
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DEPARTMENT OF AGRICULTURE
Forest Service
Wallowa-Whitman National Forest, Baker County, OR; Snow Basin
Vegetation Management Project
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The USDA Forest Service will prepare an environmental impact
statement (EIS) to disclose environmental effects on a proposed action
to manage fuels and vegetation and produce forest products in the
Little Eagle Creek, and Eagle Creek Paddy subwatersheds. The Snow Basin
Vegetation Management Project is located on the Wallowa-Whitman
National Forest, Whitman Ranger District, Pine Office, Baker County,
Oregon. The legal location is T.7S, R.44E, all sections, and T.8S,
R44E, most sections. The project area encompasses two subwatersheds
located north and northwest of Halfway and Richland, Oregon, consisting
of approximately 27,680 acres of National Forest System (NFS) lands,
281 acres of Baker County inholdings, and 2,107 acres of private deeded
inholdings. The proposed action would use commercial harvest of timber,
noncommercial thinning, aspen restoration and prescribed fire on
approximately 17,200 acres. No new permanent road construction would
occur, but temporary roads would be constructed, existing permanent
roads would be reconstructed as warranted, and one existing bridge
would be reconstructed. No Inventoried Roadless Areas (IRAs) or
potential wilderness areas are affected by this project. Additional
details of the proposed action are noted below in the SUPPLEMENTARY
INFORMATION Section.
DATES: Preliminary comments concerning the Snow Basin Vegetation
Management Project would be most useful if received by January 30,
2009. A Draft EIS (DEIS) would be completed after reviewing the
preliminary scoping comments for significant issues and the potential
development of alternatives to the proposed action. The DEIS is
expected to be filed with the Environmental Protection Agency (EPA) and
be available to the public for review by May 2009. The Final EIS is
scheduled to be completed by October 2009. If approved, the project
would begin to be implemented sometime in 2010.
ADDRESSES: Send written comments to: Ken Anderson, Whitman District
Ranger P.O. Box 947, 3285 11th Street, Baker City, OR 97814. Send
electronic comments to: comments-pacificnorthwest-wallowa-whitman-
whitmanunit@fs.fed.us. Send FAX comments to 541-742-6705. Please
reference the project name (Snow Basin Vegetation Management Project)
on your submissions.
FOR FURTHER INFORMATION CONTACT: Joe Sciarrino, Project Manager,
Whitman Ranger District, Pine Office, 38470 Pine Town Lane, Halfway,
Oregon 97834, telephone 541-742-6714, TDD (541) 523-1405, e-mail
jsciarrino@fs.fed.us. An additional contact is Lynne Smith, telephone
541-742-6715, e-mail lksmith@fs.fed.us. Additional information and
large-scale color maps will be posted on the Forest Web site at: http:/
/www.fs.fed.us/r6/w-w/projects/.
SUPPLEMENTARY INFORMATION:
Background Information
The project area is located north and northwest of Richland,
Oregon, in Townships 6, 7 and 8 South, Ranges 43, 44, and 45 East. The
project area includes 26,730 acres of NFS (National Forest System)
lands and 2,107 acres of private deeded in-holdings. A small amount of
Baker County owned lands (281 acres) also occur within the project
area. Elevations within the project area range from approximately 4,400
feet on the southern boundary near Sparta Butte and Forshey Meadow up
to approximately 6,500 feet at its northern boundary near the Eagle Cap
Wilderness. The Eagle Creek Wild and Scenic River Corridor averages
3,200 feet in elevation and roughly divides the project area in half.
Other major streams within the project area include Little Eagle, Twin
Bridges, Conundrum, Spring, Paddy, Gold, Packsaddle, Holcomb, Empire
Gulch, and Dempsey.
The project area is characterized by a mixture of forest and
natural openings of various sizes. The forested stands range from high
elevation subalpine fir/lodgepole pine to low elevation pure ponderosa
pine. Coniferous tree species are ponderosa pine, grand fir, Douglas-
fir, western larch, Englemann spruce, subalpine fir, and lodgepole
pine. Deciduous tree species include quaking aspen and black
cottonwood. The majority of the forested stands have a dense multistory
stand structure.
The project area has seen management activity in the past, with the
most recent being connected to three large vegetation management
projects: Little Eagle, EagleHolcomb and Eagle-Paddy projects. These
past actions included timber harvest, noncommercial thinning and fuels
treatments including hand and machine piling, aspen restoration and
prescribed fire, and were completed in the late 1990s. While the focus
of these most recent projects were stand prioritization based upon
silvicultural need, including tree species composition, stand structure
and stand density, earlier projects were much more focused on cutting
larger, high value trees. The Snow Basin Vegetation Management Project
would be focused on a landscape view with the analysis and treatments
based on landscape ecological needs.
Purpose and Need for Action
The purpose and need for this proposal is to begin moving the
project area landscape toward the historic range of variability for the
various biophysical environments in the project area, and to
substantially reduce the risk of uncharacteristic wildfire, and the
wildfire threat to life and property; particularly in the vicinity of
the deeded land in-holdings.
The NFS lands in the project area have been managed with timber
harvest for many decades. The focus of historic treatments was to
harvest the large, mature overstory trees, particularly those of high
value like ponderosa pine. The focus of more recent projects was
silvicultural needs, but the treatments were located in selected stands
and scattered throughout the landscape. The assumption and expectation
was that stands would be treated every 10 years, providing a management
and maintenance regime supporting maximum tree growth. The 10-year
follow-up treatments, however, were not initiated and stand conditions
and landscape conditions have changed. In addition, the natural role of
fire has been generally excluded from this landscape.
As a cumulative result, landscape conditions are now characterized
by deviations from the historic range of variability for the various
biophysical environments. More specifically, this has resulted in a
large scale reduction in large diameter ponderosa pine trees, a
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reduced LOS (late old structure), and domination of the faster growing
shade tolerant grand fir and Douglas-fir. A very high risk of
uncharacteristic wildfire exists, both because of stand structures and
fire/fuels condition classes. Therefore, actions needed to meet the
purpose and need involve:
1. Restoring characteristic and sustainable stand densities, tree
species composition, and forest stand structure by:
Managing stand density to improve diameter growth rates
towards future LOS (late old structure), increasing stand resistance to
wildfire and inherent ponderosa pine's resistance to bark beetles.
Adjusting tree species composition and stand structure by
selecting for removal tree species that serve as hosts for defoliating
insects and root and stem disease, and species that are susceptible to
fire.
Converting multiple-story stands to single-story stands to
increase landscape diversity, helping to reduce the extent and severity
of disturbance and to restore HRV.
2. Moving Fire Regime Condition Classes 3 and 2 to Condition Class
I by:
Adjusting stand structures as in 1 above.
Reducing natural fuel loadings commensurate to the
standards established for the specific biophysical environments.
Managing activity (vegetation management generated) fuels
also to the standards established for the specific biophysical
environments.
3. Placing priority on treating the NFS lands in and adjacent to
Sparta and Surprise Springs WUI's and one stand in the Carson WUI.
Treatments would emphasize a reduction in the risk of uncharacteristic
wildfire over an improvement in HRV to reflect the emphasis on
protection of life and property in the WUI areas. The priority
treatments include:
Treating the NFS lands identified in the CWPP (Community
Wildfire Protection Plan) adopted by Baker County.
Treating other adjacent NFS lands that would help decrease
the potential for intense fire behavior adjacent to homes and private
property.
4. Initiating treatments to restore quaking aspen across the
landscape to better reflect historic conditions. Aspen historically
occurred as dense even-aged stands or clones usually seral to one of
the fir or other coniferous climax species. Today aspen exists as
scattered individuals or small clumps many of which are overtopped by
conifers (Eagle Creek Watershed Assessment, 1997). Estimates suggest
that aspen trees historically covered 500 to 1,000 acres across the
Pine and Eagle Creek watersheds. Actual current acreage is unknown but
is estimated at 200 to 500 acres. Aspen stands not only provide habitat
for many wildlife species, they also provide vegetative diversity and
aesthetic beauty. More specifically, restoring quaking aspen involves
removing all conifer competition with the exception of mature (orange
bark) ponderosa pine greater than 21'' dbh and Douglas-fir greater than
32''.
5. In addition to the primary purposes of creating sustainability
and improving forest health and decreasing risk of uncharacteristic
wildfire, the project offers the opportunity to market and expand the
availability of economically and socially important forest products,
not only the traditional sawlog and pulp components, but also general
biomass and fuel wood. While the purpose and need for treatments are
ecological, the result is forest products. Demands for forest products
continue to increase, and environmental impacts from the use of
alternative materials or imported products can be significant. The
project area is large and includes easy access from two rural
communities, Halfway and Richland, Oregon, which provides an
opportunity to offer substantial quantities of fuelwood. Since many
local citizens rely on fuelwood as their primary source of heat,
particularly now with the rising fossil fuel prices, the public is
asking for increased fuelwood opportunities. To support this need,
emphasis is being placed on, and consideration given to modifying the
current Forest-wide policy for the project area to allow the removal as
fuelwood any dead and down trees of any species and any size tree
within 150 feet of an open road, as long as it is in compliance with
all other existing permit requirements.
Proposed Action
The Proposed Action, on NFS lands only, is to:
1. Commercially harvest 13,887 acres using a combination of
overstory removal, partial removal, sanitation, thinning, and
regeneration cuts, with a potential yield of 60-70 MIMBF. This project
would potentially generate 5 timber sales that would be offered one per
year over a 5-year period starting in 2010, if the project is approved.
2. Remove conifer competition from 30 acres of quaking aspen.
3. Non-commercially thin approximately 12,200 acres (NCT only and
NCT following harvest treatments).
4. Prescribed fire only on 3,300 acres.
5. Prescribed fire on 12,000-13,000 acres to reduce commercial
harvest activity fuels following commercial treatments.
6. Grapple pile and burn on approximately 7,220 acres to reduce
commercial harvest activity fuels following commercial treatments.
7. Remove Danger Trees from the open road system for public and
forest worker safety. This would include their commercial removal for
biomass. Danger trees are defined as as a standing tree that presents a
safety hazard to people due to conditions such as deterioration or
physical damage to the root system, trunk, stem, or limbs, and the
direction (or lean) of the tree. Those removed would meet the
definition as described in ``Field guide for danger trees
identification and response'' 2008. Toupin. R., et al. USDA For. Ser.
Pac. Northwest Region.
8. Within the project area, use an estimated 180 miles of existing
National Forest System Road (NFS) for commercial log haul. No new
permanent specified road construction is planned. Approximately 10.6
miles of temporary road construction is proposed. These temporary roads
are in 46 segments ranging in length from less than 0.1 mile to 0.7
miles, and the average length is 0.2 miles. All NFS roads would be
maintained in accordance with standard timber sale road maintenance
specifications. Of the estimated 180 miles of haul roads, approximately
100 miles are currently closed roads (maintenance level 1) and would be
re-closed when harvest and post-sale activities, including firewood
gathering, are completed. Temporary roads would be closed and
rehabilitated prior to the closure of the timber sale. Reconstruction
is proposed on approximately 48 miles of NFS roads. Here, the term
reconstruction refers to road work outside the scope of timber sale
maintenance specifications and would be listed in the timber sale
contract for specified road reconstruction and applicable to contract
clause BT 5.2. Types of activity included under reconstruction include
a bridge replacement (0.1 mi); repair of abutments on two bridges (0.2
mi.); realign road location which would create new ground disturbance
(1.0 mi); restore roads to a serviceable standard by clearing heavily
overgrown roads, removing slides and slough and repairing slumps
greater than 10 cubic yards, repairing and improving drainage
structures, drainage and subgrade reinforcement for seeps and springs,
and rock surfacing (46.7 miles). Of the roads proposed for
reconstruction, approximately 21 miles are currently
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closed roads (maintenance level 1) and 27 miles are open roads
maintained for high clearance vehicles (maintenance level 2).
Reconstruction is also proposed (by agreement) for 2.4 miles of a Baker
County road consisting of clearing, drainage, and rock surfacing. This
project will consider the decommissioning of approximately 6 miles of
NFS road. These roads are currently closed and will be analyzed for
future need to the transportation system. If decommissioned, the roads
would be removed from the NFS road system.
9. Preliminary analysis indicates that selecting the proposed
action would require several amendments to the Forest Plan. All center
around the harvest of live trees greater than or equal to 21
dbh. In 1994, Forest Plan Amendment 2 imposed a 21 inch
diameter limit for green tree harvest. In June 2003 the FS Region 6
Regional Forester issued a letter emphasizing the need for some
flexibility in applying this standard. Examples provided where Forest
Plan amendments may be appropriate are listed below. All were
incorporated into the Proposed Action and include the following:
1. Moving multi-layered ponderosa pine stands towards LOS of a
single layer where the pine are competing with grand fir or other
shade-tolerant species historically held in check by wildfire.
2. Maintaining shade-intolerant desirable trees <21 inch d.b.h.
where their recruitment into >21 inch class is reasonably foreseeable
in the near future, and when giving preference better meets LOS
objectives.
3. Harvesting >21 inch d.b.h. mistletoe-infected trees when doing
so best meets longterm LOS objectives and does not eliminate currently
important wildlife habitat.
4. Fuel reduction to protect older trees (e.g. removal of smaller
``ladder'' fuels).
5. Overstory removal of shade tolerant species to protect rare or
declining understory elements, such as aspen or rare herbaceous plants.
Possible Alternatives
Alternatives will include the proposed action, no action, and any
additional alternatives that would respond to any significant issues
generated during the scoping process. The agency will give notice of
the full environmental analysis and decision-making process to
interested and affected people, agencies, Tribal governments and
organizations.
Responsible Official and Nature of Decision To Be Made
The Responsible Official is Steven A. Ellis, Forest Supervisor of
the Wallowa-Whitman National Forest, P.O. Box 907, 1550 Dewey Avenue,
Baker City, Oregon 97814. The Responsible Official will decide if the
proposed project will be implemented and will document the decision and
reasons for the decision in a Record of Decision. That decision would
be subject to Forest Service Appeal Regulations at 36 CFR 215.
Scoping Process
Public participation will be especially important at several points
during the analysis, beginning with the scoping process (40 CFR
1501.7). The Snow Basin Vegetation Management Project has been listed
in the Wallowa-Whitman National Forest's Schedule of Proposed Actions
since July 2008, and can be accessed on the Web at: https://
www.fs.fed.us/sopa/forest-level.php?110616. A scoping letter will be
sent out to the Forest scoping mail list to correspond with the
publication of this NOT in the Federal Register. Additional information
and large-scale color maps will be posted on the Forest Web site at:
https://www.fs.fed.us/r6/w-w/projects/. Tribal governments, government
agencies, organizations and individuals who have indicated their
interest will be contacted during the scoping period.
Preliminary Issues
Preliminary issues identified include commercial harvest in LOS
stands and harvest of trees over 21 inches in diameter. Additional
issues may include the potential effect of the proposed action on
soils, water quality and fish habitat, snags and down wood, disturbance
to cultural resources, potential for noxious weed expansion, and
threatened, endangered and sensitive aquatic, terrestrial and plant
species.
No Inventoried Roadless Areas (IRAs) or potential wilderness areas
are affected by this proposed action.
Public Comment
Public comments about this proposal are requested to identify
issues and alternatives to the proposed action and to focus the scope
of the analysis. Comments received in response to this solicitation,
including names and addresses of those who comment, will be considered
part of the public record on this proposed action, and will be
available for public inspection. Comments submitted anonymously will be
accepted and considered; however, those who submit anonymous comments
will not have standing to appeal the subsequent decisions under 36 CFR
Parts 215 or 217. Additionally, pursuant to 7 CFR 1.27(d), any person
may request the agency to withhold a submission from the public record
by showing how the Freedom of Information Act (FOIA) permits such
confidentiality. Persons requesting such confidentiality should be
aware that under the FOIA, confidentiality may be granted in only very
limited circumstances such as to protect trade secrets. The Forest
Service will inform the requester of the agency's decision regarding
the request for confidentiality, and where the request is denied; the
agency will return the submission and notify the requester that the
comments may be resubmitted with or without name and address within a
specified number of days.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review:
A draft environmental impact statement will be prepared for comment
and is expected in May of 2009. The formal 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 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.
Comments received, including the names and addresses of those who
comment, will be considered part of the
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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: December 3, 2008.
Steven A. Ellis,
Forest Supervisor, Wallowa-Whitman National Forest.
[FR Doc. E8-29131 Filed 12-11-08; 8:45 am]
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