Clear Prong Project, Boise National Forest, Idaho, 52442-52444 [E9-24523]
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52442
Notices
Federal Register
Vol. 74, No. 196
Tuesday, October 13, 2009
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
erowe on DSK5CLS3C1PROD with NOTICES
October 6, 2009.
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 Nov<24>2008
15:29 Oct 09, 2009
Jkt 220001
the collection of information unless it
displays a currently valid OMB control
number.
National Agricultural Statistics Service
Title: Vegetable Surveys.
OMB Control Number: 0535–0037.
Summary of Collection: The primary
function of the National Agricultural
Statistics (NASS) is to prepare and issue
current official state and national
estimates of crop and livestock
production. Vegetable estimates are an
integral part of this function. The
vegetable program is complex in that
some crops are processing only, some
are fresh market only, and others are
dual crops (both processing and fresh
market). Vegetable processors are
surveyed the first week of April for their
intended acreage of vegetables for
processing and the first week of July for
acreage contracted. The fresh market
vegetable program consists of weekly
estimates during the growing season for
tomatoes in Florida. NASS will collect
information using surveys.
Need and Use of the Information:
NASS will collect information to
estimate acreage planted and harvested,
production, price, and utilization for the
various crops. The estimates provide
vital statistics for growers, processors,
and marketers to use in making
production and marketing decisions.
Description of Respondents: Farms;
business or other for-profit.
Number of Respondents: 31,120.
Frequency of Responses: Reporting:
Annually; other (seasonally).
Total Burden Hours: 4,640.
National Agricultural Statistics Service
Title: 2009 Census of Horticultural
Specialties.
OMB Control Number: 0535–0236.
Summary of Collection: The census of
horticultural specialties is one of a
series of census special studies for the
Census of Agriculture which provides
more detailed statistics relating to a
specific subject. The census of
horticultural specialties is an integral
part of the 2007 Census of Agriculture
and is authorized by the Food,
Conservation, and Energy Act of 2008
(Title X—Horticulture and Organic
Agriculture). The Census of
Horticultural Specialties has been
conducted approximately every 10 years
to show how the industry has changed
over time. It was last conducted in 1998
for the reference period of 1997.
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Horticultural crops are high value crops
which farmers could grow to diversify
their farming operations. Using data
from the 2007 Census of Agriculture,
NASS will collect information from
every respondent who reported
production and sales of $10,000 or more
of horticultural specialty crops, and is
still in business in 2009.
Need and Use of the Information:
NASS will collect information on the
number and value of plants grown and
sold, the value of land, buildings,
machinery and equipment, selected
production expenses, irrigation,
marketing channels, hired labor, area
used for production, and type of
structure. Horticulture is one of the
fastest growing segments in the
agriculture sector. The primary objective
of the horticultural specialties census is
to obtain a comprehensive and detailed
picture of the horticultural sector of the
economy. Without the census of
horticultural specialties, government
policy makers and planners would lack
valuable information needed to
accomplish their missions.
Description of Respondents: Farms;
business or other for-profit.
Number of Respondents: 37,700.
Frequency of Responses: Reporting:
One time.
Total Burden Hours: 46,405.
Charlene Parker,
Departmental Information Collection
Clearance Officer.
[FR Doc. E9–24487 Filed 10–9–09; 8:45 am]
BILLING CODE 3410–20–P
DEPARTMENT OF AGRICULTURE
Forest Service
Clear Prong Project, Boise National
Forest, Idaho
Forest Service, USDA.
Notice of Intent to Prepare
Environmental Impact Statement.
AGENCY:
ACTION:
SUMMARY: The Cascade Ranger District
of the Boise National Forest will prepare
an Environmental Impact Statement
(EIS) for the Clear Prong Project. The
entire project area is located in
watersheds that drain into Clear Creek,
which in turn drains into the North Fork
of the Payette River downstream of
Cascade Reservoir. The 11,056 acre
project area is located 10 miles east of
Cascade, Idaho, and about 120 miles
E:\FR\FM\13OCN1.SGM
13OCN1
erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices
north of Boise, Idaho. The agency
invites written comments and
suggestions on the scope of the analysis.
The agency also hereby gives notice of
the environmental analysis and
decision-making process that will occur
on the proposal so interested and
affected people are aware of how they
may participate and contribute to the
final decision. At this time no public
meetings to discuss the project are
planned.
Proposed Action: Seven objectives
have been identified for the project: (1)
Move toward restoration of historic
vegetative conditions by manipulating
the forest structure, density, and species
composition in order to accelerate
development of larger tree size class
stands and old forest habitat; (2)
Consistent with Objective #1, reduce the
level of heavy dwarf mistletoe infection
in Douglas-fir trees where deemed
necessary to accelerate development of
larger tree size class stands and old
forest habitat; (3) Move stands toward
their historic conditions by reducing
fuel loads and ladder fuels through the
use of prescribed fire where such an
action could be accomplished without
substantial mortality of the overstory
trees and where topographic features
would make the use of prescribed fire a
practical management action; (4)
Improve the health, vigor, and
sustainability of aspen clones by
eliminating competing conifer and
brush species; (5) Utilize wood products
created by restoration treatments to
support local and regional economies as
an outcome of pursuing Objectives #1
and #2 above; (6) Reduce managementinduced sediment and recurring
maintenance needs, and address the
intent of the TMDL, by graveling road
surfaces and replacing under-sized
culverts; and (7) Reduce the potential
for sedimentation and future
maintenance needs, and address the
intent of the TMDL, by
decommissioning roads not needed for
the long-term management of the Forest.
The Proposed Action would
implement silvicultural activities,
including thinning of sub-merchantable
trees, prescribed fire, and aspen
enhancement on 2,204 acres. An
estimated 8.4 MMbf would be removed
using tractor/off-road jammer, skyline,
and helicopter yarding systems. The
Proposed Action would employ a
variety of silvicultural prescriptions
including commercial thin, commercial
thin with prescribed fire, sanitation/
improvement, sanitation/improvement
with prescribed fire, individual tree
selection, thinning of sub-merchantable
trees, prescribed fire to abate natural
fuels, and aspen enhancement activities.
VerDate Nov<24>2008
15:29 Oct 09, 2009
Jkt 220001
The Proposed Action would restore
an estimated 0.8 miles of the #409 road
through maintenance activities to
reduce sedimentation. Specifically,
gravel would be applied to the surface
of the #409 road from near the #409/
#409D intersection to Clear Creek
Summit. In addition, 12 under-sized
culverts along the #409 road would be
replaced with culverts sufficient in size
to accommodate a 100-year flow event,
and designed to allow fish passage
where habitat exists upstream. Roughly
1.1 miles of temporary road would be
constructed to facilitate harvest
activities.
An estimated 4.4 miles of existing
road (#405B, #405B2, #405C, #405D,
and #417HX1) not needed for the long
term management of the area would be
decommissioned to reduce future
maintenance needs and to reduce
sedimentation. Decommissioned
sections of these five roads would be
removed from the transportation system.
Preliminary Issues: Preliminary
concerns with the Proposed Action
include potential impacts on water
quality and terrestrial wildlife species.
Possible Alternatives to the Proposed
Action: One alternative to the Proposed
Action that has been discussed thus far
is a no action alternative. Other
alternatives will likely be developed as
issues are identified and information
received.
Decisions To Be Made: The Boise
National Forest Supervisor will decide
the following: (1) Should vegetation be
managed within the project area at this
time, and if so, which stands should be
treated and what silvicultural systems
applied? (2) Should temporary roads be
built at this time, and if so, how many
miles should be built and where should
they occur within the project area? (3)
Should existing classified roads within
the project area receive maintenance
activities to reduce sedimentation, and
if so, where within the project area? (4)
Should portions of roads #405B,
#405B2, #405C, #405D, and #417HX1
be decommissioned at this time? (5)
Based on the completed Clear Prong
Project Roads Analysis, which roads
should be adopted as the minimum
transportation system? (6) What design
features, mitigation measures, and/or
monitoring should be applied to the
project?
DATES: Comments concerning the
proposed project and analysis are
encouraged and should be postmarked
or received within 30 days following
publication of this announcement in the
Federal Register.
ADDRESSES: Comments should be
addressed to the Cascade Ranger
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
52443
District, ATTN: Keith Dimmett, P.O.
Box 696, Cascade, ID 83611 or sent
electronically to comments-intermtnbojse-cascade@fs.fed.us. Electronic
comments must be submitted in plain
text or another format compatible with
Microsoft Word. Comments may also be
delivered to the above address during
regular business hours of 8 a.m. to 4:30
p.m. Monday–Friday. Comments can
also be submitted by phone at 208–382–
7400 or FAX to 208–382–7480.
Comments received in response to this
request will be available for public
inspection and will be released in their
entirety if requested pursuant to the
Freedom of Information Act.
FOR FURTHER INFORMATION CONTACT:
Further information can be obtained
from Keith Dimmett at the address
mentioned above or by calling 208–382
7400.
Schedule: Draft Environmental Impact
Statement (DEIS), January 2010. Final
Environmental Impact Statement (FEIS),
April 2010.
SUPPLEMENTARY INFORMATION: An
estimated 2,194 acres of the Peace Rock
Inventoried Roadless Area (IRA) and an
additional 252 acres of the Stony
Meadows IRA lie within the Clear Prong
Project Area. With the exception of a
small portion of the prescribed fire,
none of the activities associated with
the Proposed Action would occur
within either IRA.
The entire project area drains into
Clear Creek which appears on the State
of Idaho’s 303(d) and 305(b) Integrated
Report. The North Fork Payette River
Subbasin Assessment and Total
Maximum Daily Load (TMDL) was
completed in July 2005 by the Idaho
Department of Environmental Quality
(IDEQ) and approved by the U.S.
Environmental Protection Agency in
August 2005. That document states that
the beneficial uses of ‘‘Upper Clear
Creek’’ (i.e. that portion that occurs
within the project area) do not appear
impacted, but may be threatened by
increasing sediment levels.
The entire project area lies within
Management Area 17 (North Fork
Payette River), discussed on pages 111–
290 through 111–301 in the Forest Plan.
The comment period on the DEIS 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 the DEIS must structure
their participation in the environmental
E:\FR\FM\13OCN1.SGM
13OCN1
52444
Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices
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 DEIS stage but are not
raised until after completion of the FEIS
may be waived or dismissed by the
courts. City of Angoon v. Hodel, 803 F.
2d 1016, 1002 (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 DEIS 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 FEIS.
To assist the Forest Service in
identifying and considering issues and
concerns on the proposed action,
comments on the DEIS should be as
specific as possible. It is also helpful if
comments refer to specific pages or
chapters of the draft 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.
Responsible Official: Cecilia R.
Seesholtz, Forest Supervisor, Boise
National Forest, 1249 South Vinnell
Way, Suite 200, Boise, ID 83709.
Dated: October 6, 2009.
Cecilia R. Seesholtz,
Forest Supervisor.
[FR Doc. E9–24523 Filed 10–9–09; 8:45 am]
BILLING CODE M
Agricultural Research Service
Notice of Intent To Grant Exclusive
License
AGENCY: Agricultural Research Service,
USDA.
ACTION: Notice of intent.
Notice is hereby given that
the U.S. Department of Agriculture,
Agricultural Research Service, intends
to grant to NutriGrown, LLC of
Baltimore, Maryland, an exclusive
license to U.S. Patent Application Serial
No. 11/504,401, ‘‘Fertilizer Formulation
for Reduction of Nutrient and Pesticide
Leaching’’, filed on August 14, 2006.
DATES: Comments must be received on
or before November 12, 2009.
SUMMARY:
erowe on DSK5CLS3C1PROD with NOTICES
Richard J. Brenner,
Assistant Administrator.
[FR Doc. E9–24484 Filed 10–9–09; 8:45 am]
BILLING CODE 3410–03–P
DEPARTMENT OF AGRICULTURE
Forest Service
National Urban and Community
Forestry Advisory Council
15:29 Oct 09, 2009
Jkt 220001
Forest Service, USDA.
Notice of meeting.
AGENCY:
ACTION:
DEPARTMENT OF AGRICULTURE
VerDate Nov<24>2008
Send comments to: USDA,
ARS, Office of Technology Transfer,
5601 Sunnyside Avenue, Rm. 4–1174,
Beltsville, Maryland 20705–5131.
FOR FURTHER INFORMATION CONTACT: June
Blalock of the Office of Technology
Transfer at the Beltsville address given
above; telephone: 301–504–5989.
SUPPLEMENTARY INFORMATION: The
Federal Government’s patent rights in
this invention are assigned to the United
States of America, as represented by the
Secretary of Agriculture. It is in the
public interest to so license this
invention as NutriGrown, LLC of
Baltimore, Maryland, has submitted a
complete and sufficient application for
a license. The prospective exclusive
license will be royalty-bearing and will
comply with the terms and conditions
of 35 U.S.C. 209 and 37 CFR 404.7. The
prospective exclusive license may be
granted unless, within thirty (30) days
from the date of this published Notice,
the Agricultural Research Service
receives written evidence and argument
which establishes that the grant of the
license would not be consistent with the
requirements of 35 U.S.C. 209 and 37
CFR 404.7.
ADDRESSES:
SUMMARY: The National Urban and
Community Forestry Advisory Council
will meet in Washington, DC, October
28–29, 2009. The purpose of the
meeting is to discuss emerging issues in
urban and community forestry, work on
Council administrative items and hear
public input related to urban and
community forestry.
DATES: The meeting will be held on
October 28–29, 2009, 9 a.m. to 5 p.m. or
until Council business is completed.
ADDRESSES: The meeting will be held at
the Franklin Court Building,
Washington, DC, 1099 14th Street, NW.,
Suite 5500 W, Washington, DC, Phone:
202–273–4695. Written comments
concerning this meeting should be
addressed to Nancy Stremple, Executive
Staff to National Urban and Community
Forestry Advisory Council, 201 14th St.,
SW., Yates Building (1 Central) MS–
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
1151, Washington, DC 20250–1151.
Comments may also be sent via e-mail
to nstremple@fs.fed.us, or via facsimile
to 202–690–5792.
All comments, including names and
addresses when provided, are placed in
the record and are available for public
inspection and copying. The public may
inspect comments received at 201 14th
St., SW., Yates Building (1 Central) MS–
1151, Washington, DC. Visitors are
encouraged to call ahead to 202–205–
1054 to facilitate entry into the building.
FOR FURTHER INFORMATION CONTACT:
Nancy Stremple, Executive Staff to
National Urban and Community
Forestry Advisory Council, 201 14th St.,
SW., Yates Building (1 Central) MS–
1151, Washington, DC 20250–1151,
phone 202–205–1054.
Individuals who use
telecommunication devices for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
between 8 a.m. and 8 p.m., Eastern
Standard Time, Monday through Friday.
SUPPLEMENTARY INFORMATION: The
meeting is open to the public. Those
interested in attending should contact
Nancy Stremple to be placed on the list
at the lobby security desk. Council
discussion is limited to Forest Service
staff and Council members; however,
persons who wish to bring urban and
community forestry matters to the
attention of the Council may file written
statements with the Council staff (201
14th St., SW., Yates Building (1 Central)
MS–1151, Washington, DC 20250–1151,
e-mail: nstremple@fs.fed.us) before or
after the meeting. Public input sessions
will be provided at the meeting.
Public comments will be compiled
and provided to the Secretary of
Agriculture along with the Council’s
recommendations.
Dated: September 28, 2009.
James E. Hubbard,
Deputy Chief, State and Private Forestry.
[FR Doc. E9–24607 Filed 10–9–09; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service
Notice of Solicitation of Applications
(NOSA) for Inviting Rural Business
Enterprise Grant Program
Preapplications for Technical
Assistance for Rural Transportation
Systems
AGENCY: Rural Business-Cooperative
Service, USDA.
ACTION: Notice.
E:\FR\FM\13OCN1.SGM
13OCN1
Agencies
[Federal Register Volume 74, Number 196 (Tuesday, October 13, 2009)]
[Notices]
[Pages 52442-52444]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24523]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Clear Prong Project, Boise National Forest, Idaho
AGENCY: Forest Service, USDA.
ACTION: Notice of Intent to Prepare Environmental Impact Statement.
-----------------------------------------------------------------------
SUMMARY: The Cascade Ranger District of the Boise National Forest will
prepare an Environmental Impact Statement (EIS) for the Clear Prong
Project. The entire project area is located in watersheds that drain
into Clear Creek, which in turn drains into the North Fork of the
Payette River downstream of Cascade Reservoir. The 11,056 acre project
area is located 10 miles east of Cascade, Idaho, and about 120 miles
[[Page 52443]]
north of Boise, Idaho. The agency invites written comments and
suggestions on the scope of the analysis. The agency also hereby gives
notice of the environmental analysis and decision-making process that
will occur on the proposal so interested and affected people are aware
of how they may participate and contribute to the final decision. At
this time no public meetings to discuss the project are planned.
Proposed Action: Seven objectives have been identified for the
project: (1) Move toward restoration of historic vegetative conditions
by manipulating the forest structure, density, and species composition
in order to accelerate development of larger tree size class stands and
old forest habitat; (2) Consistent with Objective 1, reduce
the level of heavy dwarf mistletoe infection in Douglas-fir trees where
deemed necessary to accelerate development of larger tree size class
stands and old forest habitat; (3) Move stands toward their historic
conditions by reducing fuel loads and ladder fuels through the use of
prescribed fire where such an action could be accomplished without
substantial mortality of the overstory trees and where topographic
features would make the use of prescribed fire a practical management
action; (4) Improve the health, vigor, and sustainability of aspen
clones by eliminating competing conifer and brush species; (5) Utilize
wood products created by restoration treatments to support local and
regional economies as an outcome of pursuing Objectives 1 and
2 above; (6) Reduce management-induced sediment and recurring
maintenance needs, and address the intent of the TMDL, by graveling
road surfaces and replacing under-sized culverts; and (7) Reduce the
potential for sedimentation and future maintenance needs, and address
the intent of the TMDL, by decommissioning roads not needed for the
long-term management of the Forest.
The Proposed Action would implement silvicultural activities,
including thinning of sub-merchantable trees, prescribed fire, and
aspen enhancement on 2,204 acres. An estimated 8.4 MMbf would be
removed using tractor/off-road jammer, skyline, and helicopter yarding
systems. The Proposed Action would employ a variety of silvicultural
prescriptions including commercial thin, commercial thin with
prescribed fire, sanitation/improvement, sanitation/improvement with
prescribed fire, individual tree selection, thinning of sub-
merchantable trees, prescribed fire to abate natural fuels, and aspen
enhancement activities.
The Proposed Action would restore an estimated 0.8 miles of the
409 road through maintenance activities to reduce
sedimentation. Specifically, gravel would be applied to the surface of
the 409 road from near the 409/409D
intersection to Clear Creek Summit. In addition, 12 under-sized
culverts along the 409 road would be replaced with culverts
sufficient in size to accommodate a 100-year flow event, and designed
to allow fish passage where habitat exists upstream. Roughly 1.1 miles
of temporary road would be constructed to facilitate harvest
activities.
An estimated 4.4 miles of existing road (405B,
405B2, 405C, 405D, and 417HX1) not
needed for the long term management of the area would be decommissioned
to reduce future maintenance needs and to reduce sedimentation.
Decommissioned sections of these five roads would be removed from the
transportation system.
Preliminary Issues: Preliminary concerns with the Proposed Action
include potential impacts on water quality and terrestrial wildlife
species.
Possible Alternatives to the Proposed Action: One alternative to
the Proposed Action that has been discussed thus far is a no action
alternative. Other alternatives will likely be developed as issues are
identified and information received.
Decisions To Be Made: The Boise National Forest Supervisor will
decide the following: (1) Should vegetation be managed within the
project area at this time, and if so, which stands should be treated
and what silvicultural systems applied? (2) Should temporary roads be
built at this time, and if so, how many miles should be built and where
should they occur within the project area? (3) Should existing
classified roads within the project area receive maintenance activities
to reduce sedimentation, and if so, where within the project area? (4)
Should portions of roads 405B, 405B2, 405C,
405D, and 417HX1 be decommissioned at this time? (5)
Based on the completed Clear Prong Project Roads Analysis, which roads
should be adopted as the minimum transportation system? (6) What design
features, mitigation measures, and/or monitoring should be applied to
the project?
DATES: Comments concerning the proposed project and analysis are
encouraged and should be postmarked or received within 30 days
following publication of this announcement in the Federal Register.
ADDRESSES: Comments should be addressed to the Cascade Ranger District,
ATTN: Keith Dimmett, P.O. Box 696, Cascade, ID 83611 or sent
electronically to comments-intermtn-bojse-cascade@fs.fed.us. Electronic
comments must be submitted in plain text or another format compatible
with Microsoft Word. Comments may also be delivered to the above
address during regular business hours of 8 a.m. to 4:30 p.m. Monday-
Friday. Comments can also be submitted by phone at 208-382-7400 or FAX
to 208-382-7480. Comments received in response to this request will be
available for public inspection and will be released in their entirety
if requested pursuant to the Freedom of Information Act.
FOR FURTHER INFORMATION CONTACT: Further information can be obtained
from Keith Dimmett at the address mentioned above or by calling 208-382
7400.
Schedule: Draft Environmental Impact Statement (DEIS), January
2010. Final Environmental Impact Statement (FEIS), April 2010.
SUPPLEMENTARY INFORMATION: An estimated 2,194 acres of the Peace Rock
Inventoried Roadless Area (IRA) and an additional 252 acres of the
Stony Meadows IRA lie within the Clear Prong Project Area. With the
exception of a small portion of the prescribed fire, none of the
activities associated with the Proposed Action would occur within
either IRA.
The entire project area drains into Clear Creek which appears on
the State of Idaho's 303(d) and 305(b) Integrated Report. The North
Fork Payette River Subbasin Assessment and Total Maximum Daily Load
(TMDL) was completed in July 2005 by the Idaho Department of
Environmental Quality (IDEQ) and approved by the U.S. Environmental
Protection Agency in August 2005. That document states that the
beneficial uses of ``Upper Clear Creek'' (i.e. that portion that occurs
within the project area) do not appear impacted, but may be threatened
by increasing sediment levels.
The entire project area lies within Management Area 17 (North Fork
Payette River), discussed on pages 111-290 through 111-301 in the
Forest Plan.
The comment period on the DEIS 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
the DEIS must structure their participation in the environmental
[[Page 52444]]
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 DEIS stage but are not raised until after
completion of the FEIS may be waived or dismissed by the courts. City
of Angoon v. Hodel, 803 F. 2d 1016, 1002 (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 DEIS
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 FEIS.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, comments on the DEIS should be as
specific as possible. It is also helpful if comments refer to specific
pages or chapters of the draft 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.
Responsible Official: Cecilia R. Seesholtz, Forest Supervisor,
Boise National Forest, 1249 South Vinnell Way, Suite 200, Boise, ID
83709.
Dated: October 6, 2009.
Cecilia R. Seesholtz,
Forest Supervisor.
[FR Doc. E9-24523 Filed 10-9-09; 8:45 am]
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