Revision of Land Management Plan for the Uwharrie National Forest, 11508-11511 [2010-5101]
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Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices
identified by stakeholders and are
essential to sustaining the ecological
function and productive capacity of
NFsMS lands. Proposed management
strategies focus on using best
management practices for sustaining
and improving watershed areas within
national forest control while working
cooperatively with other agencies and
landowners to improve statewide
watershed health. Proposed objectives
include the restoration of approximately
10 miles of stream channel every 5 years
in conjunction with culvert replacement
to improve aquatic organism passage,
and the improvement of approximately
10–15 acres of degraded watershed areas
each year.
7. Maintain sustainable infrastructure
and access—It is proposed that the main
priorities for managing the roads, trails,
and facilities that make up the NFsMS
infrastructure would involve the safety
and maintenance of existing systems.
This would include addressing the
backlog of repairs and upgrades,
improvements for environmental
protection, disposal of facilities that are
no longer needed, and rehabilitation of
user-created trails and roads.
Infrastructure additions are anticipated
to be limited and dependent on funding
availability.
8. Maintain sustainable recreation—
Proposed strategies for sustaining
outdoor recreation opportunities on the
NFsMS under anticipated funding levels
focus on maintaining and improving
existing dispersed recreation
opportunities and developed recreation
sites, with the addition of new facilities
and amenities dependent on expanding
local and State-wide partnerships.
9. Provide stable economic benefits—
The national forest activities that
generate the majority of the revenues
that feed back into the local economy in
Mississippi come from timber, minerals,
and recreation. As a result of the
proposal to restore native ecosystems to
appropriate sites and maintaining
healthy and resilient forests, it is
anticipated that there would be a steady
flow of economic benefits similar to
those received in recent years.
10. Adapt to changing conditions—
An increase in extreme weather events
is the climate change factor most likely
to affect the NFsMS in the next 10–15
years. Proposed strategies include
reducing vulnerability by maintaining
and restoring resilient native
ecosystems, enhancing adaptation by
reducing serious disturbances and
taking advantage of disruptions, using
preventative measures to reduce
opportunities for forest pests, and
mitigating greenhouse emissions by
reducing carbon loss from hurricanes.
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H. Preliminary Alternatives
Information gathered during this
comment period, as well as other
feedback, will be used to identify issues
that will serve as a focus for developing
alternatives to be analyzed in the draft
EIS.
I. Public Involvement
The public is invited to provide
comments on this NOI, especially
regarding the scope of analysis for the
items identified under Need for Change
and Proposed Action sections above.
Additional information is available on
the National Forests in Mississippi Web
site: https://www.fs.fed.us/r8/
mississippi/.
Notice of public meeting times and
places will be posted on the above Web
site and will also be published in the
newspaper of record (legal notice
section) for National Forests in
Mississippi (Clarion-Ledger—Jackson,
Mississippi).
It is important that reviewers provide
their comments at such times and in
such a way that they are useful to the
Agency’s preparation of the revised plan
and the EIS. Therefore, comments on
the proposed action and need for change
will be most valuable if received by May
7, 2010 and should clearly articulate the
reviewers’ concerns. The submission of
timely and specific comments can affect
a reviewer’s ability to participate in
subsequent administrative or judicial
review. At this time, we anticipate using
a pre-decisional objection process for
administrative review.
Comments received in response to
this solicitation, including the names
and addresses of those who comment
will be part of the public record for this
proposed action. Comments submitted
anonymously will be accepted and
considered.
Authority: 16 U.S.C. 1600–1614; 36 CFR
219.35 [74 FR 67073–67074].
Dated: March 2, 2010._
Margrett L. Boley,
Forest Supervisor.
[FR Doc. 2010–4932 Filed 3–10–10; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
Forest Service
Revision of Land Management Plan for
the Uwharrie National Forest
Forest Service, USDA.
Notice of Intent To Revise the
Land and Resource Management Plan
and Prepare an Environmental Impact
Statement.
AGENCY:
ACTION:
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SUMMARY: As directed by the National
Forest Management Act, the USDA
Forest Service is preparing the Uwharrie
National Forest’s revised land
management plan (forest plan) and will
also prepare an Environmental Impact
Statement (EIS) for this revised forest
plan. This notice briefly describes the
nature of the decision to be made, the
need for change and proposed action,
and information concerning public
participation. It also provides estimated
dates for filing the ElS and the name
and address of the responsible agency
official and the individuals who can
provide additional information. Finally,
this notice briefly describes the
applicable planning rule and how plan
revision work completed under the 2008
planning rule will be used or modified
for completing this plan revision. The
revised forest plan will supersede the
current forest plan that was approved by
the Regional Forester in May 1986. The
current forest plan will remain in effect
until the revised forest plan takes effect.
DATES: Comments concerning the need
for change and proposed action
provided in this notice will be most
useful in the development of the draft
revised forest plan and EIS if received
by May 7, 2010. The agency expects to
release a draft revised forest plan and
draft EIS for formal comment by
October, 2010 and a final revised forest
plan and final EIS by September, 2011.
ADDRESSES: Comments may be sent via
e-mail: comments-southern-north
carolina@/fs.fed.us, or via facsimile to
828–257–4263. Send or deliver written
comments to: National Forests in North
Carolina, Attention: Uwharrie Plan
Revision Team, 160A Zillicoa Street,
Asheville, NC 28801.
FOR FURTHER INFORMATION CONTACT:
Ruth Berner, Forest Planner, National
Forests in North Carolina, 160A Zillicoa
Street, Asheville, NC, (828) 257–4862.
Information regarding this revision is
also available at the National Forests in
North Carolina Web site: https://
www.cs.unca.edu/nfsnc/uwliarrie_plan/
index.htm. 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 Time
Monday through Friday.
SUPPLEMENTARY INFORMATION:
A. Name and Address of the
Responsible Official
The responsible official who will
approve the Record of Decision is
Elizabeth Agpaoa, Regional Forester,
1720 Peachtree Road NW., Atlanta,
Georgia, 30309.
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B. Nature of the Decision To Be Made
The Uwharrie National Forest is
preparing an EIS to revise the current
forest plan. The EIS process is meant to
inform the Regional Forester so that she
can decide which alternative best meets
the diverse needs of people while
protecting the forest’s resources, as
required by the National Forest
Management Act and the Multiple Use
Sustained Yield Act. The revised forest
plan will describe the strategic intent of
managing the Uwharrie National Forest
into the next 10 to 15 years and will
address the need for change described
below. The revised forest plan will
provide management direction in the
form of goals (desired conditions),
objectives, suitability determinations,
standards, guidelines, and a monitoring
plan. It may also make new special
interest area designations and
recommendations.
It is also important to identify the
types of decisions that will not be made
within the revised forest plan. The
authorization of project-level activities
on the forests is not a decision made in
the forest plan but occurs through
subsequent project specific decision
making. The designation routes and
trails for motorized vehicle travel,
equestrian and mountain bike use are
not considered during plan revision, but
will be addressed through subsequent
planning processes. Some issues (e.g.,
hunting regulations), although
important, are beyond the authority or
control of the Uwharrie National Forest
and will not be considered.
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C. Need for Change and Proposed
Action
According to the National Forest
Management Act, forest plans are to be
revised on a 10 to 15 year cycle. The
purpose and need for revising the
current forest plan are (1) the forest plan
is over 20 years old, and (2) since the
forest plan was approved in 1986, there
have been changes in economic, social,
and ecological conditions, new policies
and priorities, and new information
based on monitoring and scientific
research. Extensive public and
employee collaboration, along with
science-based evaluations, identified the
need for change in the current forest
plan. This need for change has been
organized into three revision themes
that focus on the sustainability of
ecological, social, and economic
systems: (1) Restoring the forest to a
more natural ecological condition, (2)
better managing heritage resources, and
(3) providing outstanding and
environmentally friendly outdoor
recreation opportunities, with excellent
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trails and facilities. The need for change
is described fully in the Draft Analysis
of the Management Situation document,
which is available on the forests’ Web
site: https://www.cs.unca.edu/nfsnc/
uwharrie_plan/index.htm.
The Proposed Action is to revise the
current forest plan to address the
following three revision themes:
Revision Theme 1—Restoring Tile
Forest to a More Natural Ecological
Condition
Restoring Native Ecosystems
Existing Forest ecosystems include
native pine and hardwood communities,
but also include loblolly pine
communities on sites that once
supported longleaf pine and oak hickory
forests. The 1986 Plan emphasized
timber production and one result was
additional loblolly planting. By
refocusing the emphasis onto restoration
of native ecosystems, the proposed
action includes re-introduction of
longleaf pine and oak hickory forests on
appropriate sites.
Woodlands and open, prairie like
conditions also existed in the Uwharrie
area in the past and supported a variety
of sun-loving species that are now rare
in the current more closed-canopy
conditions. The Endangered
Schweinitz’s sunflower is one such
species. The proposed action includes
creating more open woodland
conditions to support these rare species,
thus better contributing to native
biological diversity.
Using Fire as a Tool
Restoring natural fire regimes is
important in sustaining some native
ecosystems such as longleaf pine and
the open woodland conditions utilized
by other rare plants. The proposed
action increases the use of prescribed
fire for better maintenance of these
native plant communities.
Controlling Non-Native Invasive Plants
The 1986 Plan did not emphasize
controlling non-native invasive plant
species. The proposed action sets
objectives for addressing this issue.
Consistent Acorn Production
There is a relatively limited supply of
oaks in the age range when acorns are
most abundantly produced. The
proposed action includes periodic
vegetation management to maintain a
more consistent amount of oaks with
prime acorn production capabilities.
Selective Stream Restoration
Opportunities exist to improve stream
channel stability and aquatic habitat.
The proposed action emphasizes
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proactive restoration of streams and
aquatic habitats.
Revision Theme 2—Better Managing
Heritage Resources
Studying History
There are more than 1,600 recorded
heritage resources on the Uwharrie.
These resources include artifacts and
archeological sites that document
human use of the area for more than
14,000 years. The Forest was home for
people who extracted its resources and
the Forest holds abundant evidence of
their activities and habitations. Their
effects on the landscape and the
environment’s effects on the people can
only be understood with further study
of these resources.
Protecting History
Unauthorized disturbance and
collection of artifacts is prohibited
under the Archeological Resources
Protection Act of 1979, which protects
all artifacts and sites over 100 years of
age located on Federal lands. The
proposed action includes direction to
mitigate impacts to high priority sites.
Interpreting History
Opportunities abound for historic
interpretation (Thomburg property,
Crump Farm, Arrowhead Trail,
goldmines) and for scientific research
(prehistoric quarries and bogs/upland
swamps). Bogs and upland swamps are
likely to contain well-preserved data to
interpret past environments. The
proposed action includes direction to
create additional opportunities for
heritage resource interpretation.
Revision Theme 3—Providing
Outstanding and Environmentally
Friendly Outdoor Recreation
Opportunities, With Excellent Trails
and Facilities
Growth as a Tourist Destination
The Uwharrie is the top tourist
destination in Montgomery County, and
one of several popular tourist
destinations in Randolph County. There
may be tourism related opportunities to
provide more economic benefits to local
communities. The proposed action
includes direction to provide wellmaintained tourism-related
infrastructure that would continue to
attract visitors.
Nature Hikes and Day Use More
Popular
Many visitors to the Uwharrie seek a
place to walk, view nature, and perhaps
picnic, swim, or fish. The Forest, with
its lake and river frontage, rolling
topography, and facilities, is currently
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providing a variety of these desired
opportunities. These opportunities can
help support the health and well-being
of the populations of forest visitors. The
proposed action emphasizes the
Uwharrie National Recreation Trail,
Badin Lake Recreation Area, the many
trail systems, and the Uwharrie River.
Forest Roads and Trails in Need of
Improvement
There may be opportunities to
improve the existing Forest road and
trail system, to enhance public access
while minimizing visitor conflicts and
resource damage. The proposed action
focuses considerable attention on the
trail systems, and includes a desire for
moving equestrian and mountain bike
use to a designated trail system. OHVs
are already limited to a designated
system.
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Providing Visitor Information
The proposed action places more
emphasis on visitor information that
could increase visitor enjoyment and be
a useful tool in controlling visitor
impacts.
D. Public Involvement on the Proposed
Action
Extensive public involvement and
collaboration on revising the Uwharrie’s
Forest Plan has already occurred.
Discussions with the public regarding
needed changes to the current forest
plan began with a series of public
meetings in 2005 and 2006. This input,
along with science-based evaluations,
was used to determine a need for change
and a proposed plan. Correspondence,
news releases, comment periods, and
other tools were used to gather feedback
from the public, forest employees, tribal
governments, federal and state agencies,
and local governments. A Proposed
Land Management Plan for the
Uwharrie National Forest was issued for
a 90-day public comment period
beginning February 15, 2007. Before the
end of that comment period, the 2005
Forest Service planning rule was
enjoined by federal court. Preparation of
the revised plan was halted at that time.
A new planning rule was implemented
on April 21, 2008 allowing the planning
process to be resumed. A second
Proposed Land Management Plan for the
Uwharrie National Forest was then
issued for a 90-day comment period on
February 23, 2009, following the
direction of the 2008 Planning Rule. The
2008 planning rule was also enjoined by
a federal court. The planning process for
revising the Uwharrie’s Forest Plan is
now moving forward using the
requirements of the 1982 planning rule
(see the discussion below for more
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information on the sequence of events
and the determination that the Uwharrie
National Forest can continue the
planning process using the provisions of
the 1982 planning rule). The Forest
Service is now soliciting comments on
a new proposal to revise the Uwharrie
National Forest Land and Resource
Management Plan. This proposal
reflects the work that has previously
been accomplished and adjusted to meet
the requirements of the 1982 rule. A
copy of the proposal can be found on
the Web site described at the end of this
notice.
E. Issues and Preliminary Alternatives
Information gathered during this
comment period, as well as other
feedback, will be used to prepare the
draft EIS. At this time, the Uwharrie
National Forest is seeking input on the
proposed action. From these comments
the Forest Service will identify issues
that will serve as a focus for developing
alternatives to be analyzed in the EIS.
F. Scoping Process
Comments on the need for change,
issues, proposed action, and
preliminary alternatives will be most
valuable if received by May 7, 2010 and
should clearly articulate the reviewer’s
concerns. Comments received in
response to this solicitation, including
the names and addresses of those who
comment, will be part of the public
record. The submission of timely and
specific comments can affect a
reviewer’s ability to participate in any
subsequent administrative or judicial
review. At this time, we anticipate using
a pre-decisional objection process for
administrative review. Comments
submitted anonymously will be
accepted and considered.
G. Applicable Planning Rule
Preparation of the revised forest plan
for the Uwharrie National Forest
originally began with the publication of
a Notice of Initiation in the Federal
Register on November 18, 2005 [70 FR
69931] and was initiated under the
planning procedures contained in the
2005 Forest Service planning rule (36
CFR 219 (2005)). On March 30, 2007,
the United States District Court for the
Northern District of California enjoined
the Forest Service from implementing
the 2005 planning rule and the revision
of the Uwharrie’s Forest Plan under the
2005 rule was suspended in response to
that injunction. On April 21, 2008, the
Forest Service adopted a new planning
rule that allowed resumption of the
revision process if it conformed to the
new planning rule (36 CFR
219.14(b)(3)(ii) (2008)). On February 25,
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2009, a Notice of Adjustment for
Resuming the land management
revision process and Notice of
Commencement of a 90-day comment
period for the Uwharrie National Forest
Proposed Land Management Plan was
published in the Federal Register [74
FR 8500]. Then on June 30, 2009, the
2008 planning rule was enjoined by the
United States District Court for the
Northern District of California (Citizens
for Better Forestry v. United States
Department of Agriculture, No. C 08–
1927 CW (N.D. Cal. June 30, 2009)) and
the revision of the Uwharrie’s Forest
Plan was again suspended. The
Department of Agriculture has
determined that the 2000 planning rule
is now back in effect. The 2000 planning
rule’s transition provisions (36 CFR
219.35), amended in 2002 and 2003,
clarified by interpretative rules issued
in 2001 and 2004, and reissued on
December 18, 2009 [74 FR 67059–
67075], allow use of the provisions of
the planning rule in effect prior to the
effective date of the 2000 Rule
(November 9, 2000), commonly called
the 1982 planning rule, to amend or
revise forest plans. The Uwharrie
National Forest has elected to use the
provisions of the 1982 planning rule,
including the requirement to prepare an
ElS, to complete its forest plan revision.
H. Other Prior Plan Revision Efforts
Although the 2008 planning rule is no
longer in effect, the information
gathered from public collaboration
efforts and most of the analysis
conducted prior to the court’s
injunction in June 2009 is still useful for
completing the plan revision using the
provisions of the 1982 planning
regulations.
Æ Under the 2005 and 2008 planning
rules, a Comprehensive Evaluation
Report (CER) was completed that
formed the basis for the need to change
and the proposed plan that was
available for public comment in 2007
and 2009. This analysis has been
updated with additional information to
meet the requirements of the Analysis of
Management Situation (AMS)
provisions of the 1982 planning rule.
The information from this Draft
Analysis of the Management Situation
report was then used to update the
proposed action. As the planning
process continues, comments received
during the scoping process, plus any
new information or areas identified as
needing to be changed, will be used to
supplement the AMS documents. Other
AMS requirements will also continue to
be worked on as the planning process
proceeds.
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Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices
Æ Information on the life history,
threats, habitat needs and population
trends of a number of terrestrial and
aquatic species contained in the forest
planning records for ecosystem and
species diversity assessments will
continue to be used as a reference in the
planning process as appropriate to meet
the requirements of the 1982 planning
rule. This is scientific information and
is not affected by the change of the
planning rule. This information will be
updated with any new available
information.
Æ Public comments previously
submitted in writing, or recorded at past
public meetings, related to the revision
of the Uwharrie’s Forest Plan since 2005
will be used to help identify issues and
concerns and to help develop
alternatives to address these issues and
concerns.
I. Documents Available for Review
The proposed action, background
reports, assessments, datasets, and
public comments are posted on the
Forest’s Web site at: https://
www.cs.unca.edu/nfsnc/uwharrie_plan/
index.htm. As necessary or appropriate,
this material will be further adjusted as
part of the planning process using the
provisions of the 1982 planning rule.
(Authority: 16 U.S.C. 1600–1614; 36 CFR
219.35 [74 FR 67073–67074]).
Dated March 3, 2010.
Marisue Hilliard,
Forest Supervisor.
[FR Doc. 2010–5101 Filed 3–10–10; 8:45 am]
BILLING CODE 3410–ES–M
DEPARTMENT OF AGRICULTURE
Forest Service
Rogue River-Siskiyou National Forest;
Mt. Ashland Ski Area Expansion,
Jackson County, OR
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ACTION: Notice of Intent to prepare a
Supplemental Environmental Impact
Statement to analyze and correct NFMA
and NEPA violations found by the
United States Court of Appeals for the
Ninth Circuit in CV–05–03004–PA, to
conditionally authorize expansion of the
Mt. Ashland Ski Area.
SUMMARY: In September 2004, the Forest
Service issued a Record of Decision
(ROD) for the Mt. Ashland Ski Area
(MASA) expansion, selecting
Alternative 2 with some modifications
adopted from Alternative 6. The Forest
Service received twenty-eight notices of
appeal to the ROD. In December 2004,
the Forest Service denied all
administrative appeals to the ROD. In
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January 2005, Oregon Natural Resources
Council (ONRC) filed suit against the
Forest Service and Regional Forester
Linda Goodman seeking declaratory and
injunctive relief on the grounds that the
MASA expansion project violated both
the NEPA and the NFMA. On February
9, 2007, after considering cross motions
for summary judgment, a United States
District Court entered summary
judgment against ONRC. ONRC filed a
timely notice of appeal to the Ninth
Circuit Court of Appeals. Upon review,
the Court of Appeals remanded the case
to the district court and instructed it to
promptly enjoin the MASA expansion
project contemplated in the 2004 ROD
until the Forest Service corrected the
NFMA and NEPA violations found in
Opinion CV–05–03004–PA.
DATES: Under 40 CFR 1502.9(c)(4), there
is no formal scoping period for this
action. The Draft Supplemental
Environmental Impact Statement (SEIS)
is expected March 2010 and the Final
Supplemental Environmental Impact
Statement is expected May 2010.
FOR FURTHER INFORMATION CONTACT:
Steve Johnson, Siskiyou Mountains
Ranger District, Rogue River-Siskiyou
National Forest, 645 Washington Street,
Ashland, Oregon, 97520, Telephone
(541) 552–2900; FAX (541) 552–2922.
SUPPLEMENTARY INFORMATION: The Court
of Appeals identified several NFMA and
NEPA claims, including failure to
conduct a proper Biological Evaluation
for the Pacific fisher that addresses the
five steps referenced in the Land and
Resource Management Plan (LRMP).
The Court of Appeals found it necessary
to understand the type of habitat the
Pacific fisher requires for food, shelter
and reproduction. A link between
mapping of habitat and habitat needs
must be made in order to use habitat as
a proxy for population census. Potential
impacts of displacing fisher and
damaging habitat in the corridor
between the Siskiyous and Southern
cascades must be understood.
Cumulative effects of foreseeable future
projects on fisher habitat must be
understood. The Court of Appeals also
found failure to appropriately designate
Riparian Reserve and Restricted
Watershed land allocations and to
properly analyze against LRMP
standards and guidelines for soils.
Landslide Hazard Zone 2 should have
been designated as Riparian Reserve.
Purpose and Need for Action
The purpose and need for this
supplemental document is to analyze
and correct specific violations identified
by the Ninth Circuit Court of Appeals
which will allow a determination on
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11511
whether and to what extent analysis of
supplemental information might alter
the decision to allow ski area expansion.
This action is needed to address the
appropriateness of the previous decision
and to be responsive to the Court of
Appeals Opinion and district court
injunction.
Responsible Official
The Rogue River-Siskiyou and
Klamath National Forests are jointly
responsible for public land management
of the Special Use Permit area. The
Rogue River-Siskiyou National Forest
has been authorized to make decisions
regarding implementation of ski area
expansion activities at Mt. Ashland
under the terms of a February 4, 2004
Intra Agency Agreement (No. 03–IA–
11061002–005), between the Klamath
National Forest and the Rogue RiverSiskiyou National Forest and renewed
on May 12, 2009 Intra Agency
Agreement (09–IA–11061001–003).
Decision Framework
The Forest Service will use the results
of supplemental analysis to determine if
and how the violations identified by the
Ninth Circuit will affect the 2004
decision. The Forest Service will decide
whether to withdraw the 2004 decision,
or issue a new or supplemental
decision. If a new or supplemental
decision is issued following preparation
of the Final Supplemental
Environmental Impact Statement, that
decision will be subject to appeal in
accordance with 36 CFR 215.
Early Notice of Importance of Public
Participation in Subsequent
Environmental Review
A Draft SEIS will be prepared for
comment. Comments received on the
Draft SEIS will be considered in the
preparation of the Final SEIS. The Draft
SEIS is now expected to be filed with
the Environmental Protection Agency
(EPA) and to be available for public
review in March 2010. The comment
period on the Draft SEIS will be 45-days
from the date EPA publishes the Notice
of Availability in the Federal Register.
At the end of the comment period on
the Draft SETS, comments will be
analyzed and considered by the Forest
Service in preparing the Final SEIS. The
Final SETS is scheduled to be
completed by May 2010. The Forest
Service believes 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
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Agencies
[Federal Register Volume 75, Number 47 (Thursday, March 11, 2010)]
[Notices]
[Pages 11508-11511]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5101]
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DEPARTMENT OF AGRICULTURE
Forest Service
Revision of Land Management Plan for the Uwharrie National Forest
AGENCY: Forest Service, USDA.
ACTION: Notice of Intent To Revise the Land and Resource Management
Plan and Prepare an Environmental Impact Statement.
-----------------------------------------------------------------------
SUMMARY: As directed by the National Forest Management Act, the USDA
Forest Service is preparing the Uwharrie National Forest's revised land
management plan (forest plan) and will also prepare an Environmental
Impact Statement (EIS) for this revised forest plan. This notice
briefly describes the nature of the decision to be made, the need for
change and proposed action, and information concerning public
participation. It also provides estimated dates for filing the ElS and
the name and address of the responsible agency official and the
individuals who can provide additional information. Finally, this
notice briefly describes the applicable planning rule and how plan
revision work completed under the 2008 planning rule will be used or
modified for completing this plan revision. The revised forest plan
will supersede the current forest plan that was approved by the
Regional Forester in May 1986. The current forest plan will remain in
effect until the revised forest plan takes effect.
DATES: Comments concerning the need for change and proposed action
provided in this notice will be most useful in the development of the
draft revised forest plan and EIS if received by May 7, 2010. The
agency expects to release a draft revised forest plan and draft EIS for
formal comment by October, 2010 and a final revised forest plan and
final EIS by September, 2011.
ADDRESSES: Comments may be sent via e-mail: comments-southern-north
carolina@/fs.fed.us, or via facsimile to 828-257-4263. Send or deliver
written comments to: National Forests in North Carolina, Attention:
Uwharrie Plan Revision Team, 160A Zillicoa Street, Asheville, NC 28801.
FOR FURTHER INFORMATION CONTACT: Ruth Berner, Forest Planner, National
Forests in North Carolina, 160A Zillicoa Street, Asheville, NC, (828)
257-4862. Information regarding this revision is also available at the
National Forests in North Carolina Web site: https://www.cs.unca.edu/nfsnc/uwliarrie_plan/index.htm. 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
Time Monday through Friday.
SUPPLEMENTARY INFORMATION:
A. Name and Address of the Responsible Official
The responsible official who will approve the Record of Decision is
Elizabeth Agpaoa, Regional Forester, 1720 Peachtree Road NW., Atlanta,
Georgia, 30309.
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B. Nature of the Decision To Be Made
The Uwharrie National Forest is preparing an EIS to revise the
current forest plan. The EIS process is meant to inform the Regional
Forester so that she can decide which alternative best meets the
diverse needs of people while protecting the forest's resources, as
required by the National Forest Management Act and the Multiple Use
Sustained Yield Act. The revised forest plan will describe the
strategic intent of managing the Uwharrie National Forest into the next
10 to 15 years and will address the need for change described below.
The revised forest plan will provide management direction in the form
of goals (desired conditions), objectives, suitability determinations,
standards, guidelines, and a monitoring plan. It may also make new
special interest area designations and recommendations.
It is also important to identify the types of decisions that will
not be made within the revised forest plan. The authorization of
project-level activities on the forests is not a decision made in the
forest plan but occurs through subsequent project specific decision
making. The designation routes and trails for motorized vehicle travel,
equestrian and mountain bike use are not considered during plan
revision, but will be addressed through subsequent planning processes.
Some issues (e.g., hunting regulations), although important, are beyond
the authority or control of the Uwharrie National Forest and will not
be considered.
C. Need for Change and Proposed Action
According to the National Forest Management Act, forest plans are
to be revised on a 10 to 15 year cycle. The purpose and need for
revising the current forest plan are (1) the forest plan is over 20
years old, and (2) since the forest plan was approved in 1986, there
have been changes in economic, social, and ecological conditions, new
policies and priorities, and new information based on monitoring and
scientific research. Extensive public and employee collaboration, along
with science-based evaluations, identified the need for change in the
current forest plan. This need for change has been organized into three
revision themes that focus on the sustainability of ecological, social,
and economic systems: (1) Restoring the forest to a more natural
ecological condition, (2) better managing heritage resources, and (3)
providing outstanding and environmentally friendly outdoor recreation
opportunities, with excellent trails and facilities. The need for
change is described fully in the Draft Analysis of the Management
Situation document, which is available on the forests' Web site: https://www.cs.unca.edu/nfsnc/uwharrie_plan/index.htm.
The Proposed Action is to revise the current forest plan to address
the following three revision themes:
Revision Theme 1--Restoring Tile Forest to a More Natural Ecological
Condition
Restoring Native Ecosystems
Existing Forest ecosystems include native pine and hardwood
communities, but also include loblolly pine communities on sites that
once supported longleaf pine and oak hickory forests. The 1986 Plan
emphasized timber production and one result was additional loblolly
planting. By refocusing the emphasis onto restoration of native
ecosystems, the proposed action includes re-introduction of longleaf
pine and oak hickory forests on appropriate sites.
Woodlands and open, prairie like conditions also existed in the
Uwharrie area in the past and supported a variety of sun-loving species
that are now rare in the current more closed-canopy conditions. The
Endangered Schweinitz's sunflower is one such species. The proposed
action includes creating more open woodland conditions to support these
rare species, thus better contributing to native biological diversity.
Using Fire as a Tool
Restoring natural fire regimes is important in sustaining some
native ecosystems such as longleaf pine and the open woodland
conditions utilized by other rare plants. The proposed action increases
the use of prescribed fire for better maintenance of these native plant
communities.
Controlling Non-Native Invasive Plants
The 1986 Plan did not emphasize controlling non-native invasive
plant species. The proposed action sets objectives for addressing this
issue.
Consistent Acorn Production
There is a relatively limited supply of oaks in the age range when
acorns are most abundantly produced. The proposed action includes
periodic vegetation management to maintain a more consistent amount of
oaks with prime acorn production capabilities.
Selective Stream Restoration
Opportunities exist to improve stream channel stability and aquatic
habitat. The proposed action emphasizes proactive restoration of
streams and aquatic habitats.
Revision Theme 2--Better Managing Heritage Resources
Studying History
There are more than 1,600 recorded heritage resources on the
Uwharrie. These resources include artifacts and archeological sites
that document human use of the area for more than 14,000 years. The
Forest was home for people who extracted its resources and the Forest
holds abundant evidence of their activities and habitations. Their
effects on the landscape and the environment's effects on the people
can only be understood with further study of these resources.
Protecting History
Unauthorized disturbance and collection of artifacts is prohibited
under the Archeological Resources Protection Act of 1979, which
protects all artifacts and sites over 100 years of age located on
Federal lands. The proposed action includes direction to mitigate
impacts to high priority sites.
Interpreting History
Opportunities abound for historic interpretation (Thomburg
property, Crump Farm, Arrowhead Trail, goldmines) and for scientific
research (prehistoric quarries and bogs/upland swamps). Bogs and upland
swamps are likely to contain well-preserved data to interpret past
environments. The proposed action includes direction to create
additional opportunities for heritage resource interpretation.
Revision Theme 3--Providing Outstanding and Environmentally Friendly
Outdoor Recreation Opportunities, With Excellent Trails and Facilities
Growth as a Tourist Destination
The Uwharrie is the top tourist destination in Montgomery County,
and one of several popular tourist destinations in Randolph County.
There may be tourism related opportunities to provide more economic
benefits to local communities. The proposed action includes direction
to provide well-maintained tourism-related infrastructure that would
continue to attract visitors.
Nature Hikes and Day Use More Popular
Many visitors to the Uwharrie seek a place to walk, view nature,
and perhaps picnic, swim, or fish. The Forest, with its lake and river
frontage, rolling topography, and facilities, is currently
[[Page 11510]]
providing a variety of these desired opportunities. These opportunities
can help support the health and well-being of the populations of forest
visitors. The proposed action emphasizes the Uwharrie National
Recreation Trail, Badin Lake Recreation Area, the many trail systems,
and the Uwharrie River.
Forest Roads and Trails in Need of Improvement
There may be opportunities to improve the existing Forest road and
trail system, to enhance public access while minimizing visitor
conflicts and resource damage. The proposed action focuses considerable
attention on the trail systems, and includes a desire for moving
equestrian and mountain bike use to a designated trail system. OHVs are
already limited to a designated system.
Providing Visitor Information
The proposed action places more emphasis on visitor information
that could increase visitor enjoyment and be a useful tool in
controlling visitor impacts.
D. Public Involvement on the Proposed Action
Extensive public involvement and collaboration on revising the
Uwharrie's Forest Plan has already occurred. Discussions with the
public regarding needed changes to the current forest plan began with a
series of public meetings in 2005 and 2006. This input, along with
science-based evaluations, was used to determine a need for change and
a proposed plan. Correspondence, news releases, comment periods, and
other tools were used to gather feedback from the public, forest
employees, tribal governments, federal and state agencies, and local
governments. A Proposed Land Management Plan for the Uwharrie National
Forest was issued for a 90-day public comment period beginning February
15, 2007. Before the end of that comment period, the 2005 Forest
Service planning rule was enjoined by federal court. Preparation of the
revised plan was halted at that time. A new planning rule was
implemented on April 21, 2008 allowing the planning process to be
resumed. A second Proposed Land Management Plan for the Uwharrie
National Forest was then issued for a 90-day comment period on February
23, 2009, following the direction of the 2008 Planning Rule. The 2008
planning rule was also enjoined by a federal court. The planning
process for revising the Uwharrie's Forest Plan is now moving forward
using the requirements of the 1982 planning rule (see the discussion
below for more information on the sequence of events and the
determination that the Uwharrie National Forest can continue the
planning process using the provisions of the 1982 planning rule). The
Forest Service is now soliciting comments on a new proposal to revise
the Uwharrie National Forest Land and Resource Management Plan. This
proposal reflects the work that has previously been accomplished and
adjusted to meet the requirements of the 1982 rule. A copy of the
proposal can be found on the Web site described at the end of this
notice.
E. Issues and Preliminary Alternatives
Information gathered during this comment period, as well as other
feedback, will be used to prepare the draft EIS. At this time, the
Uwharrie National Forest is seeking input on the proposed action. From
these comments the Forest Service will identify issues that will serve
as a focus for developing alternatives to be analyzed in the EIS.
F. Scoping Process
Comments on the need for change, issues, proposed action, and
preliminary alternatives will be most valuable if received by May 7,
2010 and should clearly articulate the reviewer's concerns. Comments
received in response to this solicitation, including the names and
addresses of those who comment, will be part of the public record. The
submission of timely and specific comments can affect a reviewer's
ability to participate in any subsequent administrative or judicial
review. At this time, we anticipate using a pre-decisional objection
process for administrative review. Comments submitted anonymously will
be accepted and considered.
G. Applicable Planning Rule
Preparation of the revised forest plan for the Uwharrie National
Forest originally began with the publication of a Notice of Initiation
in the Federal Register on November 18, 2005 [70 FR 69931] and was
initiated under the planning procedures contained in the 2005 Forest
Service planning rule (36 CFR 219 (2005)). On March 30, 2007, the
United States District Court for the Northern District of California
enjoined the Forest Service from implementing the 2005 planning rule
and the revision of the Uwharrie's Forest Plan under the 2005 rule was
suspended in response to that injunction. On April 21, 2008, the Forest
Service adopted a new planning rule that allowed resumption of the
revision process if it conformed to the new planning rule (36 CFR
219.14(b)(3)(ii) (2008)). On February 25, 2009, a Notice of Adjustment
for Resuming the land management revision process and Notice of
Commencement of a 90-day comment period for the Uwharrie National
Forest Proposed Land Management Plan was published in the Federal
Register [74 FR 8500]. Then on June 30, 2009, the 2008 planning rule
was enjoined by the United States District Court for the Northern
District of California (Citizens for Better Forestry v. United States
Department of Agriculture, No. C 08-1927 CW (N.D. Cal. June 30, 2009))
and the revision of the Uwharrie's Forest Plan was again suspended. The
Department of Agriculture has determined that the 2000 planning rule is
now back in effect. The 2000 planning rule's transition provisions (36
CFR 219.35), amended in 2002 and 2003, clarified by interpretative
rules issued in 2001 and 2004, and reissued on December 18, 2009 [74 FR
67059-67075], allow use of the provisions of the planning rule in
effect prior to the effective date of the 2000 Rule (November 9, 2000),
commonly called the 1982 planning rule, to amend or revise forest
plans. The Uwharrie National Forest has elected to use the provisions
of the 1982 planning rule, including the requirement to prepare an ElS,
to complete its forest plan revision.
H. Other Prior Plan Revision Efforts
Although the 2008 planning rule is no longer in effect, the
information gathered from public collaboration efforts and most of the
analysis conducted prior to the court's injunction in June 2009 is
still useful for completing the plan revision using the provisions of
the 1982 planning regulations.
[cir] Under the 2005 and 2008 planning rules, a Comprehensive
Evaluation Report (CER) was completed that formed the basis for the
need to change and the proposed plan that was available for public
comment in 2007 and 2009. This analysis has been updated with
additional information to meet the requirements of the Analysis of
Management Situation (AMS) provisions of the 1982 planning rule. The
information from this Draft Analysis of the Management Situation report
was then used to update the proposed action. As the planning process
continues, comments received during the scoping process, plus any new
information or areas identified as needing to be changed, will be used
to supplement the AMS documents. Other AMS requirements will also
continue to be worked on as the planning process proceeds.
[[Page 11511]]
[cir] Information on the life history, threats, habitat needs and
population trends of a number of terrestrial and aquatic species
contained in the forest planning records for ecosystem and species
diversity assessments will continue to be used as a reference in the
planning process as appropriate to meet the requirements of the 1982
planning rule. This is scientific information and is not affected by
the change of the planning rule. This information will be updated with
any new available information.
[cir] Public comments previously submitted in writing, or recorded
at past public meetings, related to the revision of the Uwharrie's
Forest Plan since 2005 will be used to help identify issues and
concerns and to help develop alternatives to address these issues and
concerns.
I. Documents Available for Review
The proposed action, background reports, assessments, datasets, and
public comments are posted on the Forest's Web site at: https://www.cs.unca.edu/nfsnc/uwharrie_plan/index.htm. As necessary or
appropriate, this material will be further adjusted as part of the
planning process using the provisions of the 1982 planning rule.
(Authority: 16 U.S.C. 1600-1614; 36 CFR 219.35 [74 FR 67073-67074]).
Dated March 3, 2010.
Marisue Hilliard,
Forest Supervisor.
[FR Doc. 2010-5101 Filed 3-10-10; 8:45 am]
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