Stanislaus National Forest, CA; Notice of Intent To Prepare an Environmental Impact Statement for Candy Rock Quarry Management, 12004-12006 [2012-4608]
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Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Notices
wilderness areas. The Proposed Action
would modify the current annual
planning process for Early Detection,
Rapid Response (EDRR) (new invader
strategy) and require that sites be
screened by appropriate
interdisciplinary specialists, who would
use the key questions to determine
appropriateness of treatment under
EDRR, and which Management
Requirements and Mitigation Measures
(MR/MM) applies at each new site. The
review team would screen the new
site(s) and prepare a file checklist
demonstrating that treatment would be
within the scope of the NEPA decision.
Proposed control measures have been
identified for each invasive species site
(see https://www.fs.usda.gov/projects/
mbs/landmanagement/projects,
Invasive Plant Management).
Treatments are often a combination of
methods, such as herbicide/manual or
cultural/manual. All treatments would
be done according to Management
Requirements and Mitigation Measures
(MR/MM), intended to minimize risk
and maximize effectiveness.
Possible Alternatives
The Forest Service is considering an
alternative of treating without the use of
aminopyralid and only using the 10
herbicides approved in the R6 2005
ROD. The Forest Service is also
considering an alternative where not all
treatments would be spot treatments
and broadcast would be limited to
existing treatments at Skyiou Island.
The No Action alternative will also be
considered, which would continue the
current invasive plant management
program on the MBS National Forest.
Responsible Official
The Responsible Official is the MBS
National Forest Supervisor.
tkelley on DSK3SPTVN1PROD with NOTICES
Nature of Decision To Be Made
The Forest Supervisor will make the
following decisions based on the
interdisciplinary analysis: (1) Whether
or not to authorize site-specific invasive
plant treatments using herbicides and
other methods; (2) whether or not to
implement an Early Detection and
Rapid Response process for infestations
that are detected over the next 5 to 15
years; (3) what MR/MM are required
and (4) what monitoring and adaptive
management will occur.
Permits or Licenses Required
Pesticide application licenses will be
required for those implementing this
project. Pesticide Use Proposals for
wilderness herbicide applications need
to be signed by the Regional Forester,
otherwise Pesticide Use Proposals are
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signed by the Forest Supervisor. A
National Pollutant Discharge
Elimination System (NPDES) permit is
required for herbicide use into waters of
the United States or adjacent
conveyances with a hydrologic surface
connection to water at the time of
application. Project design features and
buffers are intended to minimize
pollution discharge to the extent
practicable and this project conforms to
current permit requirements. A permit
will be obtained before herbicide is used
within 3 feet of waters of the United
States or flowing ditches that are
connected to the waters of the United
States.
Dated: February 17, 2012.
Rodney Mace,
Acting Forest Supervisor.
General Background
[FR Doc. 2012–4628 Filed 2–27–12; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
Forest Service
Stanislaus National Forest, CA; Notice
of Intent To Prepare an Environmental
Impact Statement for Candy Rock
Quarry Management
Forest Service, USDA.
Notice of intent to prepare an
environmental impact statement.
AGENCY:
ACTION:
The Stanislaus National
Forest proposes to set permanent
limitations on recreational target
shooting at Candy Rock Quarry near
Hathaway Pines, California. The
purpose of this proposal is to determine
if recreational target shooting is an
appropriate activity at Candy Rock
Quarry in the context of safety, public
health, and applicable law, regulation
and policy. If target shooting is found to
be appropriate, determine the
conditions under which shooting may
continue.
SUMMARY:
Comments on the proposed
action should be submitted within 45
days of the date of publication of this
Notice of Intent. The Forest Service will
hold a public meeting in March 2012.
Completion of the draft environmental
impact statement is expected in Fall
2012 and the final environmental
impact statement is expected in Spring
2013.
ADDRESSES: Send written comments to:
Stanislaus National Forest; Attn: Candy
Rock; 19777 Greenley Road; Sonora, CA
95370; (209) 532–3671. Comments may
be submitted by Fax [(209) 533–1890];
or, by hand-delivery to the address
shown above, during normal business
DATES:
PO 00000
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hours (Monday–Friday 8 a.m. to 4:30
p.m.). Oral comments must be
submitted via telephone by calling (209)
532–3671 ext. 350.
Electronic comments, in acceptable
[plain text (.txt), portable document
format (.pdf), rich text (.rtf) or Word
(.doc)] formats, may be submitted to:
comments-pacificsouthweststanislaus@fs.fed.us with Subject:
Candy Rock.
FOR FURTHER INFORMATION CONTACT: For
additional information regarding this
proposal, contact Sara Friberg,
Stanislaus National Forest, 19777
Greenley Road; Sonora, CA 95370;
phone: (209) 532–3671 ext. 475; or,
email: sfriberg@fs.fed.us.
SUPPLEMENTARY INFORMATION:
Candy Rock Quarry is located on the
Stanislaus National Forest, Calaveras
Ranger District in Calaveras County near
Hathaway Pines, California (Section 20,
T4N R15E). Forest Roads 4N73Y and
4N80Y provide access to the quarry
from Highway 4.
The quarry is in a wildland urban
intermix area, approximately one-third
of a mile from the nearest private
residential properties. It is presently
used as a storage site for tunnel muck
(loose rock ore fragmented during
tunnel creation) deposited between
1986 and 1988 during the construction
of the North Fork Stanislaus River
Hydroelectric Project. The tunnel muck
is used for road surfacing. Prior to being
used as a tunnel muck storage site, the
quarry produced an ornamental
rhyolitic rock called ‘‘candy rock.’’ The
quarry is one of the locations on the
District that recreationists actively use
for target shooting.
Recreational target shooting is
considered a dispersed recreation
activity on the Stanislaus National
Forest. With no designated shooting
ranges on the Forest, shooting is
allowed as long it is conducted in a safe
manner in compliance with Federal
regulations at 36 CFR 261.10(d). Target
shooting has taken place at the Candy
Rock Quarry site since the early 1960s,
predating the placement of the tunnel
muck in the late 1980s, and the
development of most of the nearby
residential lots. Sheriff’s Department
and Forest Service law enforcement
records indicate, over the past three
years, no documented incidents
involving vandalism, vegetation fires or
reports of property damage resulting
from the use of firearms at the quarry
site. Records show one incident of a
self-inflicted gunshot wound, and
several noise complaints. The Calaveras
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Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Notices
County Sheriff’s office reported that the
number of calls to the area increased
substantially since 2009. These calls are
primarily complaints about shooting
from the roadway or from the quarry,
expressing safety concerns.
The Calaveras Ranger District
received several written and verbal
complaints about shooting activity at
and near the quarry. The complaints are
about persistent shooting noise during
daylight hours and into darkness, and
concern for personal safety on both
public lands and nearby private lands.
In addition, the District received
comments from other individuals
expressing a desire to continue to enjoy
the use of the site for responsible target
shooting. After a public meeting on
October 19, 2009 including the Forest
Service, the Calaveras County
Supervisor and Sheriff’s offices, and
concerned citizens, the Forest
implemented several mitigation
measures to increase safety in the area
and reduce noise.
Since implementation of these
mitigations, residents claim that the
shooting activity is louder and more
persistent than in previous years. As a
result, nearby residents insist that the
quarry be closed to target shooting due
to the safety hazard and noise
disturbance. Conversely, individuals
who actively shoot at Candy Rock
Quarry express their desire to continue
using the quarry site for target shooting.
As a result, the Calaveras Ranger District
sought advice from National Rifle
Association (NRA) Range Technical
Team Advisors regarding safety
concerns at the quarry site. The NRA
Range Technical Team found that if
target shooters follow accepted safety
rules and shoot into the backstop,
Candy Rock Quarry should be a safe
area for recreational target shooting.
The Center for Collaborative Policy
(CCP), California State University in
Sacramento, California, conducted an
assessment of stakeholders concerns in
order to suggest options for resolving
the conflict associated with recreational
shooting at the quarry. The CCP
interviewed members of stakeholders
groups (Community for Respectful
Firearms Use; and, Concerned Citizens
for Safe Shooting), noting a divided
community of individuals, with little
progress towards resolving the conflict.
The CCP report concluded that feelings
of community alienation, emotional
distress and declining health resulted
from the shooting activity at the quarry.
Purpose and Need for Action
The Stanislaus National Forest Plan
Direction (USDA 2010) provides goals,
objectives, standards and guidelines,
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20:10 Feb 27, 2012
Jkt 226001
and management area direction that
apply to the Candy Rock Quarry. The
Quarry is situated within the Scenic
Corridor management area, due to its
proximity to State Highway 4 (USDA
2010, p. 156).
On April 29, 2011, the Forest Service
issued Forest Order STF–2011–04
(Candy Rock Quarry Shooting
Restriction Area) due to concerns from
the public about health and safety. This
Forest Order limits hours for target
shooting at the quarry from 10 a.m. to
6 p.m. Monday–Friday, and 10 a.m. to
3 p.m. on Saturday (the quarry is closed
to shooting on Sundays). The Forest
Order also prohibits the use of
explosives within the quarry.
That Forest Order expires on April 28,
2013 so there is a need to provide for
the long-term management of the Candy
Rock Quarry, including changes to the
National Forest Transportation System
for Forest Road 4N73Y. As such, the
purpose of this initiative is to determine
if recreational target shooting is an
appropriate activity at Candy Rock
Quarry in the context of safety, public
health, and applicable law, regulation
and policy. If target shooting is found to
be appropriate, determine the
conditions under which shooting may
continue.
Proposed Action
In response to the purpose and need,
the Forest Service proposes to:
1. Issue a permanent Forest Order
with the following conditions:
a. Set hours for target shooting from
10 a.m. to 6 p.m. Monday–Friday; 10
a.m. to 3 p.m. on Saturday; and, closed
on Sundays.
b. Prohibit the use of explosives.
c. Prohibit the use of firearms larger
than 0.50 caliber.
d. Prohibit trap and skeet shooting.
2. Modify the existing National Forest
Transportation System (NFTS):
a. Change vehicle class on Forest
Road 4N73Y from All Vehicles to
Highway Legal Only.
b. Change season of use on Forest
Road 4N73Y from April 15 to December
15 to year round.
3. Install site design elements:
a. Post signs displaying hours of use
and site prohibitions.
Possible Alternatives
In addition to the Proposed Action,
the EIS will evaluate the required No
Action alternative and may consider
other alternatives such as those listed
below.
1. No Action: this required alternative
would allow Forest Order STF–2011–04
to expire on April 28, 2013 with no new
shooting restrictions, as long as shooting
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12005
occurs in a safe manner in compliance
with Federal regulations at 36 CFR
261.10(d). On Forest Road 4N73Y, the
vehicle class would remain as All
Vehicles and the season of use would
remain as April 15 to December 15.
2. No Shooting: this alternative, based
on comments submitted by the public
prior to scoping, would close Candy
Rock Quarry to all shooting. It would
include a permanent Forest Order
prohibiting shooting, physical closure of
the site with a gate or rocks, signs
displaying the closure, and law
enforcement activity ensuring
compliance. On Forest Road 4N73Y, the
vehicle class would change from All
Vehicles to Administrative Use Only
(closed to public motorized use) and the
season of use would change from April
15 to December 15 to no season of use
(closed to public motorized use).
3. Continue Current Management: this
alternative would continue current
management by replacing Forest Order
STF–2011–04 with a permanent order
making no changes to on-site
prohibitions. On Forest Road 4N73Y,
the vehicle class would remain as All
Vehicles and the season of use would
remain as April 15 to December 15.
Responsible Official
Susan Skalski, Forest Supervisor,
Stanislaus National Forest, Supervisor’s
Office, 19777 Greenley Road, Sonora,
CA 95370.
Nature of Decision To Be Made
The responsible official will decide
whether to adopt and implement the
proposed action, and alternative to the
proposed action, or take no action with
respect to the management of the Candy
Rock Quarry.
Scoping Process
Public participation is important at
numerous points during the analysis.
The Forest Service seeks information,
comments, and assistance from the
federal, state, and local agencies and
individuals or organizations that may be
interested in or affected by the proposed
action.
Scoping identifies issues which are a
point of discussion, dispute, or debate
with the Proposed Action. An issue is
an effect on a physical, biological,
social, or economic resource. An issue
is not an activity; instead, the predicted
effects of the activity create the issue.
Issues are then separated into the two
groups shown below. The Council on
Environmental Quality (CEQ) NEPA
regulations require this delineation in
Sec. 1501.7, ‘‘* * * identify and
eliminate from detailed study the issues
which are not significant or which have
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Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Notices
been covered by prior environmental
review (Sec. 1506.3) * * *’’
1. Significant Issues are used to
formulate alternatives, prescribe
mitigation measures, or analyze
environmental effects. Issues are
significant because of the extent of their
geographic distribution, the duration of
their effects, or the intensity of interest
or resource conflicts.
2. Non-Significant Issues are: (1)
Outside of the scope of the proposed
action; (2) already determined through
law, regulation, Forest Plan, or other
higher level decision; (3) irrelevant to
the decision to be made; (4) conjectural
and not supported by scientific fact; (5)
a comment, opinion, or position
statement; or, (6) a question for
clarification or information.
Although non-significant issues are
not used to formulate alternatives or
prescribe mitigation measures, the EIS
will disclose all significant
environmental effects including any
related to non-significant issues.
tkelley on DSK3SPTVN1PROD with NOTICES
Comment Requested
This notice of intent initiates the
scoping process which guides the
development of the environmental
impact statement. Comments on the
proposed action should be submitted
within 45 days of the date of publication
of this Notice of Intent. The Forest
Service will hold a public meeting in
March 2012.
Early Notice of Importance of Public
Participation in Subsequent
Environmental Review
A draft environmental impact
statement will be prepared for comment.
The 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,
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20:10 Feb 27, 2012
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1022 (9th Cir. 1986) and Wisconsin
Heritages, Inc. v. Harris, 490 F. Supp.
1334, 1338 (E.D. Wis. 1980). Because of
these court rulings, it is very important
that those interested in this proposed
action participate by the close of the 45
day comment period so that substantive
comments and objections are made
available to the Forest Service at a time
when it can meaningfully consider them
and respond to them in the final
environmental impact statement.
To assist the Forest Service in
identifying and considering issues and
concerns on the proposed action,
comments on the draft environmental
impact statement should be as specific
as possible. It is also helpful if
comments refer to specific pages or
chapters of the draft statement.
Comments may also address the
adequacy of the draft environmental
impact statement or the merits of the
alternatives formulated and discussed in
the statement. Reviewers may wish to
refer to the Council on Environmental
Quality Regulations for implementing
the procedural provisions of the
National Environmental Policy Act at 40
CFR 1503.3 in addressing these points.
Comments received, including the
names and addresses of those who
comment, will be considered part of the
public record on this proposal and will
be available for public inspection.
Authority: 40 CFR 1501.7 and 1508.22;
Forest Service Handbook 1909.15, Section
21.
Dated: February 22, 2012.
Susan Skalski,
Forest Supervisor.
[FR Doc. 2012–4608 Filed 2–27–12; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF COMMERCE
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: West Coast Groundfish Trawl
Economic Data.
OMB Control Number: 0648–0618.
Form Number(s): NA.
Type of Request: Regular submission
(revision of a current information
collection).
Number of Respondents: 252.
Average Hours per Response: 8 hours.
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Burden Hours: 2,016.
Needs and Uses: This request is for a
revision of a current information
collection.
This information collection is needed
in order to meet the monitoring
requirements of the Magnuson-Stevens
Act (MSA). In particular, the Northwest
Fisheries Science Center (NWFSC)
needs economic data on all harvesters,
first receivers, shorebased processors,
catcher processors, and motherships
participating in the West Coast
groundfish trawl fishery.
The currently approved collection
covers collection of data for the 2009,
2010, and 2011 operating years. Data
from the 2009 and 2010 operating years
provides information on the economic
condition of the fishery prior to the
implementation of catch share
management in January 2011, and has
been collected by the NWFSC. Data for
the 2011 operating year, which will
provide information on the first year of
operation under the catch share regime,
will be collected from all catcher vessels
registered to a limited entry trawl
endorsed permit, catcher processors
registered to catcher processor permits,
and motherships registered to
mothership permits, first receivers, and
shorebased processors that received
round or head-and-gutted Individual
Fishing Quota (IFQ) groundfish or
whiting from a first receiver.
Based on review of the completed
economic data collection (EDC) forms
submitted for the 2009 and 2010
operating years as well as discussions
with survey respondents, the NWFSC
seeks to modify the four forms which
are used in this information collection.
These modifications clarify instructions,
make the requests for information more
consistent with the accounting/
bookkeeping systems used by survey
recipients, and continue to facilitate
meeting MSA requirements for
evaluation of the economic effect of
catch share management on the West
Coast groundfish limited entry trawl
fishery.
As stated in 50 CFR 660.114, the EDC
forms due on September 1, 2012 will
provide data for the 2011 operating year.
The definition of the survey
population is different for 2011 data, to
account for differences between the
requirements for the baseline collection
and ongoing collections as defined in
the regulations. To capture vessel
improvements and repairs to vessels
that did not harvest any groundfish or
were operated by lessees, in the 2011
data collection, as well as to collect
more complete information about
shoreside operations that do not process
fish, completion of each form in its
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]]>Agencies
[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Notices]
[Pages 12004-12006]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4608]
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DEPARTMENT OF AGRICULTURE
Forest Service
Stanislaus National Forest, CA; Notice of Intent To Prepare an
Environmental Impact Statement for Candy Rock Quarry Management
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
-----------------------------------------------------------------------
SUMMARY: The Stanislaus National Forest proposes to set permanent
limitations on recreational target shooting at Candy Rock Quarry near
Hathaway Pines, California. The purpose of this proposal is to
determine if recreational target shooting is an appropriate activity at
Candy Rock Quarry in the context of safety, public health, and
applicable law, regulation and policy. If target shooting is found to
be appropriate, determine the conditions under which shooting may
continue.
DATES: Comments on the proposed action should be submitted within 45
days of the date of publication of this Notice of Intent. The Forest
Service will hold a public meeting in March 2012. Completion of the
draft environmental impact statement is expected in Fall 2012 and the
final environmental impact statement is expected in Spring 2013.
ADDRESSES: Send written comments to: Stanislaus National Forest; Attn:
Candy Rock; 19777 Greenley Road; Sonora, CA 95370; (209) 532-3671.
Comments may be submitted by Fax [(209) 533-1890]; or, by hand-delivery
to the address shown above, during normal business hours (Monday-Friday
8 a.m. to 4:30 p.m.). Oral comments must be submitted via telephone by
calling (209) 532-3671 ext. 350.
Electronic comments, in acceptable [plain text (.txt), portable
document format (.pdf), rich text (.rtf) or Word (.doc)] formats, may
be submitted to: comments-pacificsouthwest-stanislaus@fs.fed.us with
Subject: Candy Rock.
FOR FURTHER INFORMATION CONTACT: For additional information regarding
this proposal, contact Sara Friberg, Stanislaus National Forest, 19777
Greenley Road; Sonora, CA 95370; phone: (209) 532-3671 ext. 475; or,
email: sfriberg@fs.fed.us.
SUPPLEMENTARY INFORMATION:
General Background
Candy Rock Quarry is located on the Stanislaus National Forest,
Calaveras Ranger District in Calaveras County near Hathaway Pines,
California (Section 20, T4N R15E). Forest Roads 4N73Y and 4N80Y provide
access to the quarry from Highway 4.
The quarry is in a wildland urban intermix area, approximately one-
third of a mile from the nearest private residential properties. It is
presently used as a storage site for tunnel muck (loose rock ore
fragmented during tunnel creation) deposited between 1986 and 1988
during the construction of the North Fork Stanislaus River
Hydroelectric Project. The tunnel muck is used for road surfacing.
Prior to being used as a tunnel muck storage site, the quarry produced
an ornamental rhyolitic rock called ``candy rock.'' The quarry is one
of the locations on the District that recreationists actively use for
target shooting.
Recreational target shooting is considered a dispersed recreation
activity on the Stanislaus National Forest. With no designated shooting
ranges on the Forest, shooting is allowed as long it is conducted in a
safe manner in compliance with Federal regulations at 36 CFR 261.10(d).
Target shooting has taken place at the Candy Rock Quarry site since the
early 1960s, predating the placement of the tunnel muck in the late
1980s, and the development of most of the nearby residential lots.
Sheriff's Department and Forest Service law enforcement records
indicate, over the past three years, no documented incidents involving
vandalism, vegetation fires or reports of property damage resulting
from the use of firearms at the quarry site. Records show one incident
of a self-inflicted gunshot wound, and several noise complaints. The
Calaveras
[[Page 12005]]
County Sheriff's office reported that the number of calls to the area
increased substantially since 2009. These calls are primarily
complaints about shooting from the roadway or from the quarry,
expressing safety concerns.
The Calaveras Ranger District received several written and verbal
complaints about shooting activity at and near the quarry. The
complaints are about persistent shooting noise during daylight hours
and into darkness, and concern for personal safety on both public lands
and nearby private lands. In addition, the District received comments
from other individuals expressing a desire to continue to enjoy the use
of the site for responsible target shooting. After a public meeting on
October 19, 2009 including the Forest Service, the Calaveras County
Supervisor and Sheriff's offices, and concerned citizens, the Forest
implemented several mitigation measures to increase safety in the area
and reduce noise.
Since implementation of these mitigations, residents claim that the
shooting activity is louder and more persistent than in previous years.
As a result, nearby residents insist that the quarry be closed to
target shooting due to the safety hazard and noise disturbance.
Conversely, individuals who actively shoot at Candy Rock Quarry express
their desire to continue using the quarry site for target shooting. As
a result, the Calaveras Ranger District sought advice from National
Rifle Association (NRA) Range Technical Team Advisors regarding safety
concerns at the quarry site. The NRA Range Technical Team found that if
target shooters follow accepted safety rules and shoot into the
backstop, Candy Rock Quarry should be a safe area for recreational
target shooting.
The Center for Collaborative Policy (CCP), California State
University in Sacramento, California, conducted an assessment of
stakeholders concerns in order to suggest options for resolving the
conflict associated with recreational shooting at the quarry. The CCP
interviewed members of stakeholders groups (Community for Respectful
Firearms Use; and, Concerned Citizens for Safe Shooting), noting a
divided community of individuals, with little progress towards
resolving the conflict. The CCP report concluded that feelings of
community alienation, emotional distress and declining health resulted
from the shooting activity at the quarry.
Purpose and Need for Action
The Stanislaus National Forest Plan Direction (USDA 2010) provides
goals, objectives, standards and guidelines, and management area
direction that apply to the Candy Rock Quarry. The Quarry is situated
within the Scenic Corridor management area, due to its proximity to
State Highway 4 (USDA 2010, p. 156).
On April 29, 2011, the Forest Service issued Forest Order STF-2011-
04 (Candy Rock Quarry Shooting Restriction Area) due to concerns from
the public about health and safety. This Forest Order limits hours for
target shooting at the quarry from 10 a.m. to 6 p.m. Monday-Friday, and
10 a.m. to 3 p.m. on Saturday (the quarry is closed to shooting on
Sundays). The Forest Order also prohibits the use of explosives within
the quarry.
That Forest Order expires on April 28, 2013 so there is a need to
provide for the long-term management of the Candy Rock Quarry,
including changes to the National Forest Transportation System for
Forest Road 4N73Y. As such, the purpose of this initiative is to
determine if recreational target shooting is an appropriate activity at
Candy Rock Quarry in the context of safety, public health, and
applicable law, regulation and policy. If target shooting is found to
be appropriate, determine the conditions under which shooting may
continue.
Proposed Action
In response to the purpose and need, the Forest Service proposes
to:
1. Issue a permanent Forest Order with the following conditions:
a. Set hours for target shooting from 10 a.m. to 6 p.m. Monday-
Friday; 10 a.m. to 3 p.m. on Saturday; and, closed on Sundays.
b. Prohibit the use of explosives.
c. Prohibit the use of firearms larger than 0.50 caliber.
d. Prohibit trap and skeet shooting.
2. Modify the existing National Forest Transportation System
(NFTS):
a. Change vehicle class on Forest Road 4N73Y from All Vehicles to
Highway Legal Only.
b. Change season of use on Forest Road 4N73Y from April 15 to
December 15 to year round.
3. Install site design elements:
a. Post signs displaying hours of use and site prohibitions.
Possible Alternatives
In addition to the Proposed Action, the EIS will evaluate the
required No Action alternative and may consider other alternatives such
as those listed below.
1. No Action: this required alternative would allow Forest Order
STF-2011-04 to expire on April 28, 2013 with no new shooting
restrictions, as long as shooting occurs in a safe manner in compliance
with Federal regulations at 36 CFR 261.10(d). On Forest Road 4N73Y, the
vehicle class would remain as All Vehicles and the season of use would
remain as April 15 to December 15.
2. No Shooting: this alternative, based on comments submitted by
the public prior to scoping, would close Candy Rock Quarry to all
shooting. It would include a permanent Forest Order prohibiting
shooting, physical closure of the site with a gate or rocks, signs
displaying the closure, and law enforcement activity ensuring
compliance. On Forest Road 4N73Y, the vehicle class would change from
All Vehicles to Administrative Use Only (closed to public motorized
use) and the season of use would change from April 15 to December 15 to
no season of use (closed to public motorized use).
3. Continue Current Management: this alternative would continue
current management by replacing Forest Order STF-2011-04 with a
permanent order making no changes to on-site prohibitions. On Forest
Road 4N73Y, the vehicle class would remain as All Vehicles and the
season of use would remain as April 15 to December 15.
Responsible Official
Susan Skalski, Forest Supervisor, Stanislaus National Forest,
Supervisor's Office, 19777 Greenley Road, Sonora, CA 95370.
Nature of Decision To Be Made
The responsible official will decide whether to adopt and implement
the proposed action, and alternative to the proposed action, or take no
action with respect to the management of the Candy Rock Quarry.
Scoping Process
Public participation is important at numerous points during the
analysis. The Forest Service seeks information, comments, and
assistance from the federal, state, and local agencies and individuals
or organizations that may be interested in or affected by the proposed
action.
Scoping identifies issues which are a point of discussion, dispute,
or debate with the Proposed Action. An issue is an effect on a
physical, biological, social, or economic resource. An issue is not an
activity; instead, the predicted effects of the activity create the
issue. Issues are then separated into the two groups shown below. The
Council on Environmental Quality (CEQ) NEPA regulations require this
delineation in Sec. 1501.7, ``* * * identify and eliminate from
detailed study the issues which are not significant or which have
[[Page 12006]]
been covered by prior environmental review (Sec. 1506.3) * * *''
1. Significant Issues are used to formulate alternatives, prescribe
mitigation measures, or analyze environmental effects. Issues are
significant because of the extent of their geographic distribution, the
duration of their effects, or the intensity of interest or resource
conflicts.
2. Non-Significant Issues are: (1) Outside of the scope of the
proposed action; (2) already determined through law, regulation, Forest
Plan, or other higher level decision; (3) irrelevant to the decision to
be made; (4) conjectural and not supported by scientific fact; (5) a
comment, opinion, or position statement; or, (6) a question for
clarification or information.
Although non-significant issues are not used to formulate
alternatives or prescribe mitigation measures, the EIS will disclose
all significant environmental effects including any related to non-
significant issues.
Comment Requested
This notice of intent initiates the scoping process which guides
the development of the environmental impact statement. Comments on the
proposed action should be submitted within 45 days of the date of
publication of this Notice of Intent. The Forest Service will hold a
public meeting in March 2012.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review
A draft environmental impact statement will be prepared for
comment. The 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.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, comments on the draft
environmental impact statement should be as specific as possible. It is
also helpful if comments refer to specific pages or chapters of the
draft statement. Comments may also address the adequacy of the draft
environmental impact statement or the merits of the alternatives
formulated and discussed in the statement. Reviewers may wish to refer
to the Council on Environmental Quality Regulations for implementing
the procedural provisions of the National Environmental Policy Act at
40 CFR 1503.3 in addressing these points.
Comments received, including the names and addresses of those who
comment, will be considered part of the public record on this proposal
and will be available for public inspection.
Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21.
Dated: February 22, 2012.
Susan Skalski,
Forest Supervisor.
[FR Doc. 2012-4608 Filed 2-27-12; 8:45 am]
BILLING CODE 3410-11-P
