[Federal Register Volume 69, Number 245 (Wednesday, December 22, 2004)]
[Notices]
[Pages 76686-76687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27952]


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DEPARTMENT OF AGRICULTURE

Forest Service


Power Fire Restoration; Eldorado National Forest, Amador County, 
CA

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: In October of 2004, the Power Fire burned approximately 16,993 
acres on the Eldorado National Forest and on private timberlands. The 
project area for this analysis is the approximately 13,611 acre portion 
of the Power Fire on National Forest lands within the Amador Ranger 
District administrative boundary. The USDA, Forest Service, Eldorado 
National Forest will prepare an environmental impact statement (EIS) on 
a proposal to treat approximately 7,914 acres of fire killed and 
damaged trees in the Power Fire burned area. The land allocations 
within the fire area identified in the Sierra Nevada Forest Plan 
Supplemental EIS are old forest emphasis, threat zone, defense zone, 
protected activity centers (PACs) for spotted owls and goshawks, 
spotted owl home range core areas (HRCAs), and riparian conservation 
areas (RCAs) adjacent to perennial, seasonal and ephemeral streams. A 
portion of the Mokelumne Wilderness and the Salt Springs State Game 
Refuge is also within the fire area. The Mokelumne River, Bear River, 
Beaver Creek, Cole Creek and Green Creek, having outstandingly 
remarkable cultural resource values, are eligible for possible 
inclusion in the National Wild and Scenic River system.
    The purpose of the project is to reduce long term fuel loading for 
the purpose of reducing future fire severity and resistance to control, 
improve roads and establish effective ground cover in severely burned 
areas for the purpose of reducing erosion and sedimentation to streams 
in the short term and contributing to long term soil productivity, 
recover the volume and value of timber killed or severely injured by 
the fire for the purpose of generating funds to offset the cost of 
future restoration activities and supplying wood fiber to local 
sawmills, and reduce safety hazards to the public and forest workers.

DATES: Comments concerning the scope and implementation of this 
proposal should be received by January 7, 2005.

ADDRESSES: Send written comments to Patricia Ferrell, Project Leader, 
Eldorado National Forest, 100 Forni Road, Placerville, CA 95667.

FOR FURTHER INFORMATION CONTACT: Questions and comments about this EIS 
should be directed to Patricia Ferrell, at the above address, or call 
her at 530-642-5146.

SUPPLEMENTARY INFORMATION: The fire burned with varying intensity. Many 
areas of the fire burned at high and moderate intensity, killing 75%-
100% of the trees and burning the duff and litter that protects the 
soil. In these areas, the fire resulted in high rates of soil erosion, 
sedimentation to streams, destruction of wildlife habitat for sensitive 
species, and loss of old forest. The fire killed ten of thousands of 
trees that if left untreated will contribute to extremely high fuel 
loading over time. As these dead trees fall and fuel accumulates, 
future fires will be even more severe. Treating the dead and dying tree 
component of the landscape is the first step in reducing long term fuel 
loading and restoring the historic

[[Page 76687]]

fire regime, thereby reducing the impacts of fires on the future forest 
and contributing to the restoration of old forest habitats. Without 
treatment to begin to restore the fire area, significant additional 
impacts to soil, water quality, cultural resources, and wildlife 
habitat are likely over the short and long term. This Environmental 
Impact Statement (EIS) addresses treating the dead and dying tree 
component of the landscape and improving roads to reduce sediment 
delivery to streams. The process of removing dead trees would reduce 
soil erosion by immediately increasing effective ground cover (limbs, 
twigs, and small holes) and maintain soil productivity for tree growth. 
The proposed action would remove dead trees using ground based, 
skyline, and helicopter logging methods. Trees posing a safety hazard 
to the public and forest workers would be removed along maintenance 
level 3, 4, and 5 roads. Roads would be reconstructed and improved to 
facilitate tree removal and improve watershed condition. Slash and 
small dead trees would be treated to provide ground cover and reduce 
short term fuel loading. Protection would be applied to sensitive 
plants, wildlife species, and cultural resources.
    The proposed action is consistent with the 1989 Eldorado National 
Forest Land and Resource Management Plan as amended by the Sierra 
Nevada Forest Plan Amendment Record of Decision (2004).
    The decision to be made is whether to adopt and implement the 
proposed action, an alternative to the proposed action, or take no 
action to remove fire killed and damaged trees in the project area and 
undertake road improvements and fuel treatments.
    Other alternatives will be developed based on significant issues 
identified during the scoping process for the environmental impact 
statement. All alternatives will need to respond to the specific 
condition of providing benefits equal to or better than the current 
condition. Alternatives being considered at this time include: (1) no 
Action and (2) the Proposed Action.
    Public participation will be especially important at several points 
during the analysis. The Forest Service will be seeking information, 
comments, and assistance from the Federal, State, and local agencies 
and other individuals or organizations who may be interested in or 
affected by the proposed action. To facilitate public participation 
information about the proposed action will be mailed to all who express 
interest in the proposed action and notification of the public scoping 
period will be published in the Mountain Democrat, Placerville, CA.
    Comments submitted during the scoping process should be in writing 
and should be specific to the proposed action. The comments should 
describe as clearly and completely as possible any issues the commenter 
has with the proposal. The scoping process includes:
    (a) Identifying potential issues;
    (b) Identifying issues to be analyzed in depth.
    (c) Eliminating nonsignificant issues or those previously covered 
by a relevant previous environmental analysis;
    (d) Exploring additional alternatives;
    (e) Identifying potential environmental effects of the proposed 
action and alternatives.
    The draft EIS is expected to be filed with the Environmental 
Protection Agency (EPA) and to be available for public review by March 
2005. EPA will publish a notice of availability of the draft EIS in the 
Federal Register. The comment period on the draft EIS will be 45 days 
from the date the EPA notice appears in the Federal Register. At that 
time, copies of the draft EIS will be distributed to interested and 
affected agencies, organizations, and members of the public for their 
review and comment. It is very important that those interested in the 
management of the Eldorado National Forest participate at that time.
    The Forest Service believes it is important to give reviewers 
notice at this early stage of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
a draft EIS 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 EIS stage, but that are not raised 
until after completion of the final EIS may be waived or dismissed by 
the courts. City of Angoon v. Hodel, 803f. 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 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 EIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft EIS should 
be as specific as possible. It is also helpful if comments refer to 
specific pages or chapters of the draft EIS. Comments may also address 
the adequacy of the draft EIS 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).
    The final EIS is scheduled to be completed in June 2005. In the 
final EIS, The Forest Service is required to respond to substantive 
comments received during the comment period that pertain to the 
environmental consequences discussed in the draft EIS and applicable 
laws, regulations, and policies considered in making the decision 
regarding this proposal.
    John D. Berry, Forest Supervisor, Eldorado National Forest is the 
responsible official. As the responsible official he will document the 
decision and reasons for the decision in the Record of Decision. That 
decision will be subject to Forest Service appeal regulations (36 CFR 
part 215).

    Dated: December 15, 2004.
John D. Berry,
Forest Supervisor.
[FR Doc. 04-27952 Filed 12-21-04; 8:45 am]
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