[Federal Register Volume 73, Number 18 (Monday, January 28, 2008)]
[Notices]
[Pages 4774-4776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-347]


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DEPARTMENT OF AGRICULTURE

Forest Service


Resurrection Creek Restoration Phase II Project Environmental 
Impact Statement

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an Environmental Impact Statement.

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SUMMARY: The Chugach National Forest, Seward Ranger District will 
prepare an environmental impact statement for the implementation of a 
stream and riparian restoration project along a two-mile segment of 
Resurrection Creek within active mining claims. The environmental 
impact statement will evaluate the environmental consequences of the 
proposed restoration project and will also address a supplemental 
mining plan of

[[Page 4775]]

operations proposing mining adjacent to the restoration corridor.

DATES: To be most useful, comments concerning the scope of this project 
should be received by the end of February 2008. A draft environmental 
impact statement is expected to be ready for review in the summer of 
2008 and a final environmental impact statement is planned for the fall 
of 2008. Public meetings are also planned to be held: February 12, 2008 
in Hope, AK (6 p.m. to 8 p.m. at Hope Social Hall), February 13, 2008 
in Anchorage, AK (7 p.m. to 9 p.m. at Loussac Public Library).

ADDRESSES: Please send written comments to: Chugach National Forest, 
Attn.: Bill MacFarlane, Resurrection Creek Stream and Riparian 
Restoration Phase II EIS, 3301 `C' Street, Anchorage, AK 99503-3998. 
Comments may also be sent via fax to: 907-743-9480 or via e-mail to: 
<a href="/cdn-cgi/l/email-protection#196e7874787a7f786b7578777c597f6a377f7c7d376c6a"><span class="__cf_email__" data-cfemail="b7c0d6dad6d4d1d6c5dbd6d9d2f7d1c499d1d2d399c2c4">[email protected]</span></a>. Please specify Scoping Comments for 
Resurrection Creek in the subject line.

FOR FURTHER INFORMATION CONTACT: Bill MacFarlane, Project Coordinator, 
Chugach National Forest, Attn.: Bill MacFarlane, Resurrection Creek 
Stream and Riparian Restoration Phase II EIS, 3301 `C' Street, 
Anchorage, AK 99503-3998, telephone (907) 743-9434, e-mail: 
<a href="/cdn-cgi/l/email-protection#6b1c0a060a080d0a19070a050e2b0d18450d0e0f451e18"><span class="__cf_email__" data-cfemail="e691878b87858087948a878883a68095c8808382c89395">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The Resurrection Creek watershed drains 161 square miles on the 
north side of the Kenai Peninsula, and the community of Hope, Alaska is 
located at the mouth of Resurrection Creek. Resurrection Creek was the 
site of Alaska's first gold rush over a century ago, and placer mining 
continues today. Resurrection Creek is also home to all five species of 
Pacific salmon and numerous wildlife species. The Resurrection Pass 
Trail parallels much of Resurrection Creek and provides access to the 
watershed.
    This proposed ``Phase II'' project would extend upon the ``Phase 
I'' restoration work completed by the Forest Service during 2005 and 
2006 on a one-mile reach of Resurrection Creek, located about a mile 
upstream from the Resurrection Pass Trailhead. These reaches were 
impacted by historic mining, and both of these projects were 
recommended in the Resurrection Creek Landscape Assessment, completed 
in 2001.
    The Seward Ranger District proposes to restore Resurrection Creek's 
channel, floodplain, and streamside vegetation to pre-mining conditions 
and enhance fish and riparian wildlife habitat. Restoration work would 
take place on and adjacent to Resurrection Creek along the two-mile 
project reach. Elements of the proposed project implementation include 
the following:
    <bullet> Providing access for heavy equipment, which may include a 
temporary bridge over Resurrection Creek.
    <bullet> Mechanical manipulation and grading of up to 200,000 cubic 
yards of mine tailings to restore the natural floodplain widths and 
elevations.
    <bullet> Construction of a meandering river channel and adjacent 
side channels that mimic natural conditions, include abundant habitat, 
and promote a self-sustaining riparian ecosystem.
    <bullet> Selective removal of beetle killed spruce and cottonwood 
trees, taken primarily from the valley floor and western terrace along 
the project area, for use in stream bank protection, habitat 
improvement, and floodplain stabilization.
    <bullet> Replacement of nutrient-rich soils over the restored 
floodplains, transplanted primarily from the western terrace of the 
project area, to improve growing conditions for native plant 
communities in the floodplains and riparian areas.
    <bullet> Re-vegetation of native plant species on constructed 
floodplains and riparian areas, including natural re-vegetation, 
seeding, and planting.
    The project area lies within mining claims of the Hope Mining 
Company. Because the proposed stream restoration would occur within 
active mining claims, the Forest Service has worked with the mine 
claimants to establish a restoration corridor, where mining operations 
would be excluded in order to protect the restored ecosystem.
    To accomplish the proposed restoration within the restoration 
corridor through these active claims, this project will address Hope 
Mining Company's proposed supplemental mining plan of operations which:
    <bullet> Provides the necessary protection for the proposed 
Resurrection Creek restoration efforts from existing approved mining 
operations and future mining operations within the restoration 
corridor; and
    <bullet> Includes proposed mining operations for seven areas 
adjacent to the proposed corridor. These seven areas will be analyzed 
concurrently with the proposed stream restoration elements.

Permits and Licenses

    The proposed restoration is not expected to require any permits or 
licenses; however, depending on final project design and land 
ownership, the Forest Service may obtain a water use permit (AS 41.114, 
Section 870) and/or a temporary land use permit (11 AAC 96.010a).

Public Involvement

    During February of 2008 the Forest Service will be seeking 
information, comments, and assistance from Federal, State and local 
agencies, tribal organizations, individuals, and organizations that may 
be interested in, or affected by the proposed activities. Comments 
received as a result of both the earlier public involvement and the 
current scoping will be included in this analysis. All comments will be 
analyzed to identify issues to be considered in the Draft EIS. Issues 
currently identified for analysis in the EIS include potential effects 
of the allocation to economic opportunities, conflicts between 
commercial operations, displacement of resident users, impacts to 
wildlife habitat, and the effect on subsistence uses.
    It is also expected that two public meetings will be held in Hope 
and Anchorage February 12th and 13th, 2008 respectively, to provide 
project area information and discuss local concerns and interests that 
should be addressed in this environmental analysis. Based on the 
results of scoping, alternatives will be developed, analyzed, and 
compared in a Draft EIS. The Draft EIS will be filed with the 
Environmental Protection Agency (EPA) in the summer of 2008. Comments 
on the DEIS will be considered and responded to in the Final EIS, to be 
completed by fall 2008.
    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 or draft environmental 
impact statement 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.

[[Page 4776]]

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 
comments can be made available to the Forest Service at a time when 
they can be meaningfully considered responded to 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 in response to this solicitation, including names 
and addresses of those who comment, will be considered part of the 
public record on this Proposed Action and will be available for public 
inspection and may be released under FOIA. Comments submitted 
anonymously will be accepted and considered; however, those who submit 
anonymous comments will not have standing to appeal the subsequent 
decision (36 CFR Parts 215).
    Responsible Official: Jeni Evans, Seward District Ranger, Chugach 
National Forest, is the responsible official.

    Dated: January 17, 2008.
Jeni Bradley Evans,
District Ranger.
[FR Doc. 08-347 Filed 1-25-08; 8:45 am]
BILLING CODE 3410-11-M


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