[Federal Register: June 23, 2006 (Volume 71, Number 121)]
[Notices]               
[Page 36056-36058]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn06-24]                         

-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service

 
Klamath National Forest, California, Westpoint

AGENCY: Forest Service, USDA.

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

-----------------------------------------------------------------------

SUMMARY: The Forest Service will prepare an environmental impact 
statement (the Westpoint Project) on a proposal to treat vegetation 
using a variety of silvicultural methods on approximately 930 acres of 
National Forest System lands in the Middle Creek and Scott Bar Mountain 
areas about 12 miles west of the town of Fort Jones, in Siskiyou 
County, California. Approximately five miles of classified roads are 
proposed for decommissioning. Approximately two miles of existing 
unclassified roads would be added to the transportation system. 
Activities would likely take place within five years of the decision.

DATES: Comments concerning the scope of the analysis should be received 
within 30 days of the publication of this notice in the Federal 
Register. The draft environmental impact statement is expected by 
November 2006, and the final environmental impact statement is expected 
by March 2007.

ADDRESSES: Send written comments to Ray Haupt, District Ranger, Scott 
River Ranger District, 11263 N. Highway 3, Fort Jones, CA 96032.

FOR FURTHER INFORMATION CONTACT: Bill Bailey, Timber Management 
Officer, at the above address or call (530) 463-5351.

SUPPLEMENTARY INFORMATION: 

Purpose and Need for Action

    The Westpoint Project analysis area of the Klamath National Forest 
consists of two separate areas covering approximately 10,900 acres. 
Both the Scott River and the Siskiyou County Highway 7F01 (Scott River 
Road) bisect the analysis area into eastern and western portions. The 
road and river, in this corridor, are used extensively by residents of 
the town of Scott Bar and private homeowners along the river. Forest 
recreation visitors use the road as access to Indian Scotty Campground, 
Jones Beach Day Use Area, and four trailheads into the Marble Mountain 
Wilderness.
    Projects proposed for the entire project area are intended to 
protect and maintain three important landscape conditions: (1) Northern 
spotted owl habitat, (2) forest health, and community safety near 
homes, and (3)

[[Page 36057]]

old forest structure in the wilderness and late successional reserve. 
The biggest threat to these important landscape characteristics come 
from the declining health of the forested landscapes. This decline 
produces a greater risk from stand-replacing events associated with 
intense wildfire, insect epidemics, and disease.
    The area proposed for treatment is adjacent to late successional 
reserves to the north and west, and near the Marble Mountain Wilderness 
area to the northwest. Threats to older forest structure and spotted 
owl habitat in the Late Successional Reserves and Wilderness, fish 
habitat in the river and streams, and community safety near homes come 
from the declining health of the surrounding forested landscapes. This 
decline produces a greater risk from stand-replacing events associated 
with intense wildfire, insect epidemics, and disease. The risk of rapid 
fire spread is generally uphill in this area due to the very steep 
river canyons. The most likely source of a human-caused ignition is 
along the river corridor, where homes, recreation, public utility 
corridors, and public transportation are concentrated at the bottom of 
this drainage.
    Natural fire cycles have been prevented for 100 years in this area 
by fire suppression activities. Without the beneficial maintenance that 
these natural low intensity fires provide, actions such as stand-
tending and prescribed fire are now needed as a fire replacement 
technique in the Westpoint Project area to minimize the chance of 
stand-replacing wildfires. Younger trees and brush, now predominant on 
this landscape, provide an abundant fuel source, and a ``fuel ladder'' 
by which a ground fire will climb into the tree canopy and kill large 
fire-resistant trees, and unnatural stand-replacing fire situation. 
These fire entrapment situations significantly increase the risk to 
both firefighters and the public.
    The purpose or objective of taking action in the Westpoint Project 
area is:
     Improve forest health by returning the vegetation 
densities on this landscape to more natural historic levels, protect 
surrounding areas of older forest structure and owl habitat, build more 
fire resilience into this landscape, and provide wood and job 
opportunities for local communities through project activities.
     Reduce the occurrence or risk of stand-replacing wildfire.
     Protect public safety and homes by providing safe access 
for firefighters and the public.

Proposed Action

    The Scott River District of the Klamath National Forest proposes 
that the Westpoint treats vegetation on approximately 930 acres in the 
general area of Middle Creek Watershed and Scott Bar Mountain about 12 
miles west of the community of Fort Jones, California. The vegetation 
treatment would utilize a variety of silvicultural prescriptions. 
Tractor, cable, and helicopter logging methods would be used, with 
cable as the predominant method. Project-generated fuels would be 
treated through a combination of methods.
    All Shasta red fir, white fir, and hemlock stumps would be hand 
treated with the fungicide Sporax[supreg] to reduce the spread of 
fungus Heterobasidion annosum (Fomes annosus).
    Openings created from group selection and green tree retention 
prescriptions would be planted and baiting for pocket gophers. Baiting 
application method would consist of probing and/or spooning method of 
below-ground application of strychnine.
    There would be no new classified road construction. Approximately 
five miles of classified roads are proposed for decommissioning in this 
project design. About two miles of new unclassified roads would be 
used, then closed and hydrologically restored. Around two miles of 
existing unclassified roads would be upgraded and added to the National 
Forest System road system. About 12 miles of road are proposed for 
maintenance level changes (seasonal road closures).
    The legal description for the proposal is Township 44 North, Range 
10 West, Section 6; Township 44 North, Range 11 West, Section 1-18, 21-
26, and 27; Township 44 North, Range 12 West, Sections 1 and 12; 
Township 45 North, Range 11 West, Section 31; and Township 45 North, 
Range 12 West, Section 36, Mount Diablo Meridian. All activities would 
likely be completed within five years of the decision being made.

Nature of Decision To Be Made

    The Forest Service must decide whether it will implement this 
project; implement an alternative that meets the purpose and need; or 
not implement any project at this time.

Responsible Official

    Margaret Boland, Forest Supervisor, USDA Forest Service, 1312 
Fairlane Road, Yreka, California 96097 is the Responsible Official.

Scoping Process

    In the winter of 2002, scoping for an environmental assessment for 
a similar project in the same analysis area was initiated and included 
in the Klamath National Forest's Winter 2002 Schedule of Proposed 
Actions, which was posted on the Klamath National Forest's Internet Web 
site and mailed to interested parties. In March 2002, a scoping letter 
was sent to potentially affected individuals and anyone who expressed 
interest in the proposal. The original decision was invalidated by 
Judge Shubb in May 2005, with direction to proceed with an 
environmental impact statement. In the spring of 2006, scoping for this 
environmental impact statement was initiated and included in the Spring 
2006 Schedule of Proposed Actions and posed on the Klamath National 
Forest's Internet Web site and mailed to interested parties. This 
project is similar to the previous proposal; however, suggestions from 
the public helped to define this proposal.
    This Notice of Intent invites additional public comment on this 
proposal and initiated the preparation of the environmental impact 
statement. Due to the extensive scoping effects already conducted, no 
scoping meeting is planned. The public is encouraged to take part in 
the planning process and to visit with Forest Service officials at any 
time during the analysis and prior to the decision.

Comment Requested

    This notice of intent initiates the scoping process, which guides 
the development of the environmental impact statement. While public 
participation in this analysis is welcome at any time, comments 
received within 30 days of the publication of this notice will be 
especially useful in the preparation of the draft environmental impact 
statement. The scoping process will include identifying potential 
issues, significant issues to be analyzed in depth, alternatives to the 
proposed action, and potential environmental effects of the proposal 
and alternatives.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    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

[[Page 36058]]

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 in response to this scoping notice as well as 
comments received on the subsequent draft environmental impact 
statement, 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: June 6, 2006.
Margaret J. Boland,
Forest Supervisor, Klamath National Forest.
[FR Doc. 06-5628 Filed 6-22-06; 8:45 am]

BILLING CODE 3410-11-M