[Federal Register: July 3, 2002 (Volume 67, Number 128)]
[Notices]
[Page 44587-44589]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy02-30]
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DEPARTMENT OF AGRICULTURE
Forest Service
Dixie National Forest, Utah, Duck Creek Fuels Treatment Analysis
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The USDA Forest Service will prepare an Environmental Impact
Statement (EIS) to implement fuels treatments in the Duck Creek area,
within the Cedar City Ranger District, Dixie National Forest, Utah. The
agency gives notice of the full environmental analysis and decision-
making process that will occur on the proposal so that interested and
affected people may become aware of how they can participate in the
process and contribute to the final decision.
DATES: Comments concerning the scope of the analysis must be received
by thirty days after publication of this Notice Of Intent in the
Federal Register. The draft environmental impact statement is expected
in June, 2002. The final environmental impact statement is expected in
January, 2003.
ADDRESSES: Send written comments to: Duck Creek Fuels Treatment
Analysis Coordinator, Cedar City Ranger District, Dixie National
Forest, 1789 Wedgewood, P.O. Box 627, Cedar City, Utah 84720.
FOR FURTHER INFORMATION CONTACT: Duck Creek Fuels Treatment Analysis
Coordinator, Cedar City Ranger District, Dixie National Forest, 1789
Wedgewood, P.O. Box 627, Cedar City, Utah 84720.
SUPPLEMENTARY INFORMATION: The proposed treatments will implement
direction in the National Fire Plan, a USDA/USDI effort to reduce
impacts of wildfires on people and resources. In August, 2000 President
Clinton directed the Secretaries of Agriculture and Interior to reduce
the impacts of wildland fires on rural communities. The Secretaries
subsequently developed the National Fire Plan. This direction was
followed by congressionally-approved plans that funded ``hazardous fuel
reduction'' near urban interface areas.
The National Fire Plan directs Federal agencies within USDA/USDI to
engage states and local communities in reducing forest fuels, using a
variety of fuel reduction treatments (Mechanical, prescribed fire and
intensive manual treatment). Hazardous fuel reduction is a critical
investment necessary to reduce fire risk and fire suppression costs
into the future and is focused on areas near communities and interface
areas that the States have judged to be in harm's way of a wildfire.
The analysis area of 25,741 acres of National Forest system lands
is located thirty miles east of Cedar City, Utah. The analysis area
includes six tracts of private lands which are surrounded by National
Forest lands. The tracts are subdivided into residential lots and
contain an estimated 1,900 homes and 10 businesses. The specific
subdivisions are as follows:
------------------------------------------------------------------------
Legal location (approximate)
Subdivision Salt Lake base meridian
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1. Meadow View Heights.................... T38S R7w Sec 6
2. Mirror Lake............................ T38S R7W Sec 5,8
3 Movie Ranch............................. T38S R7W Sec 7
4. Movie Ranch South...................... T38S R7W Sec 7
5. Color Country.......................... T38S R7W Sec 8,17
6. Timber Trails.......................... T38S R7W Sec 7,17,18
7. Ponderosa Villa........................ T38S R7W Sec 16
8. Strawberry Valley...................... T38S R7W Sec 20,21
9. Swains Creek........................... T38S R7W Sec 26,2
10. Blackman Hill......................... T38S R7W Sec 26,27
11. Harris Springs........................ T38S R7W Sec 26
12. Swains Creek Pines.................... T38S R7W Sec 33,34
13. Ponderosa Ranch....................... T38S R7W Sec 24; T38S R6W
Sec 19
14. Zion View Mtn Estates................. T38S R8W Sec 2
15. Duck Creek Pines...................... T38S R7W Sec 7
------------------------------------------------------------------------
The private lands were designated an ``urban interface community at
risk from wildfires on National Forestlands'' by the Chief of the
Forest Service (66FR 43383, August 17, 2001). This designation meant
that Federal funds from the National Fire Plan could be spent to reduce
fuels on National Forestlands adjacent to the private lands.
Historic prevention and suppression of wildfire has resulted in
ever-increasing accumulations of forest fuels. These buildups of forest
fuels increase the risk of high intensity fires to the National Forest
and to large private subdivisions within the forest boundary. The
extensive development and high recreation use have also increased the
threat of human-caused fires. A high intensity fire occurring within
this area would cause significant damage to property and natural
resources. Reducing the risk of wildfires in these areas would provide
the best opportunity to protect National Forestlands and adjacent
private properties. The Forest Service has determined that the fuels
treatment objectives will be met without harvesting trees over nine
inches in diameter.
Purpose and Need for Action
The purpose of this project is to modify existing, high fuel loads
that influence fire behavior in National Forest lands adjacent to
private lands in the Duck Creek Area. There is a need to reduce minute,
hour, ten-hour and hundred-hour fuels adjacent to private property and
in the defensible fire space zone. There is a need to change the
structure and composition of the fuels throughout the project area,
especially in aspendominated sites. There is a need to change the
characteristics of the residual trees by removing ladder fuels from the
ground to eight feet high. Changing these fuels characteristics and
reducing the fuel loads would help reduce the risk of property damage
and allow sufficient time for firefighters to directly attack and
control a wildfire before housing and other developments are threatened
or destroyed. The fuel elements that need to be treated are as follows:
Element 1--Ground Fuels Reduction
Current fuel loads adjacent to private lands range from 20-50 tons
per acre. The desired condition of the area immediately surrounding the
subdivisions, Defensible Fire Space (DFS), is to have fuel loads
reduced to 5-10 tons per acre, a level that would not sustain a high
intensity wildfire.
The current fuel loads range from 20-50 tons per acre in the
general forest area outside of the DFS. Reducing the fuel loads in the
general forest area to 10-15 tons per acre would slow the spread of
fire and would reduce the potential for a fire to spread into the
crowns of the trees.
Element 2--Ladder Fuels Reduction
Lower branches and small trees currently extend from the ground
upward, the ladder a fire would climb
[[Page 44588]]
to reach higher crowns. Ladder fuels have increased dramatically as
ponderosa pine trees with small crowns and few lower branches have been
replaced by fir and spruce that have large crowns and branches
extending to the ground. Fire suppression has also resulted in a dense
understory of young trees that contribute to the fire ladder. The
desired condition within the DFS is to effectively prevent a ground
fire from climbing into upper tree crowns.
Elements 3--Retention of Fire Tolerant Species
Aspen is naturally regenerated by wildfire, and therefore is
considered a fire-tolerant species. Aspen stands within the watershed
are being encroached upon by tree species such as spruce and fir, which
are fire intolerant species. Stands with high density of aspen act as
natural firebreaks or areas where fire activity is slowed. Aspen is a
short-lived species that requires disturbance in order to regenerate;
without disturbance, these stands will eventually be taken over by
conifers, eliminating the aspen from the area. Conifer encroachment
increases fire susceptibility and fire behavior within these stands.
Maintaining aspen stands would help slow the spread of fires that may
occur. The desired condition is to regenerate and maintain aspen
stands.
Proposed Action
The Forest Service proposes to treat fuels in timber stands located
in Kane County, Utah, Salt Lake Base Meridian, T38S R38W, T38S R7W,
T39S R8W, T39S R7W and T38S R6W. The specific fuels treatments are as
follows:
1. Defensible fire space treatments. Establish a defensible fire
space (DFS) in National Forest lands from 500'-2000' wide immediately
surrounding private lands with subdivisions. The area to be treated in
the DFS is approximately 2,778 acres. To reduce the risk of a wildfire
reaching or spreading through tree crowns within the DFS, intensive
fuels removal treatments will be conducted by cutting all conifer trees
under nine inches in diameter and pruning limbs under eight feet high
on conifer trees to reduce ladder fuels. Limbs, existing ground fuels
and slash will be disposed of by piling/burning or chipping.
2. Mixed conifer treatments. Reduce fuel loads and favor the
establishment of ponderosa pine on approximately 7,002 acres of mixed
conifer stands in National Forest lands south and west of the private
subdivisions. Mixed conifer stands have major components of ponderosa
pine, white fir and Douglas-fir with minor components of subalpine fir,
Engelmann spruce and Colorado blue spruce. Fuel loads will be reduced
by cutting white fir, Douglas-fir, subalpine fir, Engelmann spruce and
Colorado blue spruce trees under nine inches in diameter. Limbs,
existing ground fuels and slash will be disposed of by piling/burning
or chipping.
3. Spruce/fir treatments. Reduce fuel loads on approximately 952
acres of spruce/fir conifer stands in National Forest lands south and
west of the private subdivisions. Spruce/fir stands have major
components of Engelmann spruce and subalpine fir with minor components
of ponderosa pine, Colorado blue spruce, Douglas-fir and white fir.
Fuel loads will be reduced by cutting subalpine fir, white fur and
Douglas-fir under nine inches in diameter. Engelmann spruce, Colorado
blue spruce and ponderosa pine trees under nine inches in diameter will
be retained in this area in order to maintain a spruce component into
the future. Limbs, existing ground fuels and slash will be disposed of
by piling/burning or chipping.
4. Aspen treatments. Regenerate and maintain stands dominated by
aspen in approximately 2,906 acres of National Forest lands south and
west of the private subdivisions by cutting Engelmann spruce, Colorado
blue spruce, subalpine fir and white fir trees under nine inches in
diameter and underburning fuels. Slash will be pulled away from mature
(over 18 diameter) ponderosa pine and Douglas-fir trees to
provide partial protection from prescribed fire. Aspen, a short-lived
species that acts to slow the spread of wildfire, requires periodic
disturbance to induce new growth. Underburning will result in
stimulating and regeneration the aspen. A prescribed fire plan will be
developed prior to underburning. The plan will outline appropriate
burning conditions and fire control methods to be implemented to insure
the prescribed fire is confined to the area to be treated.
Fuels and slash piling may be done by machine, except where Forest
Plan standards for soils or slope dictate otherwise. Piles will be
burned. The transportation system required to treat or remove fuels is
in place. No new roads would be constructed with this project. Riparian
areas along perennial streams would be protected with a 300-foot no-
treatment buffer along the edges. Riparian areas along ephemeral
streams would be thinned, but piling and burning would occur at least
50 feet away from the channel. No treatment would occur within 100 feet
of springs occur in order to protect water sources, soils that are wet
and sensitive to compaction, and riparian habitat.
The project will be implemented in accordance with direction in the
Dixie National Forest Land and Resource Management Plan.
Possible Alternatives
Three or more alternatives will be considered in the analysis.
No action. Under this alternative, the proposed fuels treatments
will not be completed. The current forest fuels conditions would not be
substantially changed and natural processes would continue. This
alternative will be fully evaluated and described.
Proposed Action (as described above).
Additional Alternatives--Additional alternatives may be developed
in response to issues and resource conditions evaluated through the
analysis.
Responsible Official
The responsible official for this EIS and the Record of Decision
is: Mary Wagner, Forest Supervisor, Dixie National Forest, 1789
Wedgewood, P.O. Box 627, Cedar City, Utah 84720-0627; FAX: (435) 865-
3791.
Nature of Decision To Be Made
The Responsible Official will decide whether forest fuels treatment
would be conducted to reduce risks from wildfires to the National
Forest and to private lands held within the National Forest; and, if
so, what extent and types of treatments should be done.
Scoping Process
Public participation was initiated through scoping in October,
2001. A scoping notice was sent to 2,796 individuals and organizations
who are potentially affected parties and those currently on the Dixie
National Forest mailing list that have expressed interest in natural
resource projects. Two public meetings were held (October 27, November
1). Comments and issues were received in response to these public
contacts.
Scoping Will Continue
Public participation is especially important during scoping and
review of the draft EIS. Individuals, organizations, federal, state,
and local agencies who are interested in or affected by the decision
are invited to participate in the scoping process. This information
will be used in the preparation of the draft EIS.
Preliminary Issues
The following issues were identified through public scoping and
internal resource analyses:
[[Page 44589]]
1. The proposed fuels treatments would reduce travel corridors for
big game (e.g. elk and deer) and birds and small mammals (e.g. turkey,
grouse, red squirrels and flying squirrels) by substantially
fragmenting habitat throughout the project area.
2. The proposed fuels treatments would remove understory trees and
limbs, which are used by juvenile goshawks within nest areas and
flammulated owls as roosting habitat.
3. The proposed fuels treatments would create openings in the
forest and increase sight distance from the homes within the
subdivision into the forest. This would change the visuals/aesthetics
of the area by reducing or eliminating the ``vegetative screening''
that many residents value.
4. Older stands of aspens would be regenerated and replaced by
younger stands of aspen, reducing and/or changing the aesthetic value
of these stands. Older trees with large, white boles would be replaced
by thickets of seedlings and saplings in the short term. Fall color
viewing would also be impacted.
5. The proposed fuels treatments would remove young trees and
seedlings from the spruce/fir stands, resulting in the eventual loss of
the timber stand due to lack of regeneration.
6. The proposed fuels treatments are too costly to implement.
7. The proposed fuels treatment would reduce or eliminate
understory vegetation that serves as a barrier to off-road motorized
vehicles, especially by ATV's (All Terrain Vehicles).
Comments Requested
Comments will continue to be received and considered througout the
analysis process. Comments received in response to this notice and
through scoping, including names and addresses of those who comment,
will be considered part of the public record of this proposed action
and will be available for public inspection. Comments submitted
anonymously will be accepted and considered; however, those who submit
anonymous comments will not have standing to appeal the subsequent
decision under 36 CFR Parts 215 or 217. Additionally, pursuant to 7 CFR
1.27(d), any person may request the agency to withhold a submission
from the public record by showing how the Freedom of Information Act
(FOIA) permits such confidentiality. Persons requesting such
confidentiality should be aware that,under the FOIA, confidentiality
may be grated in only very limited circumstances, such as to protect
trade secrets. The Forest Service will inform the requester of the
agency's decision regarding the request for confidentiality, and where
the request is denied, the agency will return the submission and notify
the requester that the comments may be resubmitted with or without name
and address within a specified number of days.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review
A draft environmental impact statement will be prepared for
comment. The draft EIS is expected to be filed with the EPA
(Environmental Protection Agency) and to be available for public
review. At that time the EPA will publish a notice of availability of
the draft EIS in the Federal Register. The comment period for the draft
environmental impact statement will be forty-five days from the date
the EPA's notice of availability appears in the Federal Register.
Comments on the draft EIS should be as specific as possible and may
address the adequacy of the statement or the merits of the alternatives
discussed (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 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 reviewers' position and
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,
553 (1978).
Also, environmental objections that could have been 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, (9th
Circuit, 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 the time it can
meaningfully consider that and respond to them in the final
environmental impact statement.
To assist the Forest Service in identifying and considering issues
and concerns about 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
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.
In the final EIS, the Forest Service is required to respond to
substantive comments and responses 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
a decision regarding the proposal.
The Responsible Official will document the decision and rationale
for the decision in a Record of Decision. The final EIS is scheduled
for completion in January, 2003. The decision will be subject to review
under Forest Service Appeal Regulations.
Dated: May 23, 2002.
Mary Wagner,
Forest Supervisor, Dixie National Forest.
[FR Doc. 02-16708 Filed 7-02-02; 8:45 am]
BILLING CODE 3410-11-M
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