Jarbidge Canyon Analysis; Humboldt-Toiyabe National Forest, Elko
County, Nevada
[Federal Register: March 6, 2002 (Volume 67, Number 44)]
[Notices]
[Page 10121-10122]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06mr02-12]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
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DEPARTMENT OF AGRICULTURE
Forest Service
Jarbidge Canyon Analysis; Humboldt-Toiyabe National Forest, Elko
County, Nevada
AGENCY: USDA Forest Service.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The U.S. Department of Agriculture, Forest Service will
prepare an Environmental Impact Statement to evaluate the environmental
effects of several alternatives for road reconstruction and maintenance
and potential watershed and aquatic habitat improvement projects in the
Canyon of the West Fork of the Jarbidge River. The Forest Service will
prepare the EIS in cooperation with the Bureau of Land Management, U.S.
Fish and Wildlife Service, U.S. Environmental Protection agency, Elko
County Commission, Nevada Division of Wildlife, Nevada Division of
Environmental Quality.
DATES: Written comments concerning the scope of the analysis should be
received by April 15, 2002, to ensure timely consideration.
ADDRESSES: Send written comments to: Jarbidge EIS Team, Humboldt-
Toiyabe National Forest, 2035 Last Chance Road, Elko, NV 89801.
FOR FURTHER INFORMATION CONTACT: Direct questions about the project and
the preparation of the EIS to Jim Winfrey, Project Team Leader,
Humboldt-Toiyabe National Forest, P.O. Box 539, Ely, NV 89301.
Telephone: 775-289-3031.
SUPPLEMENTARY INFORMATION:
Background
Under the settlement agreement in United States v. John Carpenter
et al. The Forest Service agreed not to contest Elko County's claim
that it has a right of way for the South Canyon Road. In exchange, Elko
County agreed no to do any roadwork on the South Canyon Road without
Forest Service authorization. In addition, Elko County proposed several
road and watershed improvement projects to protect and enhance the west
fork of the Jarbridge River. The Forest Service agreed to complete any
necessary analysis under NEPA and ESA to authorize proposed work by
Elko County.
The Forest Service has received no specific proposals from Elko
County. However, the Forest Service believes that is it is important to
begin analyzing alternatives for road reconstruction and watershed
improvements so they can be implemented as soon as practicable. Elko
County will be invited to participate as a cooperating agency and can
submit a proposal and it will be included in this analysis.
The proposed projects are located between the Idaho/Nevada
Stateline and south to the Upper Fox Creek Bridge on the Jarbidge
River. The approximate length of the road in the project area is 11
miles. By combining the analysis of the proposed projects along the
length of the river the Forest will be better positioned to address
cumulative effects of these projects on the river environment. This
project area was defined in the Settlement Agreement. Within the
project area there are opportunities for improvements to the
terrestrial and aquatic environment that will be addressed.
Preliminary internal scoping and comments received in two earlier
analyses have identified two issues, which will be addressed in the
analysis process. The following list of issues is not intended to be
all-inclusive: (1) The presence of bull trout that are federally listed
as threatened. (2) The location of most of the proposed work within the
flood plain of the river. These issues, and others identified during
the scoping process will be used to develop alternatives to the
proposed action. In addition, the No Action alternative will be
considered in the analysis.
Purpose and Need for Action
The purpose of and need for action is to improve water quality and
aquatic habitat while preserving and improving access along the road.
This environmental document will disclose the environmental effects of
the projects considered for implementation.
Proposed Action
To implement a set of proposed projects designed to improve the
environment of the Jarbidge River Watershed. These projects are
primarily focused on reconstructing portions of the road in the canyon
bottom to reduce the direct input of sediment into the river from the
road, to increase shade along the river and increase woody debris. The
proposed action will be to authorize Elko County, where necessary, and
allow the Forest Service to proceed with implementation of these
projects.
Decision To Be Made and Responsible Official
The Responsible official will decide how Elko County may be
authorized to reconstruct the South Canyon Road; and determine which
road and watershed improvement projects to implement in a manner that
adequately protects the surrounding land and aquatic resources
The Forest Service is the lead agency for this project and Robert
L. Vaught; Forest Supervisor is the responsible official. Applicable
laws, Forest Service regulations and the Humboldt National Forest Land
and Resource Management Plan (1986 as amended) will be taken into
account throughout the analysis.
Scoping Process
As part of the scoping process, the Forest Service is seeking
information and comments from Federal, State, County and local agencies
and other individuals or organizations that may be interested in or
affected by the proposed actions. Scoping meetings will be held between
5 pm and 7 pm at the Forest service offices in Elko NV, March 18; Twin
Falls ID, March 19; Boise ID, March 20; and Reno NV, March 21. This
input will be used in preparation of the draft EIS and final EIS. The
Scoping process will last 45 days from the publication of this NOI in
the Federal Register.
Coordination With Other Agencies
Several government agencies will be invited to participate in this
project as cooperating or participating agencies. These agencies
include, but are not limited to, Bureau of Land Management, DOI U.S.
Fish and Wildlife Service, U.S. Environmental Protection Agency, Nevada
Division of Environmental Protection, Nevada Division of Wildlife, and
Elko County. Participation by Elko
[[Page 10122]]
County will be required in the implementation of these projects.
Commenting
The Draft EIS is expected to be filed with the U.S. Environmental
Protection Agency (EPA) and be available for review in July 2002. At
that time, EPA will publish a Notice of Availability of the Draft EIS
in the Federal Register. The comment period of the Draft EIS will be at
least 45 days from the date the EPA's Notice of Availability appears 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
the 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 environmental impact 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 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 or 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.
Robert L. Vaught,
Forest Supervisor.
[FR Doc. 02-5277 Filed 3-5-02; 8:45 am]
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