Palmer Quarry Expansion, Mt. Hood National Forest, Clackamas County, OR
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 15, 2002 (Volume 67, Number 10)]
[Notices]
[Page 1955-1956]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja02-26]
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DEPARTMENT OF AGRICULTURE
Forest Service
Palmer Quarry Expansion, Mt. Hood National Forest, Clackamas
County, OR
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The Forest Service, USDA, will prepare an environmental impact
statement (EIS) on a proposal to expand an existing rock quarry. The
Proposed Action will be in compliance with the 1990 Mt. Hood National
Forest Land and Resource Management Plan (Forest Plan) as amended by
the Northwest Forest Plan, which provides the overall guidance for
management of this area. The Proposed Action is within the Salmon River
watershed on the Zigzag Ranger District and scheduled for
implementation in fiscal year 2003. The Mt. Hood National Forest
invites written comments and suggestions on the scope of the analysis.
The agency will give notice of the full environmental analysis and
decision-making process so interested and affected people may be able
to participate and contribute in the final decision.
DATES: Comments concerning the scope of the analysis should be
postmarked by March 1, 2002.
ADDRESSES: Send written comments and suggestions concerning the
Proposed Action in this area to Jim Tierney, Project Coordinator, 595
NW Industrial Ways, Estacada, Oregon 97023 (phone: 503-630-8751).
Comments may also be sent by FAX (503-630-2299). Include your name and
mailing address with your comments so documents pertaining to this
project may be mailed to you.
FOR FURTHER INFORMATION CONTACT: Questions about the Proposed Action
and EIS should be directed to Jim Tierney (address and phone number
listed above), or to Mike Redmond, Environmental Coordination, 16400
Champion Way, Sandy, Oregon 97055-7248 (phone: 503-668-1776).
SUPPLEMENTARY INFORMATION: The Proposed Action includes expansion of
the existing Palmer rock quarry on approximately 60 acres of National
Forest system land. The proposal may also include road improvements on
the access to the quarry. The excavated material from the quarry would
be used by the Forest Service and the Oregon Department of
Transportation of maintenance and reconstruction of roads, including
State Highways 26 and 35.
The project area is located approximately 4 miles south of
Government Camp, in Section 2, T.4S., R.8-\1/2\E., Willamette Meridian,
Clackamas County, Oregon. This analysis will evaluate a range of
alternatives for implementation of the project activities including a
no-action alternative. The project area does not include any
wilderness, roadless areas, wild and scenic rivers, late successional
reserves, or riparian reserves.
Some of the preliminary issues that have been identified include:
Visual quality as seen from key view points on the Forest, and traffic
management conflict between commercial use and recreation.
The scoping process will include the following: Identify and
clarify issues; identify key issues to be analyzed in depth; explore
alternatives based on themes which will be derived from issues
recognized during scoping activities; and identify potential
environmental effects of the Proposed Action and alternatives.
The draft EIS is planned to be filed with the Environmental
Protection Agency (EPA) and available for public review by September
2002. The EPA will publish a Notice of Availability (NOA) of the draft
EIS in the Federal Register. The comment period on the draft EIS will
be 45 days from the date the NOA appears in the Federal Register.
Copies of the draft EIS will be distributed to interested and affected
agencies, organizations, Indian Tribes, and members of the public for
their review and comment. It is important that those interested in this
proposal on the Mt. Hood National Forest participate at that time.
Comments received in response to this Proposed Action, 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. 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 granted in only very limited
circumstances, such as to protect trade secrets. The Forest Service
will inform the requestor of the agency's decision regarding the
request for confidentiality,
[[Page 1956]]
and where the request is denied, the agency will return the submission
and notify the requestor that the comments may be resubmitted with or
without names and addresses within thirty days.
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 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 are not raised until
after completion of the final EIS 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 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 available by March 2003. In the
final EIS, the Forest Service is required to respond to substantive
comments received during the comment period for the draft EIS. The
responsible official is Gary Larsen, Mt. Hood National Forest
Supervisor. The responsible official will decide which, if any, of the
alternatives will be implemented. The Palmer Quarry Expansion decision
and rationale will be documented in a Record of Decision, which will be
subject to Forest Service Appeal Regulations (36 CFR part 215).
Dated: December 28, 2001.
Kathryn J. Silverman,
Acting Forest Supervisor.
[FR Doc. 02-921 Filed 1-14-02; 8:45 am]
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