[Federal Register: March 2, 2004 (Volume 69, Number 41)]
[Notices]
[Page 9795-9798]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02mr04-24]
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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
original Notice of Intent for this project was published in the Federal
Register May 23, 2002 (page 44587). A revised Notice of Intent was
published July 18, 2003 (page 42677). This second revised Notice of
Intent is published to change the dates of the EIS and modify the
Purpose and Need statement of the EIS to include crown fuels reduction.
The agency confirms the continuing environmental analysis and decision-
making process.
DATES: Comments concerning the analysis must be received within thirty
days after publication of this revised Notice Of Intent in the Federal
Register. The draft environmental impact statement is expected in June,
2004. The final environmental impact statement is expected in October,
2004.
ADDRESSES: Send written comments to: Duck Creek Fuels Treatment
Analysis Coordinator, Cedar City Ranger District, Dixie National
Forest, 1789 Wedgewood, Cedar City, Utah 84720.
FOR FURTHER INFORMATION CONTACT: Duck Creek Fuels Treatment Analysis
Coordinator, Cedar City Ranger District, Dixie National Forest, 1789
Wedgewood, Cedar City, Utah 84720.
SUPPLEMENTARY INFORMATION: The proposed treatments will implement
direction in the National Fire Plan and Healthy Forest Initiative and
Healthy Forests Restoration Act, efforts to reduce impacts of wildfires
on people and resources. 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 Forest lands'' by the Chief of the
Forest Service (Federal Register, August 17, 2001 / Notices). This
designation meant that Federal funds from the National Fire Plan could
be spent to reduce fuels on National Forest lands 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 Forest lands and adjacent
private properties.
Purpose and Need for Action
The purpose of this project is to modify existing, high fuel loads
that influence fire behavior on National
[[Page 9796]]
Forest lands adjacent to private lands in the Duck Creek area. Fuel
loads and the potential for high intensity surface and crown fires,
sustained fire spread, and resultant threat to firefighter and public
safety as well as cost of suppression are reduced by manipulating
vegetation. Eliminating the high surface fuel loads, ladder fuels, and
reducing crown fuels would help reduce the risk of property damage and
allow sufficient time for firefighters to directly attack and control a
fire before housing and other developments are threatened or destroyed.
The difference between the existing condition and desired condition
describes the need for action and is defined by ``elements'' that
describe how the need for action is measured.
Element 1--Ground Fuels Reduction. Currently, the increasing
buildup and continuity of fuels on National Forest lands pose a serious
risk to the adjacent subdivisions on private lands within the Duck
Creek area. As these fuel loads have increased, the residential
population of the private subdivisions has also increased. Increased
recreation use is also occurring, increasing the risk that a human-
caused fire may occur. The risk of high intensity wildfire is a threat
to the large subdivisions of private homes, businesses and other
private land developments, as well as a threat to the people who live
and recreate in the area. A high intensity fire would cause significant
damage to these properties, as well as to the natural resources in the
area. Current fuel loads adjacent to private lands range from 20 to 50
tons per acre; most forests exhibit conditions of a Fuel Model 10.
The desired condition of the area surrounding the subdivisions, the
DFS, or Defensible Fire Space (a zone around the subdivisions up to
2,000 feet wide), is to have fuel loads reduced to 5-10 tons per acre,
which would convert the forest to a Fuel Model 8, a level that would
not sustain a high intensity fire event and a width which would allow
fire embers from areas outside the DFS to land without causing a
significant spot fire hazard.
Outside of the DFS, the current fuel loads range from 20 to 50 tons
per acre. Reducing the fuel loads in the general forest area would slow
the spread of fire and would reduce the potential for a fire to spread
into the crowns of the trees. The desired condition of the general
forest area, which is the area outside of the DFS, is to have fuel
loads reduced to 10-15 tons per acre, a level that would lessen the
potential for and slow the spread of a high intensity fire event. The
element of Ground Fuels Reduction will be measured by total fuel loads
(tons/acre) in the DFS and General Forest Area.
Element 2--Ladder Fuels Reduction. Currently, 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
ladder a fire would climb to reach higher crowns. Lower branches, small
trees and other ladder fuels currently extend from the ground upward.
The desired condition within the DFS is to effectively prevent a ground
fire from climbing. Therefore, small diameter trees should be
infrequent and with all trees the branches or ladder fuels should be at
least eight feet above the ground within the DFS.
The element of ladder fuels will be measured by acres of DFS that
do not have trees nine inches dbh and less, with remaining trees limbed
to eight feet high.
Element 3--Crown Fuels Reduction. Currently, dense, continuous
crowns (tree canopy), exist in conifer stands south and west of the
subdivisions within the Duck Creek area. A fire starting in this area
under normal summer weather conditions could easily reach the crowns
via high surface fuel loads and ladder fuels that exist throughout the
area and then be carried through the dense canopy by a combination of
winds, slope, and atmospheric conditions. This dense crown fuel
condition provides a ready avenue for a high intensity fire to spread
rapidly and significantly increases long-range spotting as well. The
desired conditions are a thinned canopy where typical wind/slope/
atmosphere interaction could not sustain fire spread through the canopy
along with breaks in the forest canopy that would reduce the continuity
of aerial fuels adjacent to those areas having denser canopies.
The element of crown fuels will be measured by crown fire index and
by acres treated to effectively prevent a fire from spreading through
the crowns.
Element 4--Retention of Fire Tolerant Species. Currently, aspen
stands within the watershed are being encroached upon by tree species
such as spruce and fir, which are fire intolerant species. Stands with
a high density of aspen, a fire tolerant species, 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.
Historically, 60 to 70% of the watershed contained stands with an aspen
component. Restoring and maintaining aspen stands would help slow the
spread of fires that may occur. The desired condition is to regenerate
and maintain aspen stands, such that at least 60% of the stands within
the watershed contain aspen.
The element of retention of fire tolerant species will be measured
by the acreage of stands that retain or develop an aspen component.
Proposed Action: The Forest Service proposes to treat fuels in
timber stands located in Kane County, Utah, Salt Lake Base Meridian,
T38S R8W, T38S R7W, T39S R8W, T39S R7W and T38S R6W. The specific fuels
treatments are as follows:
1. Defensible fire space (DFS) treatments. A defensible fire space
will be established in National Forest lands from 500'-2000' wide
immediately surrounding private lands with subdivisions. The DFS area
is approximately 2,724 acres. Ground fuels will be reduced by disposing
of limbs, existing ground fuels and slash by piling/burning or
chipping. Ladder fuels will be reduced by pruning limbs under eight
feet high on conifer trees. Crown fuels will be reduced by cutting all
conifer trees under nine inches in diameter.
2. Mixed conifer treatments. Fuel loads will be reduced and the
establishment of ponderosa pine will be favored on approximately 7,352
acres of mixed conifer stands in National Forest lands south and west
of the private subdivisions. Mixed conifer stands currently have major
components of ponderosa pine, white fir and Douglas-fir with minor
components of subalpine fir, Engelmann spruce and Colorado blue spruce.
Ground fuels will be reduced by piling/burning or chipping limbs, other
ground fuels and slash. Ladder and crown fuels will be reduced by
cutting white fir, Douglas-fir, subalpine fir, Engelmann spruce and
Colorado blue spruce trees under nine inches in diameter.
3. Spruce treatments. Fuels treatments will conducted in
approximately 947 acres of spruce conifer stands in National Forest
lands south and west of the private subdivisions. Spruce stands have
major components of Engelmann spruce and subalpine fir with minor
components of ponderosa pine, Colorado blue spruce, Douglas-fir and
white fir. Ground fuels will be reduced by disposing of limbs, existing
ground fuels and slash by piling/burning or chipping. Ladder and crown
Fuel loads
[[Page 9797]]
will be reduced by cutting subalpine fir, white fir 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.
4. Aspen treatments. Stands dominated by aspen will be regenerated
and maintained in approximately 2,366 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 regenerating 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 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: Robert A. Russell, Forest Supervisor, Dixie
National Forest, 1789 Wedgewood, Cedar City, Utah 84720; FAX: (435)
865-3791.
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; and, if so, what
extent and types of treatments should be done.
Scoping Process: Public participation was initiated through scoping
in October, 2001. 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:
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 aspen 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 throughout 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 granted 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,
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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 them 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 September, 2004.
The decision will be subject to review under Forest Service Appeal
Regulations.
Dated: February 23, 2004.
Robert A. Russell,
Forest Supervisor, Dixie National Forest.
[FR Doc. 04-4586 Filed 3-1-04; 8:45 am]
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