[Federal Register Volume 59, Number 159 (Thursday, August 18, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-20268] [[Page Unknown]] [Federal Register: August 18, 1994] VOL. 59, NO. 159 Thursday, August 18, 1994 DEPARTMENT OF AGRICULTURE Forest Service Suitability Study of Snowbird Creek for Inclusion in the National Wild and Scenic Rivers System; Nantahala National Forest (National Forests in North Carolina), Graham County, NC AGENCY: USDA, Forest Service. ACTION: Notice of Intent to prepare an environmental impact statement. ----------------------------------------------------------------------- SUMMARY: The Forest Service will prepare a draft and final environmental impact statement (EIS) to evaluate the environmental impacts of including suitable segments of Snowbird Creek, classified as wild, scenic, and/or recreational, in the National Wild and Scenic Rivers System. The decision to recommend the nomination of suitable river segments to the National Wild and Scenic Rivers System rests with the Secretary of Agriculture. The Wild and Scenic Rivers Act (PL 90- 542) reserves to Congress the authority to include rivers in the National Wild and Scenic Rivers System. The agency invites written comments on the suitability of this river for designation and on significant issues related to including it in the National Wild and Scenic Rivers System. In addition, the agency gives notice of the full environmental analysis and decision making process that has been occurring on the proposal so that interested and affected people are aware of how they may participate and contribute to the final decision. The Supervisor of the National Forests in North Carolina is responsible for the preparation of the EIS. ADDRESSES: Send written comments to Snowbird Creek Wild and Scenic River Study, c/o Randle Phillips, Forest Supervisor, P.O. Box 2750, Asheville, NC 28802. FOR FURTHER INFORMATION CONTACT: Melinda McWilliams, Wild and Scenic Rivers Study Team Leader, U.S. Forest Service, P.O. Box 2750, Asheville, NC 28802, 704/257-4253. SUPPLEMENTARY INFORMATION: In 1982, the Nationwide River Inventory developed by the National Park Service, U.S. Department of Interior, identified Snowbird Creek as a potential wild and scenic study river. The 1987 Final Environmental Impact Statement (FEIS) for the Land and Resource Management Plan for the Nantahala and Pisgah National Forests determined Snowbird Creek to be eligible for designation, with potential wild and recreational classifications for different segments. (That information and additional findings will be documented in this EIS.) The river was determined to be potentially suitable for designation pending further study. This follow-up study to the Forest Plan FEIS was begun in 1991. The decision to be made in this river study is whether or not the river is suitable for designation. If found suitable, the decision to be made in the EIS is whether or not to recommend all or portions of the suitable segments for designation and inclusion in the National Wild and Scenic Rivers System. Based on the final recommendation made by the Secretary of Agriculture, the Forest Plan will be amended as appropriate. The study and EIS will consider Snowbird Creek in its entirety, from its headwaters to the backwaters of Santeetlah Lake, for a total of 20.2 miles. The area of consideration is a corridor a minimum of \1/ 4\ mile from each stream bank for the entire length of the study segment. This corridor includes both public and private lands. Significant issues identified during initial scoping include the effects of designation on private lands, the need to protect the free- flowing condition and resource values of the river, and general opposition to any type of federal designation. A range of alternatives will be developed based on issues and concerns raised during the study process. As a minimum, one alternative will maintain current management with a recommendation of nondesignation for Snowbird Creek (the no action alternative). Other potential alternatives include: 1. Recommend designation for all eligible segments. 2. Recommend designation or nondesignation for specific river segments based on identified issues. The environmental impact statement will disclose the direct, indirect, and cumulative effects of implementing each alternative. Public participation is important at several points during the analysis process. The first point was the scoping process (40 CFR 1501.7). The scoping process includes, but is not limited to: (1) identifying potential issues, (2) identifying issues to be analyzed in depth, (3) eliminating insignificant issues or those that have been covered by a relevant previous environmental analysis, (4) exploring additional alternatives, and (5) identifying potential (direct, indirect, and cumulative) environmental effects of the alternatives. During the scoping process, the Forest Service sought information, comments, and assistance from Federal, State, and local agencies and individuals or organizations who may be interested in or affected by the proposal. News releases were published in local newspapers and individual letters were distributed to government agencies, organizations, landowners along the rivers and individuals assumed to be interested in this action. Informal contacts through phone calls and visits have also occurred throughout the study. Additional mailings and media releases will occur when the Draft EIS and Final EIS are completed and available for public review. The responsible official is Mike Espy, Secretary of Agriculture, Administration Bldg., 12th Street and Jefferson Drive, S.W., Washington, DC 20250. The Draft Environmental Impact Statement is expected to be filed with the Environmental Protection Agency (EPA) and available for public review by January 1995. The comment period on the draft environmental impact statement will be 45 days from the date the EPA 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 related to public participation in the environmental review process. Upon release of the draft environmental impact statement, projected for January 1995, reviewers 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. vs. NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections that could be raised at the draft environmental impact statement stage, but are not raised until after the completion of the final environmental impact statement may be waived or dismissed by the courts. City of Angoon vs. Hodel, 803F.2d 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. vs. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposal 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 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 and 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 at the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points.). After the comment period ends on the draft environmental impact statement, the comments will be analyzed and considered by the Forest Service in preparing the final environmental impact statement. The final EIS is scheduled to be completed by July 1995. The Secretary of Agriculture will consider comments, responses, and environmental consequences discussed in the final environmental impact statement and applicable laws, regulations, and policies in making his recommendation to the President regarding the suitability of this river for inclusion in the National Wild and Scenic Rivers System. The decision on the inclusion of a river in the National Wild and Scenic Rivers System rests with the United States Congress. Dated: August 8, 1994. Sterling J. Wilcox, Acting Associate Deputy Chief, National Forest System. [FR Doc. 94-20268 Filed 8-17-94; 8:45 am] BILLING CODE 3410-11-M