HomeMy WebLinkAboutLetter from USDA 3-11-10 USDA united states Forest Pacific Regional Office,RS
Department of Service southwest 1323 Club Drive
Agriculture Region Vallejo,CA 94592
(707)562-8737 Voice
. (707)562.9240 Text(TDD)
File Code; 1920
Date: MAR 1 1.2010
Dear Interested Party;
On November 4, 2009, the Eastern District Court of California ordered the Forest Service to
prepare a Supplemental Environmental Impact Statement(SEIS) for the Sierra Nevada Forest
Plan Amendment(SNFPA) to correct deficiencies in the 2004 SNFPA Final SEIS and Record of
Decision. The court ordered the new analysis to be completed by May 1,2010. A Notice of
Intent to prepare the SEIS was published in the Federal Register on December 10, 2009. On
February 12, 2010,a Notice of Availability for the Draft Supplemental Environmental Impact
Statement(DSEIS)for the Sierra Nevada Forest Plan Amendment was published in the Federal
Register, starting a 45-day public comment period.
On February 25 and March 1,2010,Judge Morrison England issued orders in People of the State
of California v.USDA and Sierra Forest Legacy v. Rev staying the original May 1,2010
deadline for completion of the new SEIS for the Sierra Nevada Forest Plan Amendment. The
elimination of the May 1, 2010 deadline avoids the need for the accelerated schedule previously
established for the SEIS. Therefore, the Forest Service has decided to push back the deadline for
the submission of public comment for an additional 30 days until May 5,2010. This additional
time should give members of the public sufficient time to comment on the DSEIS.
Some members of the public have suggested that the Forest Service immediately halt all efforts
on the SEIS and postpone such work, including the submission of public comment,until the
point when litigation related to the 2004 SNFPA is resolved and additional guidance is provided
by the courts on the necessary scope of the SEIS. We understand that taking that approach is
allowed by Judge England's recent orders. However, we believe that such an approach would
disserve the Forest Service and the public for several reasons.
First,a core element of the SEIS is to remedy identified modeling errors in the 2004 SNFPA. To
conduct this detailed and technical analysis,we convened a highly experienced and specialized
Interdisciplinary Team that includes the lead modeler involved with both the 2001 and 2004
SNFPA analyses. However, the lead modeler is planning to retire in July. Given the highly
technical nature of the modeling involved in this and previous analyses for the SNFPA,it is
advantageous to the agency and to the commenting public to have this lead modeler evaluate
these comments, provide additional analysis as necessary,and provide responses to such
comments.
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Extending Public Comment Period for the Sierra Nevada Forest Plan Amendment
2010 Draft SEIS
Page 2 of 2
Second,the Agency is concerned that the Interdisciplinary Team members' familiarity with the
content and underlying analytical processes that went into the SEIS may become stale if the
public comment process is indefinitely delayed. In addition,the Interdisciplinary Team members
will be assigned to other priority projects and may not be readily available at the time that the
work on the SEIS is to continue. Therefore, the Agency believes that it is important to receive
public comment in the near future and analyze any issues raised in the public comment process
that might be difficult to properly address if deferred far into the future.
For these reasons,the Forest Service believes it is prudent to proceed with the public comment
process on the Draft SEIS. However,to ensure that the public has sufficient time to prepare and
submit comments,the Agency has decided to extend the comment period by 30 days. We have
requested that EPA,publish a Notice in the Federal Register extending the comment period with
a revised deadline for the receipt of public comment of May 5,2010.
If you are interested in commenting on the Draft SEIS,please follow the procedures described in
the original February 2,2010, letter provided with the Draft SEIS. This information and other
project updates are also available on the Internet at: http://www.fs.fed.us/r5/sntLq2010seis/
Please contact Ron Pugh,Deputy Director of Ecosystem Planning at(707) 562-8951,or via
e-mail: rJpugh@fs.fed.us for more information.
Sincerely,
r
gional Forester