[Federal Register Volume 59, Number 4 (Thursday, January 6, 1994)]
[Notices]
[Pages 727-730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-407]


[[Page Unknown]]

[Federal Register: January 6, 1994]


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DEPARTMENT OF AGRICULTURE
Forest Service

 

Environmental Impact Statement for the Mad River Water Withdrawal 
and Sugarbush South Snowmaking and Trail Improvement Project; Green 
Mountain National Forest; Towns of Warren and Fayston; Washington 
County, VT

AGENCY: Forest Service, USDA.
    The Forest Service is the lead agency for preparing the 
Environmental Impact Statement. The U.S. Army Corps of Engineers, U.S. 
Environmental Protection Agency, and U.S. Department of Interior--Fish 
and Wildlife Service are cooperating agencies.

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 a Draft and Final Environmental Impact Statement to determine 
whether to authorize additional snowmaking capability and trail 
improvements at the Sugarbush South Ski Area as proposed by Snowridge, 
Inc. Authorization of the trail improvements and snowmaking would 
implement a portion of the Master Development Plan for the Sugarbush 
Valley Winter Sports Area, approved on July 14, 1983. The proposed use 
and activities are consistent with the Land and Resource Management 
Plan for the Green Mountain National Forest and the current Special Use 
Permit for operation of the Sugarbush Ski Resort. Authorization would 
require an amendment to the Master Development Plan for the Sugarbush 
Valley Winter Sports Area so that the Master Development Plan 
identifies the water source for snowmaking and the schedule for water 
withdrawal. The Master Development Plan would also be amended to 
accurately show the approved trail configuration and anticipated 
development schedule.
    Sugarbush is a winter sports complex operated by Snowridge, Inc. 
and located on both private lands and National Forest System lands. 
There are about 2,100 acres at Sugarbush South, the area where this 
project is proposed. Of that 2,100 acres, about 1825 acres are National 
Forest System lands.
    The purpose of the actions proposed by Snowridge, Inc. is to 
improve the quality of winter sports recreation opportunities at 
Sugarbush South by installing snowmaking equipment and facilities that 
would provide coverage over at least 70% of the ski trails, and by 
constructing widening, and grading the trail system so that there is 
improved skier traffic flow and safety. Improved trail design would 
also offer a better mix of opportunities for novice, intermediate, 
advanced, and expert skiers.
    Additional snowmaking is needed because Sugarbush South currently 
has snowmaking coverage on only 38% of the ski trails. Natural snowfall 
is inconsistent and often inadequate during a typical Vermont winter. 
Predictable snow coverage is needed if Sugarbush is to consistently 
provide quality winter sports recreation opportunities, be attractive 
to skiers, and remain competitive with other major ski areas in New 
England. Increased snowmaking will also relieve skier traffic 
congestion problems and improve skier safety by providing more 
opportunities for skiers to disperse over many trails.
    Trail widening is needed so that snow grooming equipment can be 
used and to relieve ``bottle-necks'' where skiers merge. Trail 
construction is needed to improve inter-connections among trails, 
improve skier traffic flow, and increase the number of intermediate and 
advanced trails so that the variety of skier experiences available is 
better geared to families and groups made up of skiers with different 
ability levels.
    The proposed action is to: (1) Construct and operate a water 
withdrawal facility on the Mad River including a removable weir, a 
permanent Parshall flume and two intake structures; (2) Withdraw for 
snowmaking use an estimated 300-420 million gallons of water per year 
(the estimated average is 380 Million gallons per year) from the Mad 
River under a schedule which will prohibit withdrawals that would 
reduce flows to less than the February median flow rate (0.79 csm); (3) 
Construct and operate a 13-acre water storage pond located adjacent to 
the Mad River and having a capacity of approximately 55 to 60 million 
gallons; (4) Construct and operate pumping facilities adjacent to the 
water storage pond; (5) Construct a 15 foot wide, 1,800 foot long 
gravel access road from Highway 100 to the pond site; (6) Construct and 
operate about 3.3 miles of buried 16-inch pipeline to transport water 
from the storage pond to the snowmaking facilities at Sugarbush South; 
(7) Construct and operate a new snowmaking facility located in the 
vicinity of the existing vehicle maintenance shop. This is a building 
housing the pumps, compressors, and control system used for snowmaking; 
(8) Install approximately 90,000 feet of buried pipelines and hydrants 
along 24 trails at Sugarbush South and operate for snowmaking; (9) Use 
water from the Mad River source and the existing source on Clay Brook 
for snowmaking on an additional 157 acres of ski trails; and (10) Widen 
24 trails, widen 2 lift lines, construct 6 new trails, and grade 
several existing trails. Total widening and trail construction will add 
100 acres of skiable terrain.
    Both the Forest Service and the U.S. Army Corps of Engineers have 
decisions to make with respect to the proposal. The Forest Service must 
decide whether to authorize the project under the Special Use Permit 
and whether to approve amendments to the Master Development Plan for 
the Sugarbush Valley Winter Sports Area. The U.S. Army Corps of 
Engineers must make a decision as to whether to issue a permit under 
Section 404 of the Clean Water Act to authorize the Mad River water 
withdrawal structures, holding pond, access road and fill.
    The purpose of the Environmental Impact Statement is to determine 
the environmental effects of the proposed action and of any reasonable 
alternatives actions that would also achieve the purpose and need while 
addressing significant issues raised through public comment and agency 
review.
    The alternatives may include any combination of feasible water 
withdrawal sources; water storage sites; and water withdrawal schedules 
on source rivers or brooks as long as those alternatives would achieve 
the purpose and need for this proposal while addressing significant 
issues that are identified during the analysis. Alternatives may 
include different trail configurations if significant concerns are 
raised about the trail improvements being proposed. The analysis will 
include a discussion of cumulative effects of all water withdrawals in 
the area affected by this proposal, including the current withdrawal at 
Clay Brook, the proposed withdrawal on Mad River, and any alternative 
water withdrawals that are identified.
    This Environmental Impact Statement and analysis will not 
reconsider the overall development plans for the Sugarbush Valley 
Winter Sports Areas as described in the Master Development Plan 
approved on July 14, 1983. Forest Supervisor Terry Hoffman completed a 
review of that Master Development Plan on September 30, 1993. The 
Forest Supervisor determined that there is no need to change the 
overall development plan or supplement the 1983 Environmental Impact 
Statement that was prepared in support of that Plan, except for 
specific amendments to the Master Development Plan associated with the 
proposal from Snowridge Inc. to use the Mad River as a water source for 
snowmaking, increase the volume of water used for snowmaking, and 
revise the trail map (or the alternative to this proposal as selected 
by the Forest Service). Those specific amendments are the focus and 
scope of the Environmental Impact Statement that will be prepared.
    The purpose of this Notice is to inform you that the Forest 
Service, with assistance from the U.S. Fish and Wildlife Service, U.S. 
Environmental Protection Agency, and U.S. Army Corp of Engineers is 
soliciting your comments and concerns about this proposed action.
    The environmental analysis and decision-making process will include 
opportunities for public participation and comment so that people 
interested in this proposal may contribute to the final decision.
    The Forest Service will host an open house to be held at the 
Waitsfield Elementary School, Waitsfield, Vermont, from 6:00 PM to 8:00 
PM on Monday January 24, 1994. The purpose of this open house is to 
discuss and answer questions about the project proposal, the analysis 
process that will be conducted by the Forest Service and cooperating 
agencies, and the ways that people can best participate in the analysis 
and decision-making process.
    Public participation will be welcome throughout the analysis, but 
is especially important at two points. The first point is during the 
scoping process (40 CFR 1501.7). The agency is now seeking written 
comments and suggestions on the scope of the analysis. Comments 
relevant to scoping include: (1) identifying potential issues, (2) 
identifying those issues to be analyzed in depth, (3) eliminating 
insignificant issues or those which have been covered by a previous 
environmental analysis, (4) identifying additional alternatives to the 
proposed action that should be considered, (5) identifying potential 
environmental effects of the proposed action and alternatives, and (6) 
determining task assignments among the lead and cooperating agencies. 
General notice to the public concerning the scope of the analysis will 
be provided by mailings, news releases and/or public meetings. The 
second point when public participation is most important is during the 
public comment period on the Draft Environmental Impact Statement.

DATES: Comments related to the scope of the analysis should be received 
by February 18, 1994 to ensure timely consideration.

ADDRESSES: Submit written comments and suggestions related to the scope 
of analysis to Terry Hoffman, Forest Supervisor, Green Mountain 
National Forest, 231 N. Main Street, Rutland, VT 05701.

FOR FURTHER INFORMATION CONTACT:
Direct questions about the proposed action and EIS to Sam Emmons, Green 
Mountain National Forest, 231 N. Main Street, Rutland, VT 05701, (phone 
802-747-6757).

SUPPLEMENTARY INFORMATION: Sugarbush is a winter sports area which has 
operated by Special Use Permit since 1958 on National Forest System 
lands administered by the Green Mountain National Forest. Most of the 
base lodge facilities are on provide lands, but some of the base 
facilities and many of the lifts and trails are located on National 
Forest System lands. Sugarbush encompasses about 6,000 acres, of which 
a little over 1,825 acres are on National Forest System lands at 
Sugarbush South (about 30%).
    Sugarbush operates in accordance with the Master Development Plan 
for the Sugarbush Valley Winter Sports Area, which was approved by the 
Forest Service on July 14, 1983. Specific operations on National Forest 
System lands are authorized under a Special Use Permit issued by the 
Forest Service on December 9, 1988.
    The proposed action is consistent with the long-range goals for 
this area as defined in the Land and Resource Management Plan for the 
Green Mountain National Forest. That Forest Plan was approved on 
January 15, 1987. Under that Forest Plan, the area encompassed by the 
Suguarbush Ski Area is assigned to management under prescription 7.1A. 
This management prescription emphasizes highly developed areas, 
including downhill ski areas. The purpose of prescription 7.1A is to 
provide opportunities for recreation requiring highly developed 
structures and facilities, maintain a visually appealing landscape, and 
manage for other resources and uses in a compatible way. The Forest 
Service does not anticipate the need for any amendments to the Land and 
Resource Management Plan as a result of this snowmaking proposal.
    On September 30, 1993, the Forest Service completed a review of an 
Environmental Impact Statement completed in 1983 and the Master 
Development Plan which was approved based on that Environmental Impact 
Statement. Based on that review, the Forest Supervisor determined that 
there was no need to supplement the 1983 Environmental Impact Statement 
or revise the Master Development Plan except for amendments to the 
Master Development Plan that may result from the analysis of the Mad 
River water withdrawal proposal.
    Four amendments to the Master Development Plan would likely be 
required if the project proposal is approved: (1) Identify the Mad 
River as a source of water for snowmaking; (2) Identify the anticipated 
schedules and volumes for water withdrawal and any restrictions or 
requirements related to snowmaking water withdrawal; (3) Revise the 
Master Development Plan trails map so that it accurately displays the 
approved trail configuration for Sugarbush South; and (4) Update the 
Development Schedule (Appendix C in the Master Development Plan) so 
that it shows current estimates of completion dates for each phase of 
the previously approved development at Sugarbush.
    The proposed snowmaking facilities, trail widening, construction, 
and improvement, and the actual snowmaking itself, would be located on 
National Forest System land operated under special use permit. Approval 
of these actions which would occur on National Forest System lands 
requires Forest Service authorization under the Special Use Permit.
    The Department of the Army permit program is authorized by section 
10 of the Rivers and Harbors Act of 1899, section 404 of the Clean 
Water Act, and section 103 of the Marine Protection Research and 
Sanctuaries Act. These laws require permits authorizing activities in 
or affecting navigable waters of the United States, the discharge of 
dredged or fill materials into waters of the United States, and the 
transportation of dredged material for the purpose of dumping it into 
ocean waters. The Corps must make a decision as to whether to issue a 
section 404 permit for activities associated with the Mad River water 
withdrawal. These activities include water withdrawal structures, 
holding pond, access road, and fill. The proposed water withdrawal 
site, storage pond, access road and most of the pipeline to the 
snowmaking facility would be located on private lands.
    Several permits, certificates, or authorizations through the review 
processes established for the State of Vermont are also required to 
implement the proposed action. The District Environmental Commission 
must issue permits under the State of Vermont's Act 250 for various 
phases of the project. A 401 Certificate must be issued by the State 
Division of Water Quality. A Dam Permit must be issued by the State 
Agency of Natural Resources. At this time, all permits or 
authorizations required by the State of Vermont have been granted, 
except for one Act 250 permit to approve the trial improvements.
    Until a Record of Decision based on this EIS is issued, the 
Sugarbush Ski Area will continue to be managed according to the terms 
and conditions of the Land and Resource Management Plan for the Green 
Mountain National Forest, the Master Development Plan for the Sugarbush 
Valley Winter Sports Area, and the Special Use Permit.
    A range of reasonable alternatives to the proposed action will be 
considered in the analysis. Reasonable alternatives are those which 
fulfill the purpose and need for the proposals and address significant 
issues that are identified during the scoping process. The analysis may 
include an evaluation of feasible alternative water sources or storage 
sites which could be used either separately or in combination to meet 
snowmaking objectives while reducing or avoiding impacts to the aquatic 
environment. Only one specific alternative to the proposed action has 
been identified at this time. That is the ``no action'' alternative. If 
the ``no action'' alternative were selected, the proposed project would 
not take place at this time. Other alternatives will be developed based 
on the results of scoping.
    The analysis will address major issues and concerns about the 
proposed action and alternatives and will disclose the direct and 
indirect impacts related to those issues. The following tentative 
issues have been identified: (1) Impacts to wetlands and floodplains; 
(2) Impacts to waterways; (3) Impacts to cultural resource; (4) Impacts 
to streams from increased snowpack and runoff; (5) Impacts to 
fisheries; (6) Effect on the suitability of the Mad River for inclusion 
in the national system of Wild and Scenic Rivers; (7) Effect on 
recreation opportunities, specifically skiing and winter sports at 
Sugarbush South; (8) Effects on visual quality, and (9) Impacts to the 
local economy.
    The Draft Environmental Impact Statement is expected to be filed 
with the Environmental Protection Agency and to be available for public 
review in the summer of 1994. At that time, the Environmental 
Protection Agency will publish a Notice of Availability in the Federal 
Register.
    The comment period on the draft environmental impact statement will 
be 45 days from the date the Environmental Protection Agency publishes 
the Notice of Availability in the Federal Register.
    The Forest Service believes it is important to give reviewers 
notice at this early stage of several court rulings related to public 
participation in the environmental review process. First, 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 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 statement stage but that are not raised 
until after completion of the final environmental impact statement may 
be waived or dismissed by the courts. 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 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 or 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 of 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 agency 
in preparing the Final Environmental Impact Statement.
    The Final Environmental Impact Statement is scheduled to be 
completed and available to the public approximately 5 months following 
the close of the review period for the Draft Environmental Impact 
Statement. The responsible Forest Service official will document the 
decision and the reasons supporting it in a Record of Decision. That 
decision will be subject to appeal pursuant to 36 CFR part 215.
    A separate decision will be made by the U.S. Army Corps of 
Engineers concerning the issuance of permits under section 404 of the 
Clean Water Act.
    The Forest Service official responsible for approving the proposed 
action is Terry Hoffman, Forest Supervisor, Green Mountain National 
Forest, 231 North Main Street, Rutland, VT 05701.

    Dated: December 21, 1993.
Terry W. Hoffman,
Forest Supervisor.
[FR Doc. 94-407 Filed 1-5-94; 8:45 am]
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