[Federal Register Volume 59, Number 52 (Thursday, March 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6203]


[[Page Unknown]]

[Federal Register: March 17, 1994]


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DEPARTMENT OF AGRICULTURE
Forest Service

 

Vail Category III Ski Area Development; White River National 
Forest; Eagle County, CO

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) to disclose the effects of alternative plans for 
developing the Category III portion of Vail Ski Area. Vail Ski Area is 
located on the Holy Cross Ranger District of the White River National 
Forest and operates under a Forest Service special use permit.

DATES: Written comments concerning the preliminary assessment of the 
scope of the analysis, the issues, or the alternatives, should be 
received on or before April 1, 1994.

ADDRESSES: Send written comments to William A. Wood, District Ranger, 
P.O. Box 190, Minturn, CO 81645.

FOR FURTHER INFORMATION CONTACT:
Loren Kroenke, Project Manager, Holy Cross Ranger District. Ph. (303) 
827-5715.
    Responsible official: Veto J. LaSalle, Forest Supervior, White 
River National Forest.

SUPPLEMENTARY INFORMATION: Vail Ski Area operates on the White River 
National Forest, Holy Cross Ranger District, and is located about 100 
miles west of Denver, Colorado. The Category III area encompasses the 
upper (eastern) portion of the Two Elk Creek watershed and comprises 
the southern extent of the special use permit boundary. It is 
approximately 4,000 acres in size.
    The proposal consists of two parts. The first includes a request to 
construct 3 ski lifts, one restaurant, 2 picnic facilities, and provide 
about 1,000 acres of lift-accessed ski terrain. The ski terrain would 
be composed of about equal portions of existing open bowls, gladed 
trails through trees, and traditional runs cut in more dense, forested 
areas. A system of service road/ski-ways would be constructed to 
circulate skiers and provide construction and maintenance access. The 
area is currently closed to public motorized use and would remain so.
    In the second part of the proposal, Vail Associates, Inc. has 
proposed construction of lift in a mostly developed portion of the ski 
area called Tea Cup Bowl. Construction of several ski trails and a 
short section of road would also be associated with the Tea Cup lift. 
For both the Category III and Tea Cup projects, implementation is 
proposed to begin 1995 and would span several summers.
    The proposed project is consistent with prior agency decisions and 
plans. The area is included in the Rocky Mountain Regional Guide (1983, 
Revised May 1992) as a Category 1 priority for future ski area 
development study. The 1984 White River National Forest Land and 
Resource Management Plan EIS and Record of Decision allocated this area 
to management emphasizing developed alpine skiing. Finally, an 
Environmental Assessment prepared in 1986 examined a proposed Master 
Development Plan for the entire Vail Ski Area. In the Decision Notice 
approving this Master Development Plan, the Forest Service authorized 
additions to the permit boundary and provided site-specific approval 
for construction of developments on much of the special use permit 
area. However, the Decision Notice required further environmental 
analysis for the Category III area following submission of a detailed 
development plan.
    The proposed action is intended to improve existing ski conditions 
at Vail Ski Area, address skier preferences for bowl and gladed skiing 
opportunities, and better distribute skiers, particularly during the 
critical Christmas to New Year's Day period and when unfavorable 
weather or snow conditions prevail in the existing Back Bowls. As well, 
action is needed to respond to a request which would implement previous 
land allocation decisions.
    Public participation will be fully incorporated into preparation of 
the EIS. The first step is the scoping process during which the Forest 
Service will seek information, comments, and assistance from Federal, 
State, and local agencies, and other individuals or groups who may be 
interested or affected by this action. This information will be used in 
preparation of the EIS. Scoping includes inviting participation, 
determining the project's scope, and identifying potential issues. The 
public will also be invited to participate in developing the 
alternatives and identifying and reviewing the potential environmental 
effects of the proposed action and its alternatives.
    Preliminary issues associated with this proposal include effects 
relating to elk habitat, habitat for North American lynx, biological 
diversity, non-motorized recreation, wetlands, water quality, 
maintaining quality skiing opportunities, and the demand for additional 
skiing opportunities. As well, there are concerns regarding parking and 
transportation in the Town of Vail. The process will examine these and 
other issues. This analysis will focus on key issues and eliminate from 
detailed study insignificant issues or those which have been addressed 
in previous environmental review.
    Alternatives will be developed and examined which respond to the 
significant issues and which are consistent with the purpose and need 
for the action. Tentatively, the alternatives include the applicant's 
proposal (described above) and No Action, which assumes that no 
development will be allowed. Additional preliminary alternatives 
include: the proposal outlined in Vail's 1985 Master Development Plan, 
which included additional trail development and a modified version of 
Vail's current proposal which would include less trail development. 
These alternatives will be modified as a result of public scoping. In 
the EIS, the direct and indirect effects of each of the alternatives, 
together with effects of past, present, and reasonably foreseeable 
future actions will be evaluated.
    The lead Agency in the preparation of the EIS is the Forest 
Service. The process will also include consideration of designating 
cooperating agencies. Among those who may become cooperating agencies 
are the U.S. Army Corps of Engineers and the U.S. Fish and Wildlife 
Service. Implementation of this proposal may require a permit from the 
U.S. Army Corps of Engineers under Section 404 of the Clean Water Act.
    The Forest Service anticipates the Draft EIS will be filed in the 
Fall of 1994, and the Final EIS in the Spring of 1995. The comment 
period on the Draft EIS will be 60 days from the date the Environmental 
Protection Agency 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. 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 reviewers 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. 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 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.

    Dated: February 25, 1994.
Veto J. Lasalle,
Forest Supervisor.
[FR Doc. 94-6203 Filed 3-16-94; 8:45 am]
BILLING CODE 3410-11-M