[Federal Register Volume 59, Number 188 (Thursday, September 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24090]


[[Page Unknown]]

[Federal Register: September 29, 1994]


                                                   VOL. 59, NO. 188

                                       Thursday, September 29, 1994

DEPARTMENT OF AGRICULTURE

Forest Service

 

Kerry and Caren Kennedy Road Right-of-Way; San Bernardino 
National Forest San Bernardino County, California; Intent To Prepare an 
Environmental Impact Statement

    The Department of Agriculture, Forest Service, will prepare an 
Environmental Impact Statement (EIS) for the proposed road right-of-way 
for Kerry and Caren Kennedy. Two environmental assessment (EA) 
documents were prepared; the first dated August 4, 1993, and the second 
dated December 23, 1993. There were four alternatives considered but 
none could be selected because of impacts on California spotted owls. 
The mitigation measures considered in the documents left uncertainty as 
to whether a finding of no significant impacts could be made.

proposed action: The land, for which permanent access is sought, is 
owned by the proponents, Kerry and Caren Kennedy. This project and 
their land are located within the San Gorgonio Ranger District of the 
San Bernardino National Forest. The Kennedy's require this access to 
enable them to build three to four residences on their land. The 
project involves approximately \3/4\-mile of road reconstruction and 
less than \1/8\-mile of new road construction across National Forest 
System lands. The Kennedy's property lies in the upper end of a box 
canyon with steep side walls. Generally, the developable portion of the 
property lies in and adjacent to the flood plain of Mill Creek. The 
only reasonable access is via National Forest System lands. Currently, 
the Kennedy's have a temporary right-of way permit. A portion of the 
roadbed covered by the temporary permit is in the flood plain. The 
range of alternatives will consider the level of road improvements 
necessary to provide permanent access for residential development. The 
EIS will be prepared pursuant to the National Environmental Policy Act 
(NEPA), 42 U.S.C., Sec. 4332(2)(C), the National Forest Management Act 
(NFMA), 16 U.S.C., Sec. 1604(i), Alaska National Interest Lands 
Conservation Act (ANILCA), 16 U.S.C. Sec. 3210, and applicable 
regulations implementing these laws.

possible alternatives: Four alternatives were developed for detailed 
consideration. Alternative 1, was the ``no action'' alternative, which 
is no change in the existing road. Alternative 2, is the proposed 
action of upgrading and realigning Falls Road. Alternative 3, considers 
grading and paving the existing road without widening or otherwise 
improving it. Alternative 4, is similar to Alternative 2, in that it 
would also relocate segments of the existing road and widen it, but 
would only use a gravel, not paved, roadbed.

issues identified: Environmental issues which will be analyzed will be 
limited to the individual and cumulative impacts of the proposed 
development on the habitat of California spotted owls. The other 
previously considered issues outlined in the environmental assessment 
will not be reconsidered during this analysis, except as they are 
associated with the impacts on spotted owls.
    The Draft EIS is expected to be available for public review by 
November 30, 1994. The comment period on the draft environmental impact 
statement will be 45 days from the date the Environmental Protection 
Agency publishes the notice of its 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 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. 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. The final Environmental Impact Statement is expected to 
be available about March 15, 1995.

dates: Comments are requested on this notice concerning the scope of 
analysis of the draft SEIS. Comments must be received on or before 
October 31, 1994.

public scoping: The Forest Service has previously conducted public 
scoping on this proposal and no additional public scoping, beyond this 
notice, is planned.

addresses: Submit written comments and suggestions concerning the scope 
of the analysis for the Kerry and Caren Kennedy road right-of-way 
proposal to Gene Zimmerman, Forest Supervisor, San Bernardino National 
Forest, 1824 S. Commercenter Circle, San Bernardino, CA 92408-3430.

for further information contact: Direct questions about the proposed 
action and preparation of the EIS of Hal Seyden, Planning Program 
Leader, San Bernardino National Forest, 1824 South Commercenter Circle, 
San Bernardino, CA 92408-3430 or call (909) 884-6634, extension 3160.

responsible official: Because the proposed action may violate regional 
direction to protect all spotted owls, the responsible official is 
Regional Forester G. Lynn Sprague, Pacific Southwest Region, 630 
Sansome Street, San Francisco, CA 94111.

    Dated: September 21, 1994.
Gene Zimmerman,
Forest Supervisor.
[FR Doc. 94-24090 Filed 9-28-94; 8:45 am]
BILLING CODE 3410-11-M