[Federal Register Volume 60, Number 187 (Wednesday, September 27, 1995)]
[Notices]
[Pages 49826-49827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23704]



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DEPARTMENT OF AGRICULTURE
Forest Service


Upper Ocoee River Recreation Management, Ocoee Ranger District, 
Cherokee National Forest, Polk County, TN

AGENCY: Forest Service, USDA.

ACTION: Notice of Intent to Prepare an Environmental Impact Statement.

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SUMMARY: The Forest Service will prepare an environmental impact 
statement on a proposed action to construct and administer new 
dispersed and developed recreational facilities in the upper Ocoee 
River Corridor. Included in the analysis and decision making process is 
the future management of the facilities being constructed for pre-
Olympic and Olympic events in connection with the 1996 Olympic Slamlom 
Canoe and Kayak events.

    The Forest Service, Tennessee Valley Authority (TVA), and State of 
Tennessee Department of Environment and Conservation (State hereafter) 
jointly manage commercial and noncommercial recreational use on 
sections of the lower Ocoee River, the management of which is not part 
of this analysis. The Forest Service is the lead agency responsible for 
preparing the environmental impact statement, since the focus of the 
analysis centers on lands administered by the Cherokee National Forest. 
The Tennessee Valley Authority will participate as a cooperating agency 
in the environmental analysis. TVA has responsibility for providing 
approval under section 26a of the TVA Act for construction of water use 
facilities and for managing water flows within the Ocoee River 
watershed for power generation. The State of Tennessee has a strong 
interest in the Ocoee Region and will provide valuable resource 
information during the environmental analysis.
    The Forest Service gives notice and invites comment on the scope of 
the environmental analysis and decisionmaking process. This will ensure 
that interested and affected individuals, groups, organizations, and 
agencies have the opportunity to participate in and contribute to the 
environmental analysis and decision making process.

DATES: Comments should be received by November 6, 1995, to ensure 
timely consideration.

ADDRESSES: Send written comments to Dave Carroll, Future Use Team 
Leader, Cherokee National Forest, P.O. Box 2010, Cleveland, TN 37320.

FOR FURTHER INFORMATION CONTACT:
Dave Carroll, NEPA Coordinator, (423) 476-9700.

SUPPLEMENTARY INFORMATION: On March 23, Forest Supervisor John F. Ramey 
signed a Record of Decision (ROD) authorizing the construction of the 
Olympic Canoe and Kayak Slalom Venue on the Ocoee River within the 
Cherokee National Forest. The venue which is still under construction 
consists of a 1700 foot competitive channel, a 7600 square foot 
administrative building and two bridges across the Ocoee River. The ROD 
did not make a decision concerning the use of the venue site beyond the 
Olympic games because of uncertainties connected with water 
availability. As a cooperating agency, TVA issued its own ROD on May 
18, 1994 granting 26a approval for construction of the venue and other 
facilities within the 100 year floodplain and authorizing water release 
for pre-Olympic and Olympic events. At the time both RODs were signed, 
it was recognized that the facilities could possibly be used for 
athlete training, future competitive events and general recreational 
use. However, any proposed use of the facilities beyond the 1996 
Olympic games would require additional environmental analysis.

    In addition to the recreational aspects of the Venue, there are 
additional opportunities in the Upper Ocoee River corridor for 
recreational development. The existing recreational facilities within 
the lower Ocoee River corridor are approaching maximum use capacity. 
The growing public demand for recreational areas requires facilities 
that will provide quality developed and dispersed recreational 
opportunities while protecting the natural beauty and resources of the 
area. Use on the lower Ocoee so far this summer is thirty percent 
greater than for the same period in 1994. Over 230,000 people have used 
the services of commercial outfitters and an estimated 30,000 
recreational boaters have paddled the lower Ocoee. Forest Service 
developed swimming areas and campgrounds are heavily used. Parking 
areas are generally filled to overflowing and pullouts along U.S. 
Highway 64 are heavily used for parking. There is high demand for 
water-based recreational access to the deep, blue-green pools that 
occur within the upper Ocoee River channel. This area is used by local 
residents as well as tourists. DECISIONS TO BE MADE: The following 
decisions are to be made upon completion of the environmental analysis 
by the Forest Service and TVA. The decisions to be made by the Forest 
Service are:
    1. Whether to construct additional dispersed and developed 
recreation facilities and if facilities are developed, where they will 
be located. Facilities include trails, picnic areas, campgrounds, river 
access roads or tails, and launch facilities for kayakers, canoers, 
tubers, and rafters.
    2. Whether commercial outfitting and associated facilities such as 
parking areas, change houses, and put-ins and take-outs will be allowed 
on National Forest System lands.
    3. Whether to allow future competitive use of the Olympic venue 
(venue includes all facilities constructed for the Olympic competition) 
and under what conditions any such use would be allowed.
    The decisions to be made by TVA are:
    1. Whether to provide section 26a approval of proposed facilities.
    2. Whether to provide water releases on the Upper Ocoee for post 
Olympic competitive, recreational and/or commercial uses of the river.

Scoping

    Preliminary scoping between TVA and Forest Service personnel has 
identified the following preliminary issues related to development of 
the upper Ocoee River:
    1. What are the appropriate opportunities within the upper river 
corridor;
    2. What are the effects of additional recreational use within the 
upper Ocoee corridor on the adjacent Little Frog Wilderness and the 
wilderness experience;
    3. What are the short-term and long-term effects of increased 
recreational development on the local and regional demographics and 
economies;
    4. What are the effects of increased visitation on river 
management, commercial outfitters, private users, and natural and 
heritage resources within the river corridor;
    5. What impact will increased development have on fish and wildlife 
habitat especially, threatened and endangered species;
    6. How will water quality be affected by increased visitation and 
by scheduled water releases;
    7. What impact will increased demand for downstream recreational 
water have on upstream reservoirs;
    8. What are the effects on the complexity and cost of TVA's water 
management and power generation 

[[Page 49827]]
systems of scheduled water releases from Dam Number 3;
    9. Will scheduled water releases into the Ocoee River channel 
between Dam Number 3 and Dam Number 2 impact the re-establishment of 
aquatic life in this section of river and if so will this affect 
operation of TVA's Toccoa/Ocoee River power generation operations; and
    10. How will transportation facilities in the general area be 
affected.
    In preparing the environmental impact statement, a range of 
alternatives will be considered to meet the purpose and need for the 
proposed action including at a minimum, the proposed action and the no 
action alternatives. Additional alternatives may be developed to 
address significant issues received during the scoping process. The EIS 
will disclose the direct, indirect, and cumulative effects of 
implementing each of the alternatives.
    Development of recreation opportunities may impact the floodplain 
of the Ocoee River. Consonant with Executive Order 11988, Floodplain 
Management Guidelines, the environmental impact statement will analyze 
and disclose impacts to floodplains and the potential effects of 
facility construction within the Ocoee River floodplain.
    Public participation will be especially important at several points 
during the analysis process. The first point in the analysis is 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 which have been 
covered by a relevant previous environmental analysis,
    (4) Exploring additional alternatives, and
    (5) Identifying potential environmental effects (i.e., direct, 
indirect, and cumulative) of the alternatives.
    The Forest Service is seeking information, comments, and assistance 
from Federal, State and local agencies, and other individuals or 
organizations who may be interested in or affected by the proposal. 
This information will be used in the preparation of the draft 
environmental impact statement. Notification letters will be sent to 
all known interested and/or affected parties and the media to solicit 
public participation.
    Public briefings will be held to provide information and to gather 
issues and concerns on the proposed action. When the dates and 
locations of workshops have been determined, this information will be 
made known through local media, direct contact with known interested 
publics, and direct mailings.
    The draft environmental impact statement is expected to be filed 
with the Environmental Protection Agency (EPA) and to be available for 
public review by March 1996. At that time, EPA will publish a notice of 
availability of the draft environmental impact statement 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, 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 March 1996, 
reviewers 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, Supp. 1334 (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 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, considered, and responded to 
by Agencies in preparing the final environmental impact statement. The 
final environmental impact statement is scheduled to be completed by 
June 1996.
    The responsible official will consider the comments, responses, and 
environmental consequences disclosed in the final environmental impact 
statement, and applicable laws, regulations, and policies in making a 
decision regarding this proposal. The responsible official will 
document the decision made and reasons for the decision in a Record of 
Decision.
    The responsible official is John F. Ramey, Forest Supervisor, 
Cherokee National Forest, P.O. Box 2010, Cleveland, TN 37320.

    Dated: September 8, 1995.
John F. Ramey,
Forest Supervisor.
[FR Doc. 95-23704 Filed 9-26-95; 8:45 am]
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