[Federal Register Volume 63, Number 238 (Friday, December 11, 1998)]
[Notices]
[Pages 68426-68427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32951]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 63, No. 238 / Friday, December 11, 1998 / 
Notices  

[[Page 68426]]


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DEPARTMENT OF AGRICULTURE

Forest Service


Anthony Lakes Mountain Resort Master Development Plan Wallowa-
Whitman National Forest--Union, Baker and Grant Counties, Oregon

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare environmental impact statement.

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SUMMARY: The USDA Forest Service, will prepare an environmental impact 
statement (EIS) for Anthony Lakes Mountain Resort's (ALMR) proposed 
Master Development Plan (MDP). The proposed development includes 
construction of one new chairlift, relocation of the existing handle 
tow and replacement with a short chairlift, and construction of one new 
surface lift. In addition, the proposed MDP includes the addition of 
approximately 1.2 acres of ski terrain, renovation of the day lodge, 
construction of a small on-mountain food services facility, enlargement 
of parking areas by 2.4 acres, an addition to the maintenance shop, 
construction of a snowmobile rental and staging area, and other 
utilities and infrastructure required to support resort upgrades.
    The agency gives notice of the full environmental analysis and 
decision-making process that will occur on the proposal so that 
interested and affected people may become aware of how they may 
participate and contribute to the final decision.

DATES: Comments concerning the scope of the analysis should be received 
by January 11, 1999.

ADDRESSES: Send written comments concerning this proposal to Charles L. 
Ernst, District Ranger, 3165 10th Street, Baker City, Oregon 97814. 
Fax: 5(41) 523-1965.

FOR FURTHER INFORMATION:
Direct questions about the proposed action and EIS to Charles L. Ernst, 
District Ranger, 3165 10th Street, Baker city, Oregon 97814. Phone 
(541) 523-4476.

SUPPLEMENTARY INFORMATION: The proposed action would increase the year-
round recreational opportunities within the existing Special Use Permit 
Boundary (2,046 acres). Implementation of the proposed MDP would 
increase the Comfortable Carrying Capacity (CCC) from 600 Skiers-At-
One-Time (SAOT) to 1,200 SAOT.
    Presently, alpine skiing/snowboarding and other resort activities 
are provided to the public through a Special Use Permit (SUP) issued by 
the Forest Service and administered by the Wallowa-Whitman National 
Forest (WWNF).
    Purpose and Need: To resolve existing operational deficiencies at 
ALMR. To meet public expectations for quality recreational experiences 
through the improvements proposed at ALMR in the MDP.
    The purpose of the proposed action and alternatives considered is 
to equip ALMR with the necessary base area and on-mountain amenities to 
meet current and anticipated future demand for alpine recreation and 
the expectations of the skiing public on the WWNF at ALMR. The specific 
proposed improvements are oriented toward the rehabilitation of the 
resort by rectifying existing deficiencies and providing a resort-wide 
balance of capacities. In addition, the proposed action would provide 
financial stability and growth potential to ALMR, while respecting 
natural resources and other issues of importance to the Forest Service 
and the public, thereby insuring that ALMR provides the public with a 
quality recreational experience with the implementation of the MDP and 
into the future.
    Review and analysis of the relevant national and local market data 
indicate there is an ever-increasing level of customer awareness of 
quality, service, and value in the ski experience. Progressive ski 
areas have catered to the changing demands of the skier population by 
providing quality accommodations, a heightened service orientation, a 
refined, and technologically improved ski experience, and other 
recreational amenities. Ski areas that have invested in faster and more 
comfortable ski lifts, snowmaking capabilities, terrain expansion, and 
increased trail grooming have created higher expectation of quality and 
service among the skiing public. ALMR competes with other ski areas in 
the local and regional marketplace, the majority of which have recently 
made or are in the process of undertaking substantial facilities 
improvements. Conversely, declines in capital investment for facilities 
upgrades at ALMR have led to erosion of market share and may eventually 
lead to a decline in skier visitation. The need for the proposed action 
is generally demonstrated by the stagnation of skier visitation to ALMR 
over the past decade and evidence of significant export of skier visits 
to other ski resorts, particularly outside the local market. Stagnant 
visitation has occurred despite population growth in the local market 
area. On this basis, actions proposed under the MDP are necessary for 
ALMR to remain competitive, and to provide the level of customer 
service expected by the skiing public and the Agency.
    The Proposed Action: The proposed action would increase 
recreational opportunities within the existing SUP area (2,046 acres). 
Implementation of the proposed MDP would increase the CCC from 600 SAOT 
to 1,200 SAOT. The proposed development includes: construction of one 
new chairlift; replacement of the handle tow with a short chairlift; 
construction of one new surface lift; addition of approximately 1.2 
acres of ski terrain; expansion of the existing day lodge; construction 
of a small on mountain food service facility; seasonal use of a yurt 
(circular tent); snowmobile rental and staging facility to support 
ongoing public use of National Forest System lands to the north of the 
resort; a 2.4 acre expansion of parking areas; expansion of the 
maintenance facility and other utilities and infrastructure required to 
support the proposed MDP.
    Management Direction: The proposed MDP tiers to the Wallowa-Whitman 
National Forest Land and Resource Management Plan (Forest Plan) as 
amended. The ALMR SUP area is located within Management Area 16--
Administrative and Recreation Site Retention. Although alpine and 
downhill skiing are not directly addressed in the Forest Plan, 
pertinent direction is presented on pages 4-92 and 4-93. For a more 
detailed

[[Page 68427]]

description of Management Area 16, refer to the Forest Plan.
    Public Involvement: Public Involvement will be especially important 
at several points during the analysis, beginning with the scoping 
process. The Forest Service will be seeking information, comments, and 
assistance from Federal, State, local agencies, tribes and other 
individuals or organizations who may be interested in, or affected by 
the proposals. The scoping process includes:
    1. Identifying and clarifying issues.
    2. Identifying key issues to be analyzed in depth.
    3. Exploring alternatives based on themes which will be derived 
from issues recognized during scoping activities.
    4. Identifying potential environmental effects of the proposals and 
alternatives (i.e., direct, indirect, and cumulative effects and 
connected actions).
    5. Determining potential cooperating agencies and task assignments.
    6. Developing a list of interested people to keep apprised of 
opportunities to participate through meetings, personal contacts, or 
written comments.
    7. Developing a means of informing the public through the media 
and/or written material (e.g., newsletters, correspondence, etc.).
    Comments received in response to this solicitation, including names 
and addresses of those who comment, will be considered part of the 
public record on this proposed action and will be available for public 
inspection. Comments submitted anonymously will be accepted and 
considered; however, those who submit anonymous comments will not have 
standing to appeal the subsequent decision under 36 CFR Part 215 or 
217. Additionally, pursuant to 7 CFR 1.27(d), any person may request 
the agency to withhold a submission from the public record by showing 
how the Freedom of Information Act (FOIA) permits such confidentiality. 
Persons requesting such confidentiality should be aware that, under the 
FOIA, confidentiality may be granted in only very limited 
circumstances, such as to protest trade secrets. The Forest Service 
will inform the requestor of the agency's decision regarding the 
request for confidentiality, and where the request is denied, the 
agency will return the submission and notify the requester that the 
comments may be resubmitted with or without names and addresses within 
thirty (30) days.
    Public comments are appreciated throughout the analysis process. 
The draft EIS is expected to be filed with the Environmental Protection 
Agency (EPA) in October 1999 and will be available for public review at 
that time. The comment period on the draft EIS will be 45 days from the 
date the EPA publishes the Notice of Availability in the Federal 
Register. The final EIS is scheduled for completion in April of 2000.
    The Forest Service believes it is important to give reviewers 
notice of this early stage of public participation and of several court 
rulings related to public participation in the environmental review 
process. First, reviewers of the draft EIS must structure their 
participation in the environmental review of the proposal so that it is 
meaningful and alerts an agency to the reviewer's positions and 
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 
553 (1978). Also, environmental objections that could have been raised 
at the draft stage may be waived or dismissed by the court if not 
raised until after the completion of the final EIS. 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 comment period so 
substantive comments and objections are made available to the Forest 
Service at a time when it can meaningfully consider and respond to them 
in the final EIS.
    In the final EIS, the Forest Service is required to respond to 
substantive comments and responses received during the comment period 
that pertain to the environmental consequences discussed in the draft 
EIS and applicable laws, regulations, and policies considered in making 
a decision regarding the proposal. The responsible official is Karyn L. 
Wood, Forest Supervisor for the Wallowa-Whitman National Forest. The 
responsible official will document the decision and reasons for the 
decision in the Record of Decision. That decision will be subject to 
appeal under 36 CFR part 215 or part 251.

    Dated: December 2, 1998.
Kurt R. Wiedenmann,
Acting Forest Supervisor, Wallowa-Whitman National Forest.
[FR Doc. 98-32951 Filed 12-10-98; 8:45 am]
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