[Federal Register Volume 68, Number 188 (Monday, September 29, 2003)]
[Notices]
[Pages 55934-55935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24505]



[[Page 55934]]

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DEPARTMENT OF AGRICULTURE

Forest Service


Development of Boat Ramp and Associated Structures at Caney Creek

AGENCY: Forest Service, USDA.

ACTION: Notice of Intent to prepare an environmental impact statement.

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SUMMARY: 

    Authority: The Forest Service is publishing this Notice of 
Intent pursuant to the Council on Environmental Quality implementing 
regulations of the National Environmental Policy Act at 40 CFR 
1501.7.

DATES: Comments concerning the scope of this analysis should be 
received by October 31, 2003.
    Send comments to: Submit written comments to James D. Manner, 
Daniel Boone National Forest, 2375 KY 801 South, Morehead, KY 40351 or 
via electronic mail at [email protected]. Please include the title of the project in the 
subject line if commenting electronically.

FOR FURTHER INFORMATION CONTACT: Jeffrey Lewis is the Interdisciplinary 
Team Leader for this proposed action. He can be reached by U.S. mail at 
the Morehead Ranger District, Daniel Boone National Forest, 2375 KY 801 
South, Morehead, KY 40351; by phone at (606) 784-6428; or by e-mail at 
[email protected].
    Lead Agency: USDA Forest Service, Daniel Boone National Forest.
    Cooperating Agency: None.
    Responsible Official: The District Ranger for the Morehead Ranger 
District, Daniel Boone National Forest, located at 2375 KY 801 South, 
Morehead, KY 40351, is the responsible official for this proposed 
action.
    Decision To Be Made: The responsible official will decide whether 
to approve the proposal, an alternative to the proposal, or no action. 
A determination will also be made whether the Forest Land and Resource 
Management Plan will need to be amended.

SUPPLEMENTARY INFORMATION: Need for the Proposal: The boat ramps 
located on the northern portion of Cave Run Lake experience 
overcrowding on most weekends over the course of the peak recreation 
season. This overcrowding causes user conflicts and delays in 
launching. Secondly, sail boaters comprise 5 percent of the users of 
the lake. Currently none of the existing ramps on the lake have 
facilities to accommodate the special needs of this group. Finally, a 
recreational development that included additional boat ramps, a lodge, 
and other facilities was proposed for private development when Cave Run 
Lake was constructed. This development has not been implemented since 
the lake was impounded. Private interests have cited the expense of 
providing adequate infrastructure to the area as the major barrier to 
the development of the site.
    Purpose of the Proposal: The proposal addresses all three of the 
listed needs for the area by developing a boat ramp with facilities 
designed to better serve sail boaters and to reduce crowding at other 
ramps on the lake. The location of the ramp would be in the area 
proposed for development when the lake was constructed. Water, electric 
and sewer service would be designed and installed to accommodate 
potential future development.
    Scoping Process: Project descriptions were mailed to approximately 
70 individuals and groups on September 12, 2003. No public meetings are 
planned for this project.
    Preliminary Issues: The following are preliminary environmental 
issues related to this proposal:
    1. The development of the access road and boat ramp have the 
potential to alter the hydrology of several stream head wetland seeps 
in the area potentially causing the seeps to dry up.
    2. The additional boat traffic allowed by the parking and launch 
access may result in overcrowding on the northern portions of the lake 
causing increased user conflict and reduced recreational satisfaction.
    3. The construction of the boat ramp in a previously undeveloped 
cove of the lake has the potential to change the use patterns of the 
area potentially increasing user conflict and displacing existing users 
of the area.
    Preliminary Alternatives: The following alternatives to the 
proposed project are being considered:
    1. No development of a boat ramp, access road, and infrastructure.
    2. Alteration of existing facilities to accommodate sail boaters 
and additional parking capacity with no development of infrastructure 
in the Caney Creek area.
    3. Development of infrastructure in the Caney Creek area with no 
development of additional facilities.
    Permits or Licenses Required: None.
    Estimated Dates for DEIS and FEIS: The DEIS is expected to be filed 
with the Environmental Protection Agency and to be available for public 
review and comment by June 2004. At that time, the Environmental 
Protection Agency (EPA) will publish a Notice of Availability (NOA) of 
the DEIS in the Federal Register. The comment period on the DEIS will 
be a minimum of 45 days from the date the EPA publishes the NOA 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 environment review process. Firstly, 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 position and concerns (Vermont Yankee Nuclear Power 
Corp. v. NRDC, 435 U.S. 519, 553 (1978)). Also, environmental 
objections that could be raised at the draft EIS stage, but are not 
raised until after completion of the final EIS, 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 project participate by the 
close of the scoping comment period, so that substantive comments are 
made available to the Forest Service at a time when the comments can be 
meaningfully considered and responded to in the final EIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft EIS should 
be as specific as possible. It is also helpful if comments refer to 
specific pages or chapters of the draft EIS. Comments may also address 
the adequacy of the draft EIS or the merits of the alternatives 
formulated and discussed in the draft EIS. 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 DEIS, the comments will be 
analyzed, considered, and responded to by the Forest Service in 
preparing the FEIS. The FEIS is scheduled for completion in August 
2004. The responsible official will consider the comments, responses, 
environmental consequences discussed in the FEIS, and applicable laws, 
regulations, and policies in making a decision regarding this proposed 
action.
    The responsible official will document the decision and reasons for 
the decision in a Record of Decision.

[[Page 55935]]

That decision will be subject to appeal in accordance with 36 CFR part 
215.

James D. Manner,
District Ranger, Morehead Ranger District, Daniel Boone National 
Forest.
[FR Doc. 03-24505 Filed 9-26-03; 8:45 am]
BILLING CODE 3410-11-M