[Federal Register Volume 69, Number 34 (Friday, February 20, 2004)]
[Notices]
[Pages 7905-7907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3677]


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DEPARTMENT OF AGRICULTURE

Forest Service


Notice of Intent To Prepare an Environmental Impact Statement

AGENCY: Forest Service, Rio Grande National Forest, USDA.

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

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SUMMARY: The USDA Forest Service (FS), Rio Grande National Forest will 
prepare an environmental impact statement (EIS) on the submission of an 
Application For Transportation and Utility Systems and Facilities on 
Federal Lands (Application) by the Leavell-McCombs Joint Venture. This 
Application, if authorized, would permit a perpetual easement for year-
round permanent road access, obtain or modify utility easements, and 
modify easement terms for Alberta Lake access for the proposed Village 
at Wolf Creek (Village). The Village is a resort community proposed for 
construction and operation solely within 287.5-acres of privately owned 
land located entirely within the Rio Grande National Forest adjacent to 
Wolf Creek Ski Area. The road would cross national forest lands from 
Colorado State Highway 160 to the Village's private in-holdings. 
Similarly, the utilities easements would cross FS land to provide the 
necessary infrastructure to serve the future Village residents and 
businesses. The modification of the existing private lands easement 
terms for Alberta Lake access is proposed to better accommodate the 
Village design and to create improved public access to national forest 
lands. Without the permanent road easement and utilities easements the 
Village could not be accessed nor supplied with the necessary 
infrastructure to support its' construction or operation.

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     The FS invites written comments and suggestions on the scope of 
the analysis. The FS also hereby gives notice of the environmental 
analysis and decision-making process that will occur on the proposal so 
interested and affected people are aware of how they may participate 
and contribute to the final decision.

DATES: Comments concerning the scope of the proposed project must be 
received no later than April 5, 2004.

ADDRESSES: Send written comments to Mr. Stephen Brigham, NEPA 
Coordinator, USDA-FS, Rio Grande National Forest, Divide Ranger 
District, 13308 West Hwy 160, Del Norte, CO 81132. Electronic mail (e-
mail) may be sent to [email protected] and a Fax may be sent to (719) 
657-6035.

FOR FURTHER INFORMATION CONTACT: Stephen Brigham, NEPA Coordinator, 
Divide Ranger District, (719) 657-3321. Refer to Supplementary 
Information regarding public disclosure of submitted comment 
information.

SUPPLEMENTARY INFORMATION: The Wolf Creek Ski Area and the general 
Mineral County area are not served by lodging facilities or overnight 
accommodations on the mountain at Wolf Creek Ski Area. The nearest 
lodgings are near South Fork or Pagosa Springs, CO, which are more than 
a 20-minute drive east or west at the base of Wolf Creek Pass. Approval 
of the Application would result in the ultimate construction and 
operation of the Village. The Village would provide for year-round 
guest accommodations and services adjacent to the ski area on the 
287.5-acre site.
     On May 14, 1987, the FS conveyed to the Leavell-McCombs Joint 
Venture 287.5-acres of property, the proposed location of the Village, 
in exchange for property in Saguache County, Colorado. The 287.5-acres 
is entirely surrounded by Federal lands; a condition that was 
recognized at the time the land exchange was approved. During the land 
exchange negotiations it was understood that the Leavell-McCombs Joint 
Venture would eventually develop the 287.5-acres for uses compatible 
with the existing Wolf Creek Ski Area and such development would be 
regulated by Federal, state, and Mineral County agencies with 
jurisdiction. As a condition of approval, the Regional Forester 
specifically required that the FS retain an easement to ``assure that 
development of the Federal land conveyed would be compatible with the 
Wolf Creek Ski Area. The Leavell-McCombs Joint Venture is now prepared 
to develop the Village on their 287.5-acre in-holding and requires road 
and utility access to the land.''
    The permanent road easement would allow the construction and 
operation of an all weather, year-round access road that would not 
exceed 2,350 feet in length or a width greater than 60 feet. The road 
would be constructed to FS specifications and approximately 30 feet in 
width. Vehicle traffic would consist of passenger vehicles, buses, and 
other vehicles and transport necessary to develop, construct, operate, 
and support the residents and businesses associated with the Village. 
The Application would also grant two 10-foot wide and two 20-foot wide 
permanent utility easements for the installation, operation, 
maintenance, repair, and replacement of electrical transmission lines 
and facilities; television cables, communication cables and lines, 
fiber optic lines, and other utilities as required to serve the 
Village. An additional component of the Application is an amendment to 
the easement granted to the FS for an alternative public access route 
to Alberta Lake.
     Proposed Action: The Leavell-McCombs Joint Venture has submitted 
an Application to the FS for approval. Application approval by the FS 
would grant a perpetual easement for the construction and permanent 
operation of a year-round all weather road, four permanent utility 
easements, and an alternative route across Village property for public 
access to Alberta Lake. Consequently, the 287.5-acres of Leavell-
McCombs Joint Venture lands would be available for development.
     The responsible Official is the Forest Supervisor, Rio Grande 
National Forest, 1803 West Highway 160, Monte Vista, CO 81132. The 
National Environmental Policy Act (NEPA) decision to be made by the FS 
official is whether or not to authorize the Application For 
Transportation and Utility Systems and Facilities on Federal Lands as 
proposed by the Leavell-McCombs Joint Venture, or alternatives to the 
proposed roadway and utilities easements. FS alternatives would include 
the No-Action Alternative, which in effect is a FS denial of the 
Application.
     The scoping process will include public meetings and interaction 
with various Federal, State, and local agencies. Information regarding 
the place and time of the public scoping meetings will be announced in 
area media, as well as posted on the FS Rio Grande National Forest 
Internet site [http//www.fs.fed.us./r2/riogrande/]. Scoping meetings 
are expected to occur during the week of March 15, 2004. Scoping 
meetings will be held in Creede, Pagosa Springs, and South Fork, CO. 
Additional public meetings will be held once the Draft EIS is available 
for review.
     Preliminary issues include the following:
     Impacts to the socioeconomic structure in the 
region.
     Impacts to water resources.
     Impacts to existing infrastructure (road 
capacities and power utilities and capacities).
     Impacts to terrestrial and aquatic habitats and 
species.
     Impacts to recreation use, as well as, the 
scenic resources associated with the area.
    In addition to evaluating these preliminary issues, the 
environmental evaluation will assess the potential effects from the 
proposed project on minority and low-income populations. The cumulative 
impacts of the FS decision are expected to be a substantial part of the 
impacts analysis.
    In addition to the FS Application, other agencies also have 
requirements to fulfill prior to implementation of the Proposed Action. 
Requirements include:
     Compliance with Section 7 of the Endangered 
Species Act that will entail the submission of a Biological Assessment 
to the US Fish and Wildlife Service.
     Compliance with Section 106 of the National 
Historic Preservation Act.
     Compliance with Section 404 of the Clean Water 
Act and obtaining a Nation Pollution Prevention Discharge Elimination 
System Permit.
     Final Plat approval for the Mineral County 
Public Utilities Department.

Comments Requested

    This Notice of Intent initiates the scoping process that guides the 
development of the EIS. The FS invites written comments and suggestions 
on the proposed action, including any issues to consider, as well as 
any concerns relevant to the analysis. In order to be most useful, 
scoping comments should be received within 45 days of publication of 
this Notice of Intent. Comments received in response to this notice, 
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. If you wish to withhold your name or street 
address from public review or from disclosure under the Freedom of 
Information Act (FOIA), you must state this prominently at the 
beginning of your written comment. Such requests will be honored to the 
extent allowed by law, but persons requesting such confidentiality 
should be aware that under the FOIA, confidentiality may be granted in 
only very limited

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circumstances, such as to protect trade secrets. The Forest Service 
will inform the requester 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 name and address within a 
specified number of days. All submissions from organizations and 
business, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, will be 
available for public inspection in their entirety. 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. Upon completion of the Draft EIS the 
document will be provided to the public for review and comment. 
Comments and FS responses will be addressed and contained in the Final 
EIS.

    Dated: February 13, 2004.
Peter L. Clark,
Forest Supervisor.
[FR Doc. 04-3677 Filed 2-19-04; 8:45 am]
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