[Federal Register Volume 69, Number 125 (Wednesday, June 30, 2004)]
[Notices]
[Pages 39401-39402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14553]


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 Notices
                                                 Federal Register
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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. 69, No. 125 / Wednesday, June 30, 2004 / 
Notices  

[[Page 39401]]



DEPARTMENT OF AGRICULTURE

Forest Service


Request for Comment; Notice of Intent To Prepare an Environmental 
Impact Statement

AGENCY: Forest Service, USDA.

ACTION: Notice.

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SUMMARY: The Forest Service invites comments and suggestions on the 
scope of the proposed Environmental Impact Statement and management 
plan for the most effective management of 8.5 miles of the Gold Camp 
Road. This is a historic Forest Service road that crosses national 
forest lands southwest of Colorado Springs, Colorado. This 8.5-mile 
segment of road has been partially closed since the collapse of one of 
the tunnels. The objective of the management plan is to best 
accommodate public use and access to national forest lands and nearby 
private in-holdings while maintaining public safety and the historic 
character of the road.

DATES: Comments concerning this notice should be received in writing 
August 16, 2004.

ADDRESSES: Comments concerning this notice should be addressed to Gold 
Camp Road Project, Pike National Forests Forest Service, USDA, 601 
South Weber Street, Colorado Springs, CO, 80903. Comments also may be 
submitted via facsimile to (719) 477-4233 or e-mail to www.fs.fed.us/
r2/psicc/pp follow the link to the comment page.
    The public may inspect comments received at Pikes Peak Ranger 
District, 601 South Weber Street, Colorado Springs, CO. Visitors are 
encouraged to call (719) 477-4203 to facilitate entry to the building.

FOR FURTHER INFORMATION CONTACT: Frank Landis, Supervisory Outdoor 
Recreation Planner, Pikes Peak Ranger District, at (719) 477-4203.

SUPPLEMENTARY INFORMATION:

Estimated Dates for Filing

    The draft Environmental Impact Statement (EIS) is expected to be 
filed with the Environmental Protection Agency and available for public 
review October/November, 2004. A 45-day comment period will follow 
publication of a Notice of Availability of the draft EIS in the Federal 
Register. Comments received on the draft EIS will be analyzed and 
considered in preparation of the final EIS, expected in June 2005. A 
Record of Decision will also be issued and published at that time along 
with the publication of a Notice of Availability of the final EIS in 
the Federal Register.

Reviewers Obligation To Comment

    The Forest Service believes that, 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 statements 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 the Forest Service 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 should be as specific as 
possible. 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.
    This notice of intent initiates the scoping process which guides 
the development of the environmental impact statement.
    The scoping process will include public meetings and interaction 
with federal, state, and local officials. Information regarding the 
place and time of the public scoping meetings will be announced in area 
media, as well as posted on the Forest Service Pike and San Isabel 
National Forests Internet site at http://www.fs.fed.us./r2/psicc. 
Public meetings will be held once the draft management plan and 
environmental impact statement are available for review.
    Preliminary issues include the following:
     Impacts to recreational use, as well as the scenic 
resources associated with the area.
     Impacts to the historic character of the road and tunnels 
and its listing status on the National Register of Historic Places.
     Impacts to public health and safety.
     Impacts to water resources.
     Impacts to existing infrastructure (road capacities).
     Impacts to terrestrial and aquatic habitats and species.

The Purpose and Need for Action

    Gold Camp Road has a long history of use in the area. In 1901, the 
travel way was a railroad from Colorado Springs, Colorado, to the gold 
fields of Cripple Creek, Colorado. In 1922, the railway was sold and 
the route was converted to a vehicular road when auto-tourism in the 
Pikes Peak region was just beginning. From 1924 to the 1930s, the road 
was a private toll road and it became a free highway and was known in 
1939 as the Gold Camp Road. In the mid-1940s, ownership of the 25+ mile 
road was deeded to the Forest Service. The road was open to the public 
until the late 1980s. In 1988, a partial collapse of Tunnel 3 
forced closure of an 8.5-mile section of the road.
    From 1988 to 1990, the Forest Service initiated a process to repair 
the collapsed tunnel. In June 1991, the Forest Service submitted the 
project through the Forest Service Capital Investment Program (CIP). 
The Forest Service started implementing the decision to repair the 
tunnel. In the meantime, non-motorized recreation use

[[Page 39402]]

such as bicycles, hikers, horseback, has increased in number and began 
to use the closed section of the road. In 1994, the Forest Service 
blocked Tunnel 3 as a safety measure while waiting for funding 
to repair the tunnel. In 1999, the entire road was listed in the 
National Register of Historic Places. In 2000, a lawsuit was filed by 
several plaintiffs requesting that a new analysis be conducted. In 
October 2000, the Forest Service withdrew the 1990 decision and decided 
to initiate a new process to evaluate the project. This current 
planning process will develop management alternatives for the project, 
which will be evaluated in an Environmental Impact Statement.

Nature of Decision To Be Made

    The decision to be made by the Forest Service is which management 
plan to approve for the Gold Camp Road to best meet the project's 
objectives and the applicable regulatory and policy requirements. 
Project alternatives include the No Action Alternative, which in effect 
would result in continued closure of the 8.5 miles of road.

Responsible Official

    The Responsible Official is the Forest Supervisor, Pike and San 
Isabel National Forests, Forest Service, USDA.

Use of Comments

    Comments received in response to this notice, including names and 
addresses, when provided, will become a matter of the public record and 
will be available for public inspection and copying.
    All submissions from organizations and businesses, 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 Plan/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 Plan/EIS.

    Dated: June 22, 2004.
Robert Leaverton,
Forest Supervisor.
[FR Doc. 04-14553 Filed 6-29-04; 8:45 am]
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