[Federal Register Volume 69, Number 161 (Friday, August 20, 2004)]
[Notices]
[Pages 51628-51629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19058]


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DEPARTMENT OF AGRICULTURE

Forest Service


Ashley National Forest, Flaming Gorge Ranger District, Utah, 
Cedar Springs Marina Upgrade

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an Environmental Impact Statement.

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SUMMARY: The proposed action has several parts. It is to resolve dry 
storage issues, provide suitable shop area including storage, provide a 
convenience store near the parking lot, provide more adequate boat 
slippage and also provide more adequate boat sanitation facilities. 
Other parts of the proposed action are to enlarge the present footprint 
(acreage) of the marina facilities to accommodate the improvements and 
to also reissue the special use permit for 25 years.

DATES: Comments concerning the scope of the analysis must be received 
by 45 days after the legal notice in the Vernal Express on August 18, 
2004. The draft environmental impact statement is expected May 2005 and 
the final environmental impact statement is expected in September 2005.

ADDRESSES: Send written comments to Jeff Schramm, Flaming Gorge 
District Ranger, Flaming Gorge Ranger District, and P.O. Box 279, 
Manila, UT 84046.

FOR FURTHER INFORMATION CONTACT: Bill Gossman, ID Team Leader, at 
Flaming Gorge Ranger District, P.O. Box 279, Manila, UT 84046 or 
telephone at (435) 781-5282.

SUPPLEMENTARY INFORMATION:
    Purpose and Need for Action: The Purpose and Need for this project 
is to provide the public with more adequate recreation facilities and 
more adequate complimentary services at the Cedar Springs Marina 
situated on the Flaming Gorge Reservoir within the Flaming Gorge 
National Recreation Area.
    Proposed Action: To fulfill the purpose and need the following 
actions are proposed and effects will be analyzed:
    (1) Extend power to Buckskin Cove, to power adequate boat security, 
dewatering, and general use facilities for the boats held in the 
Buckskin Cove slips. This extension would be underground and 
approximately \1/4\ mile long.
    (2) Move 40 boat slips to the Buckskin Cove after the power line is 
established. If in the future the water levels continue to drop, 
compromising additional present boat slips, then up to 40 additional 
boat slips could be moved to Buckskin Cove.
    (3) Allow the proponent to provide a suitable shop building for 
boat maintenance and equipment and tool storage.
    (4) Allow the proponent to provide an adequate dry storage area for 
boats.
    (5) Enlarge the footprint of the SUP to accommodate the 
improvements being made.
    (6) Re-issue the Special Use Permit for a 25-year period.
    (7) Allow the proponent to provide a convenience store and 
restaurant near the parking lot.
    Possible Alternatives: Based on the preliminary analysis the 
following potential alternatives to the proposed action have been 
formulated:
    No Action Alternative--The Marina would continue as it is. 
Congestion would continue and current facilities would continue to 
deteriorate and public service would continue to be inadequate based on 
the Forest Plan, National Recreation Area Management Plan and public 
demand.
    Alternative 3, Partial Marina Upgrade--Develop dries storage and 
run power to Buckskin Cove. This alternative would relieve some 
congestion and partially respond to the direction given by the National

[[Page 51629]]

Recreation Area Management Plan. There would be no new convenience 
store or new shop building.
    Responsible Official: The Ashley National Forest Supervisor, George 
Weldon is the responsible official. The address is Ashley National 
Forest, 355 N. Vernal Ave., Vernal, UT 84078.
    Nature of Decision To Be Made: The decision to be made is whether 
to allow the upgrade of the Cedar Springs Marina, and whether to re-
issue the Special Use Permit for 25 years, and also whether to increase 
the footprint (acreage) of the Special Use Permit as is proposed or to 
allow partial upgrade of the marina as in Alternative 3 or to not allow 
the upgrade as is found in the No Action Alternative.
    Scoping Process: A scoping letter will be sent to interested 
parties. The letter will discuss the proposed project and purpose and 
need along with issues related to the project.
    Preliminary Issues: The following are preliminary issues from early 
analysis. Fluctuating water levels have reduced public service at the 
marina, there is extreme parking congestion, antiquated facilities 
limit the proponents ability to provide valuable services to the 
public, compliance with the Flaming Gorge National Recreation Area 
Management Plan, and the strong public demand for marina services.
    Permits or Licenses Required: Army Corp of Engineers 404 permit
    Comment Requested: This notice of intent initiates the scoping 
process which guides the development of the environmental impact 
statement.
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review: A draft environmental impact statement will be 
prepared for comment. 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. 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. NRCD, 435 U.S. 519, 
553 (1978). Also, environmental objections that could be raised at the 
draft environmental impact statement state 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, 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 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.
    Comments received, including the names and addresses of those who 
comment, will be considered part of the public record on this proposal 
and will be available for public inspection.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21)

    Dated: August 11, 2004.
Eileen Richmond,
Acting Forest Supervisor.
[FR Doc. 04-19058 Filed 8-19-04; 8:45 am]
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