[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Notices]
[Pages 38866-38869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13242]


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DEPARTMENT OF AGRICULTURE

Forest Service


Shasta-Trinity National Forest, California; Turntable Bay Marina 
Master Development Plan

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Shasta-Trinity National Forest proposes to authorize a 30-
year term permit to Seven Resorts, Inc. to build and operate a resort 
marina at Turntable Bay located in section 22 & 27, T34N, R4W, MDBM on 
Shasta Lake. In conjunction with this authorization, Seven Resorts, 
Inc. (Project Proponent) will relinquish the existing permit for the 
operation of Digger Bay Marina located in section 12 and 13, T33N,

[[Page 38867]]

R5W, MDBM on Shasta Lake. The proposed Turntable Bay Marina and 
associated land-based development will be designed for water-based 
recreational use on a year-around basis. Proposed water-based 
facilities include a retail store, public moorage facilities, boat 
rentals, and service docks (fuel, septic waste, and refuse collection). 
Proposed land-based improvements include off-ramp lighting, paved 
access road, paved parking, launch ramp, public restrooms, water 
supply, sanitary waste disposal system, and power and communications 
utilities.
    In addition, a non-significant amendment to the Shasta-Trinity 
National Forest Land and Resource Management Plan to amend management 
prescription IV, ``Roaded, High Density Recreation,'' to include the 
proposed site of the Turntable Bay Marina is proposed. The proposal is 
within the Shasta Unit of the Whiskeytown-Shasta-Trinity National 
Recreation Area.

DATES: Comments concerning the scope of the analysis should be received 
no later than 30 days after publication of this notice in the Federal 
Register. The draft environmental impact statement is expected in 
November 2005 and the final environmental impact statement is expected 
during the spring of 2006.

ADDRESSES: Send written comments to District Ranger Kristy Cottini, 
Shasta-Trinity National Forest, National Recreation Area Ranger 
Station, 14225 Holiday Road, Redding, CA 96003.

FOR FURTHER INFORMATION CONTACT: Project Manager Lee Simons, Shasta-
Trinity National Forest, National Recreation Area Ranger Station, 14225 
Holiday Road, Redding, CA 96003.

SUPPLEMENTARY INFORMATION: Turntable Bay was identified by the Shasta-
Trinity National Forest, as the most viable site for a new marina on 
Shasta Lake. Turntable Bay offers direct access from Interstate 5, 
limited impact from lake level fluctuations, and an area well suited 
for a variety of recreational activities both on and off the water. 
Shasta Lake is the largest lake in the Whiskeytown-Shasta-Trinity 
National Recreation Area (NRA), and is managed by the Shasta-Trinity 
National Forest to provide quality recreational experiences to the 
public.
    In May 2002, the Shasta-Trinity National Forest issued a prospectus 
offering the opportunity to relocate an existing marina's operation on 
Shasta Lake to Turntable Bay. The Project Proponent submitted a 
proposal in response to the prospectus and was awarded the opportunity 
to prepare a conceptual Turntable Bay Marina Master Development Plan. 
This plan has been accepted by the Shasta-Trinity National Forest for 
environmental analysis under the National Environmental Policy Act 
(NEPA).

Purpose and Need for Action

    There is a need for the Forest Service, Shasta-Trinity National 
Forest, to take action (provide response) on the application submitted 
by the Project Proponent requesting a special use authorization. The 
proposed use is construction and operation of a full service marina at 
Turntable Bay on Shasta Lake within the NRA. The purpose of the 
proposed project is to provide a high-quality recreational opportunity 
at Turntable Bay. The current Management Guide (NRA Guide) for the 
Shasta and Trinity Units of the NRA identifies Turntable Bay as the 
most feasible new location for a resort/marina operation.
    The Shasta-Trinity National Forest manages the Shasta Unit of the 
NRA to be a showcase recreational area that supports the enjoyment and 
use of the natural environment. The combination of water and land 
surface provides the opportunity to enjoy many types of outdoor 
recreation; however, environmental factors such as a hot climate, steep 
terrain, and sparse forest cover favor water-oriented recreation. On 
the Shasta Unit, the key attraction or recreation resource is the 
available water surface of Shasta Lake. Recreational boating on Shasta 
Lake is dependent upon access to the water via shoreline facilities 
such as marinas, docks, and launch ramps.
    Fluctuations in the water levels, however, have effects on the 
provision of and access to water-based recreational services. With 
regard to the marinas on Shasta Lake, some facilities are located in 
areas (shallow water ports) that require them to move their docks 
substantial distances from their land-based facilities and/or close 
their boat ramps during low water periods. This decreases the 
consistency, efficiency, and overall quality of services provided. 
Deepwater ports are more efficient locations for marinas.
    To allow existing marinas, which are restricted by their locations, 
to improve the quality of the services they provide, the NRA Guide 
contains the following recommendation.

    ``Upon approval by the Forest Service, resort/marinas may merge, 
or consolidate to one location, or a resort/marina may move to a new 
location based on the following criteria:
     Maintains or improves dispersion of services around the 
lake.
     Accommodates low water conditions.
     Removes or eliminates the threat for threatened and/or 
endangered species.
     The site can adequately support both land and water 
based facilities and services.
     Road access is feasible and reasonable (location and 
cost).
     Utilities (electricity and telephone) are reasonably 
available to the location.
     Compatibility with existing commercial resort/marina 
locations.
     Compatibility with natural resources, such as 
preservation of watershed or fish habitat values.
     Compatibility with public recreation sites or 
facilities.''

    Based on these criteria, Turntable Bay was determined to be the 
most viable location for a new marina on Shasta Lake. Turntable Bay 
possesses many site characteristics which would contribute to efficient 
and consistent marina operation, including direct access from a major 
interstate, deep water moorage with limited effects from lake 
fluctuations, access to utilities, and an area well suited for a 
variety of recreational activities, both on and off the water. 
Therefore, the proposed project offers an opportunity to improve the 
location and quality of facilities/services currently provided by 
Digger Bay Marina (an existing marina operated by the Project 
Proponent) through relocation to Turntable Bay.
    In comparison, the facility at Digger Bay is located approximately 
6 miles form Interstate 5. Access is via Shasta Dam Boulevard, through 
the City of Shasta Lake, and then north on Digger Bay Road. Digger Bay 
Road is a low-standard, narrow, and winding road about 3.5-mile long, 
making it poorly suited for trailer carrying boats.
    The boat launch ramp at Digger Bay Marina ends at a depth of 60 
feet below full lake level. When the lake surface drops below this 
level, boasts can no longer be launched at the site. From 60 to 100 
feet below full lake level, access to marina facilities on the water is 
constrained by a winding asphalt road. This road is difficult to 
negotiate with vehicles and requires frequent repositioning of the 
docks as water levels change. Below 100 feet from full lake level, 
marina facilities cannot be accessed form the land at all.

Proposed Action

    The proposed action to issue a 30 year term permit for the 
development and operation of Turntable Bay Resort Marina would include 
the following actions:
     All land-based developments are proposed to occur above 
1090 feet elevation, to avoid conflicts with a potential increase of 20 
feet in the height of Shasta Dam.

[[Page 38868]]

     Land-based developments will include placement of safety 
lighting at the north-bound and south-bound ramps of Interstate Highway 
5 (Turntable Bay exit).
     Reconstruction and construction of a two-land paved access 
road.
     Construction of paved parking areas.
     Construction of a four land (60 feet wide) boat-launching 
ramp.
     Construction of public restrooms, water supply, and septic 
disposal systems.
     Construction of disposal area for excess excavation 
materials.
     Revegetation and slope protection measures emphasizing 
native vegetation.
     Construction of power and communication utilities.
     Water-based facilities will include a retail store, boat 
rentals, public moorage docks, and systems for selling fuel, septic 
pump out, and refuse management.
    The proposed permit area includes 79 acres above the current high 
water level of Shasta Lake (1070 feet above mean sea level). This area 
is currently undeveloped, with the exception of an access road that 
terminates at the back (west end) of Turntable Bay, immediately east of 
northbound Interstate 5. The proposed marina and land-based development 
will be designed to provide recreational opportunities consisting of 
varied boating and other water-based activities as well as pubic access 
to park-like areas on land including a day-use picnic area, walking 
trails, and public restrooms. The development design provides 
compliance with the Americans with Disabilities Act (ADA) and 
appropriate public law. The proposed marina site includes waters of 
Shasta Lake within Turntable Bay, the area between Interstate Highway 5 
and Shasta Lake north of the Turntable Bay exit, a portion of the 
existing access road, and an area to the north of Turntable Bay that 
will be used to place excess excavation material.
    The shoreline of Shasta Lake in the project area is rugged. The 
development of roads and parking areas will require grading (estimated 
94,000 cubic yards of net excess material). The proposed design has 
been developed to minimize the total disturbed area and retain as much 
of the area in an undisturbed condition as possible. The design of 
appropriate cuts and fills to minimize grading is planned.
    As designed, the proposed project will minimize impacts to native 
vegetation and will implement a vegetation management plan that 
emphasizes native vegetation in the project design. This plan will also 
use revegetation strategies to address other potential resource impacts 
(e.g., visuals, erosion, water quality, and noxious weeds).
    Upon authorization and construction of Turntable Bay Marina, SCR 
will relinquish its permit to operate Digger Bay Marina. This will 
result in abandoning the current land-side operations and relocating 
the water-side improvements to Turntable Bay. When the Resort/Marina 
Term Special Use Permit for the Digger Bay location is relinquished, 
some land-side improvements at the existing Digger Bay site, including 
paved access roads, parking areas, launch ramp, and utilities (water 
and septic) will remain intact for possible future use to be determined 
though subsequent planning by the Forest Service.

Possible Alternatives

    Any action alternatives would be developed based on significant 
issues to the proposed action following the public scoping process.

Lead and Cooperating Agencies

    USDA Forest Service is the lead agency for this environmental 
impact statement. Other Federal, state, or local agencies may have 
discretionary approvals and authorities.

Responsible Official

    J. Sharon Heywood, Forest Supervisor, Shasta-Trinity Forest, 3644 
Avtech Parkway, Redding, CA 96002.

Nature of Decision To Be Made

    The Forest Supervisor will decide whether to implement the proposed 
action, take an alternative action that meets the purpose and need, to 
take no action.

Scoping Process

    The project is included in the Shasta-Trinity National Forest's 
quarterly schedule of proposed actions (SOPA). Information describing 
the proposed action will also be posted on the Web site, http://www.fs.fed.us/r5/shastatrinity/projects projects, and advertised in the 
Redding Record Searchlight. This notice of intent initiates the scoping 
process, which guides the development of the environmental impact 
statement. Comments submitted during this scoping process should be in 
writing and should be specific to the proposed action. The comments 
should describe as clearly and completely as possible any issues the 
commenter has with the proposal. The scoping process includes:
    (a) Identifying potential issues.
    (b) Identifying issues to be analyzed in depth.
    (c) Eliminating non-significant issues or those previously covered 
by a relevant previous environmental analysis.
    (d) Exploring additional alternatives.
    (e) Identifying potential environmental effects of the proposed 
action and alternatives.

Preliminary Issues

    No preliminary issues have been identified.

Permits or Licenses Required

    By definition, the Forest Service has identified the proposed 
Turntable Bay Marina as a water-dependent project that will be subject 
to the requirements of the Clean Water Act. Under the Act, the U.S. 
Army Corp of Engineers has the responsibility to ensure that the waters 
of the U.S. are protected. The location and types of activities 
associated with proposed action will require issuance of a 404 Permit 
prior to Forest Service authorization of the Special Use Permit to 
construct and operate the proposed Turntable Bay Marina.
    The California Regional Water Quality Control Board, Central Valley 
Region, is the agency authorized to issue the 401 certification under 
the Clean Water Act. Due to the nature of some of the proposed land-
based development (i.e., water and sanitation facilities), this agency 
is also responsible for preparing waste discharge requirements prior to 
Forest Service authorization of the Special use Permit to construct and 
operate the proposed Turntable Bay Marina.
    The California Department of Transportation maintains a right-of-
way associated with Interstate 5. Some land-based components of the 
proposed Turntable Bay Marina may encroach on this right-of-way and 
require the issuance of a California Department of Transportation 
encroachment permit prior to Forest Service authorization of the 
Special Use Permit to construct and operate the proposed Turntable Bay 
Marina.

Comments Requested

    This notice of intent initiates the scoping process which guides 
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

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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. 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 statement may 
be waived or dismissed by the courts. Court 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 211.)

    Dated: June 16, 2005.
J. Sharon Heywood,
Forest Supervisor.
[FR Doc. 05-13242 Filed 7-5-05; 8:45 am]
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