[Federal Register Volume 73, Number 63 (Tuesday, April 1, 2008)]
[Notices]
[Pages 17300-17302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6502]


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DEPARTMENT OF AGRICULTURE

Forest Service


Lake Tahoe Basin Management Unit, California, South Tahoe 
Greenway Shared-Use Trail Project

AGENCY: Forest Service, USDA.

ACTION: Revised Notice of Intent (NOI) to prepare an environmental 
impact statement. This revised NOI expands upon the information 
provided in the previous NOI that was circulated by the Lake Tahoe 
Basin Management Unit for this project on November 29, 2006 (FR Vol. 
71, No. 229, pages 69097-69099). New information includes a new 
alternative trail alignment developed in response to comments received 
during the November 2006 scoping period. Comments submitted to the 
Conservancy during the November 2006 scoping period will still be 
considered during the preparation of the environmental impact 
statement.

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SUMMARY: The South Tahoe Greenway Shared-Use Trail is a California 
Tahoe Conservancy (Conservancy) proposed Class I or better trail that 
will link Meyers, California to Stateline, Nevada, generally following 
the former Caltrans U.S. Highway 50 Bypass Corridor. The trail will 
form the backbone of the bike trail network in South Lake Tahoe and 
link residential and lodging uses to jobs, schools, shopping, and 
recreation and community areas. The trail implements specific goals and 
policies of the Tahoe Regional Planning Agency (TRPA), the USDA Forest 
Service Lake Tahoe Basin Management Unit (USFS), and Conservancy to 
provide a non-motorized alternative transportation corridor through 
South Lake Tahoe. Approximately 0.5 mile of the trail corridor will 
cross National Forest System lands in approximately six locations.

DATES: Comments concerning the scope of the analysis must be received 
by April 30, 2008. The DEIS is expected by early 2009 and the Final 
Environmental Impact Statement (FEIS) is expected by summer 2009.

ADDRESSES: Send written comments to: Sue Rae Irelan, Program 
Coordinator, California Tahoe Conservancy, 1061 Third Street, South 
Lake Tahoe, CA 96150, e-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Matt Dickinson, NEPA Coordinator, Lake 
Tahoe Basin Management Unit, 35 College Drive, South Lake Tahoe, CA 
96150, [email protected], (530) 543-2769; or Audrey McCombs, 
Program Manager, Tahoe Regional Planning Agency, P.O. Box 5310, 128 
Market Street, Stateline, NV 89449, [email protected], (775) 589-5234.

SUPPLEMENTARY INFORMATION: Purpose and Need for Action: Complete an 
accessible and continuous shared-use trail from the existing Class I 
trail in Meyers, California to Stateline, Nevada that establishes a 
convenient non-auto transportation alternative and high quality 
recreational experience for residents and visitors. The Lake Tahoe 
South Shore roadway network suffers from excessive traffic congestion 
and the resulting degradation of air quality. The South Shore also 
lacks continuous Class I facilities for bicycles and pedestrians that 
provide high quality recreational opportunities. Regional planning 
documents (e.g., TRPA Regional Transportation Plan and Goals and 
Policies Plan) identify the important role that improvements to the 
south shore bicycle and pedestrian trail network plays in addressing 
these problems.
    Proposed Action: The Conservancy is proposing to construct a 9.6-
mile long shared-use trail that will provide residents and visitors 
with a non-motorized, alternative transportation corridor from Meyers, 
California (near the intersection of U.S. Highway 50 and Pioneer Trail) 
to Stateline, Nevada (near the proposed Van Sickle Bi-State Park). The 
South Tahoe Greenway Shared-Use Trail will generally follow the former 
Caltrans U.S. Highway 50 Bypass Corridor and will also utilize other 
publicly (including Forest Service) and privately owned lands.
    Possible Alternatives: Potential alternatives include the 
following: (1) Use of the new El Dorado County Sawmill Trail (located 
west of U.S. Highway 50) from Meyers to the intersection of Meadowvale 
or Elks Club and U.S. Highway 50. This alternative would eliminate the 
portion of the South Tahoe Greenway Shared-Use Trail located east of 
U.S. Highway 50 between the intersection of Pioneer Trail and U.S. 
Highway 50 and the intersection of Meadowvale or Elks Club and U.S. 
Highway 50; (2) Use of Pioneer Trail right of way from U.S. Highway 50 
to the approximate intersection with Golden Bear Trail, then National 
Forest System lands to reconnect to the Proposed South Tahoe Greenway 
Shared-Use Trail alignment near the intersection of Barbara Avenue and 
Martin Avenue in the Sierra Tract. This alternative would eliminate the 
portion of the South Tahoe Greenway Shared-Use Trail that travels 
through the Sunset Stables area, south and east of the Lake Tahoe 
Airport; (3) Use of alternative trail design measures (e.g., 
boardwalks, bridges, porous paving materials) and utilize maximum 
flexibility allowed by trail design standards and guidelines to reduce 
or eliminate effects to sensitive resources; (4) Use of Pioneer Trail 
right-of-way from its intersection with Ski Run Boulevard to the 
trail's terminus at the intersection of Pioneer Trail and U.S. Highway 
50. This alternative would serve a dense population area, but eliminate 
the portion of the South Tahoe Greenway Shared-Use Trail located east 
of Pioneer Trail and Ski Run Boulevard; and (5) Maximize use of the 
former U.S. Highway 50 bypass corridor in the Sunset Stables project 
area located east of the Lake Tahoe Airport by locating the trail in 
the eastern-most forested area of the Sunset Stables project and at a 
higher elevation to allow for greater flexibility during future 
Conservancy design of the Sunset Stables river restoration project.
    Lead, Joint Lead, And Cooperating Agencies: The Conservancy is 
planning to construct the South Tahoe Greenway Shared-Use Trail. The 
Conservancy, USFS, and TRPA are preparing a joint Environmental Impact 
Report (EIR)/Environmental Impact Statement (EIS) to inform agency 
decision makers about the potential environmental effects of the 
project. This joint document will serve as an EIR prepared by the 
Conservancy (lead CEQA agency) pursuant to the California Environmental 
Quality Act (CEQA); an EIS prepared by the USFS (lead federal agency) 
pursuant to the National Environmental Policy Act (NEPA); and an EIS 
prepared by TRPA pursuant to its regulations.
    Responsible Official And Mailing Address: For the Forest Service 
Decision, Tern Marceron, Forest Supervisor, Lake Tahoe Basin Management 
Unit, 35 College Drive, South Lake Tahoe, CA 96150 is the responsible 
official.

[[Page 17301]]

    Decision to be Made: The decision to be made is whether to 
construct a Class I trail on approximately 0.5 mile of National Forest 
System land in conjunction with construction of a Class I trail along 
the former U.S. Highway 50 Bypass right-of-way as described in the 
proposed action, to implement another combination of activities which 
meets the purpose and need for action, or to take no action at this 
time.
    Scoping Process: Public scoping first began in November 2006. 
Scoping activities included the circulation of a joint NOP of a Draft 
EIR/EIS by the Conservancy and TRPA, the publication of a NOI to 
prepare an EIS in the Federal Register by the USFS (FR Vol. 71, No. 
229, pages 69097-69099), and three public workshops/hearings held to 
take comment on a proposed South Tahoe Greenway Shared-Use Trail 
alignment. Several alternatives to portions of the proposed project 
were also presented. During scoping, the agencies received comments 
from regulatory agencies and the public that an alternative trail 
alignment should be developed and studied that would avoid the 
sensitive lands located east of the Lake Tahoe Airport in the vicinity 
of the Conservancy owned Sunset Stables and Upper Truckee River meadow. 
The alternative presented in the 2006 NOP, which avoided this area was 
strongly opposed by the private property owners across whose property 
the alternative would travel. As a result, the Conservancy and other 
lead agencies have identified a new alternative that would parallel 
Pioneer Trail in the southern portion of the South Tahoe Greenway 
corridor and avoid the Sunset Stables area. These efforts have resulted 
in the proposed project and alternatives described in this NOI 
document.
    The publication of this Notice of Intent in the Federal Register 
re-initiates public scoping based on the addition of the project 
alternative described above. Notice of the preparation of the 
environmental documentation is also being published in a local 
newspaper (Tahoe Daily Tribune) and mailed to adjacent property owners. 
Public scoping opportunities with agency staff will be provided on the 
following dates: The TRPA will hold a public scoping hearing before 
their Hearings Officer on Thursday, April 17 beginning at 2 p.m. at the 
TRPA offices, 128 Market Street, Stateline, NV and the Conservancy will 
hold a public information workshop on Tuesday, April 22 from 6:30 to 
8:30 p.m. at the Lake Tahoe Basin Management Unit Forest Supervisors 
Office, 35 College Drive, South Lake Tahoe, CA. The Forest Service will 
accept comments at these public meetings.
    Preliminary Issues: During preparation of the Shared-Use Trail 
Preliminary Concept Plans, the following issues were identified: 
Disturbance of stream environment zone and the Upper Truckee River 
floodplain from new trail construction; potential water quality 
degradation from runoff and erosion from new trail creation; wildlife 
habitat environmental effects from direct habitat removal and potential 
habitat degradation from increased visitation to the project area; 
effects to sensitive vegetation communities and loss of ``old growth'' 
trees as defined by the TRPA Code of Ordinances; effects to scenic 
quality along designated scenic roadways (e.g., U.S. Highway 50 and 
Pioneer Trail); conflicts (e.g., public safety and traffic flow) with 
vehicular circulation in neighborhood areas and at roadway 
intersections; consistency with public safety plans and policies, such 
as the Lake Tahoe Airport Comprehensive Land Use Plan; consistency with 
the Lake Tahoe Basin Management Unit Forest Plan; and consistency with 
the goals of the Conservancy Sunset Stables Restoration and Resource 
Management Plan Project. Identification of Permits or Licenses 
Required: The TRPA, California Department of Fish and Game, California 
Department of Transportation, U.S. Army Corps of Engineers and 
California Regional Water Quality Control Board, Lahontan Region may 
issue project specific permits for trail segments within the Lake Tahoe 
Region.
    Comment Requested: This notice of intent initiates the scoping 
process that guides the development of the environmental impact 
statement. The Forest Service would like to know the views of 
interested persons, organizations, and agencies as to the scope and 
content of the information to be included and analyzed in the DEIS. 
Agencies should comment on the elements of the environmental 
information that are relevant to their statutory responsibilities in 
connection with the proposed alternatives. Comments must be received by 
April 30, 2008. Person to Which Comments may be Mailed: Send written 
comments to: Sue Rae Irelan, Program Coordinator, California Tahoe 
Conservancy, 1061 Third Street, South Lake Tahoe, CA 96150, e-mail: 
sirelantahoe.ca.gov.
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review: There will be additional opportunities to comment 
on this project in addition to this scoping period. When the DEIS is 
released there will be a 45 day comment period from the date the 
Environmental Protection Agency publishes the notice of availability of 
the DEIS 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 enviromnental review process. First, reviewers of 
draft 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. 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)


[[Page 17302]]


    Dated: March 24, 2008.
Terri Marceron,
Forest Supervisor, Lake Tahoe Basin Management Unit.
 [FR Doc. E8-6502 Filed 3-31-08; 8:45 am]
BILLING CODE 3410-11-P