[Federal Register Volume 74, Number 119 (Tuesday, June 23, 2009)]
[Notices]
[Pages 29661-29663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14732]



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DEPARTMENT OF AGRICULTURE

Forest Service


Grand Mesa, Uncompahgre and Gunnison National Forests Norwood 
Ranger District; Alta Town-site Road and Utilities Access, ``Alta 
Access Project,'' Hinsdale County, CO

AGENCY: Forest Service, USDA.

ACTION: Notice of Intent to Prepare an Environmental Impact Statement.

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SUMMARY: A application for access to the town-site of Alta, Colorado 
under Alaska National Interest Lands Conservation Act (ANILCA) has been 
submitted for approval. The Forest Service (USFS) will prepare an 
Environmental Impact Statement (EIS) to assess and disclose the 
environmental effects of improved road and utilities access to the 
private inholdings at Alta, Colorado.
    The Grand Mesa, Uncompahgre and Gunnison (GMUG) National Forest is 
initiating an environmental analysis in response to an application 
submitted by Silver Mountain Industries, Inc (SMI) for road and utility 
improvements, and year round access to SMI owned properties at and 
around the town-site of Alta. The SMI Property is located about one 
mile south of the incorporated limits of the Town of Mountain Village, 
in San Miguel County, Colorado. This project is commonly referred to as 
the Alta Access project. SMI is planning the development of 28 
residential lots on 540 acres of SMI owned private land at Alta. The 
application to the Forest Service for road and utility improvements is 
to support this planned residential development. The SMI cluster 
development plan has been approved by the San Miguel County Board of 
County Commissioners. Portions of the proposed road improvements would 
occur on National Forest System (NFS) lands; others would occur on 
private property over which the Forest Service has easements for 
existing National Forest System Road (NFSR) 632.
    The Colorado Department of Transportation (CDOT) has determined 
that the existing intersection of Alta Access Road with State Highway 
145 fails to meet AASHTO road design standards, is unsafe, and needs to 
be corrected.
    The Alta Access Road is designated as both NFSR 632 and San Miguel 
County Road 64F. This road is currently used primarily by persons 
visiting the USFS managed Alta Lakes dispersed recreation area. SMI 
visitation generates modest traffic on the road, as do visits or trips 
to other privately owned lands in the area.
    SMI claims, and the Forest Service agrees, that SMI does have a 
right of access to their property under the ANILCA. No Inventoried 
Roadless areas are affected by this proposal.
    The Forest Service will prepare an Environmental Impact Statement 
(EIS) to assess and disclose the environmental effects of access and 
utilities development of the Alta Access Project.
    The EIS will comply with the requirements of the National 
Environmental Policy Act (42 U.S.C. sections 4321-4370a), the National 
Forest Management Act (16 U.S.C. 1600-1614), and their implementing 
regulations.

DATES: Comments concerning the proposal and the scope of the analysis 
will be accepted and considered at any time after publication of this 
notice in the Federal Register and prior to a decision being made. To 
be most helpful in the design of the analysis, comments should be 
received within 45 days of publication of this NOI in the Federal 
Register. An initial scoping for this project was done with a comment 
period extending from mid-March to April 20, before it was determined 
that an EIS would be necessary. Comments submitted to the Forest 
Service during that scoping period will be considered fully, and do not 
need to be resubmitted.The draft EIS is expected to be filed with the 
Environmental Protection Agency (EPA) and available for public review 
during October 2009. When a draft EIS is available the EPA will publish 
a Notice of Availability (NOA) in the Federal Register. The comment 
period on the draft EIS will be for a period of not less than 45 days 
from the date the EPA publishes the NOA in the Federal Register. The 
final EIS is expected to be available in January 2010.

ADDRESSES: Send written comments to Jeff Burch, Grand Mesa, Uncompahgre 
and Gunnison National Forest, Supervisor's Office, 2250 Highway 50, 
Delta, CO 81416. Electronic mail (e-mail) may be sent to [email protected] and FAX may be sent to (970) 874-6698. 
Telephone: (970) 874-6649.

FOR FURTHER INFORMATION CONTACT: Jeff Burch, Environmental Coordinator, 
Grand Mesa, Uncompahgre and Gunnison National Forests, 2250 Highway 50, 
Delta, Colorado 81416. Telephone: (970) 874-6649.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    The primary purpose and need for this project is to provide 
adequate access to the SMI property at Alta, as required by the Alaska 
National Interest Lands Conservation Act (ANILCA).
    There is a need to correct unsafe conditions with regard to the 
current design of the intersection with State Highway 145, and the 
location of the first segment of NFSR 632 above the State Highway. 
There is also a need to provide adequate access to secure reasonable 
use and enjoyment of the county approved subdivision located at Alta, 
including year round access. Current access is not maintained in 
winter, nor will it provide for the predicted year-round increase in 
use.
    There is a need to reach SMI privately owned land with natural gas 
and phone/fiber optic services.

Proposed Action/Preliminary Alternatives

    In general terms, the proposed Alta Access Road and Utility 
improvements would entail granting SMI authority for the following 
actions on National Forest System lands: (1) Making improvements to 
Alta Access Road and Highway 145 Intersection, (2) relocating the lower 
section of the Alta Access Road and decommissioning the portion of 
existing road that has been replaced; (3) making improvements to the 
upper section of Alta access Road; (4) establishing road and utility 
easements across two short segments of National Forest of odd shaped 
ownership, for internal subdivision purposes; (5) long term use and 
maintenance of the proposed road and utility improvements; (6) granting 
a driveway easement access for an adjoining private land parcel; and 
(7) permitting SMI to erect private signs along NFSR 632 directing 
people to their subdivision.
    See http://www.fs.fed.us/r2/gmug/policy/lands/alta/FinalScopingMap_low_rez.pdf for a map showing the project vicinity 
and proposed action elements.
    More specifically, the proposed action follows:
    1. Road construction/reconstruction of NFSR 632 to provide access 
to Alta Townsite.
    a. Reconstruction of the intersection of NFSR 632 and Hwy 145 to 
comply with the AASHTO standards and in compliance with CDOT 
requirements. The relocated Alta Access Road/Hwy 145 Intersection is 
proposed by SMI to occur approximately 50 feet to the north of the 
existing Alta Access Road/Hwy 145 Intersection within the area of the 
Hwy 145 ROW. An alternative being

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considered is locating this intersection at the point of intersection 
of the old highway with Hwy 145, which is approximately \1/2\ mile 
north of the existing intersection, across from the entrance to 
Sunshine campground. In either case this intersection with the highway 
would require construction of turning lanes and/or blending lanes on 
Hwy 145.
    b. Relocation and construction as two 9-foot lanes, either paved or 
gravel, with 2 foot shoulders on either side, of the lower segment of 
NFSR 632 commencing at the Hwy 145 intersection and continuing to a 
point where it reconnects with the existing alignment. See Attached 
Map. Use of retaining walls would be emphasized to provide stability 
and reduce the area impacted, rather than expansive cuts and fills. 
Options to be considered in the analysis include the level of/standard 
of construction this road would be built to, including paving or 
gravel, width, turning radius of curves, design speed, and treatment of 
cut and fill.
    c. Obliteration of, or decommissioning of, the segment of NFSR 632 
that is being replaced. Options to be considered would address the 
level of ground disturbance for rehabilitation of this road alignment, 
or the use of it as a trail.
    d. Re-construction as two 9 foot lanes, either paved or gravel, 
with 2-foot shoulders on either side plus ditches and other drainage 
structures, of the upper segment of NFSR 632 from the point where the 
relocated lower section joins the existing road, on the existing 
alignment to the SMI Property. Use of retaining walls would be 
consistent with the new construction, also to provide stability. 
Options in terms of road standards considered for this segment are the 
same as just above.
    2. Use, repair and maintain the newly constructed/reconstructed 
road for year round access to Alta. This would include snowplowing.
    3. Issuance of easements for, and construction of, short segments 
of road crossing National Forest System lands of internal subdivision 
roads and utility extensions at two locations. These are the small 
triangle shaped inclusion of NFS land, and a short segment where lower 
road crosses NFS to reach SMI. These would be built to the same 
standards as internal roads and utilities within the Alta subdivision.
    4. Installation, operation, use, repair, and maintenance of 
utilities (specifically natural gas, phone/fiber optic) to the SMI 
property. Alternative routes for this access are (a) Along the old 
Boomerang Road from Mountain Village (this is the preferred route by 
the proponent), and (b) along the newly constructed and reconstructed 
NFSR 632 from Hwy 145.
    5. ``Signage'' at the intersection of NFSR 632 with Hwy 145 
indicating that this is the location of the access to Alta Subdivision.
    6. Maintenance of a short segment of the old road alignment, 
instead of obliterating it with the replaced segment of lower NFSR 632, 
to serve as a driveway for property owner Richard Mayo.
    As part of SMI proposals to mitigate impacts to winter recreation 
use of the Alta Lakes area, SMI has indicated plans to build a public 
parking area along the Alta Lakes access road, on SMI land to replace 
the parking that now takes place at the intersection with Hwy 145. As 
proposed by SMI, this parking area would accommodate approximately the 
same number of cars parking as are currently using the area at the 
bottom of the road near the highway.

Alaska National Interest Lands Conservation Act (ANILCA) of 1980

    Section 1323 of ANILCA granted non-federal landowners the statutory 
right of access over public lands administered by the BLM (in Alaska 
only), and National Forest System lands anywhere, when such lands are 
needed to provide for the reasonable use and enjoyment of non-federal 
lands. The landowner's statutory right of access is limited to that 
which is adequate to secure to the owner the reasonable use and 
enjoyment of the subject non-federal land. The right of access is also 
subject to the reasonable rules and regulations of the Secretaries of 
Interior and Agriculture.
    An ANILCA access situation exists where NFS lands are the only 
reasonable option available for the landowner to access their land for 
its reasonable use and enjoyment. In such cases, the Forest Service is 
obligated by the statute to grant such an access. However, the Forest 
Service has discretion in determining the location, design, and type of 
access that it will grant across Federal land. The type of access 
should be consistent with access to similarly situated lands in the 
area.

Lead and Cooperating Agencies

    The Forest Service is the lead agency. San Miguel County and the 
Colorado Department of Transportation have been invited to become 
cooperating agencies. San Miguel County has declined. Colorado DOT has 
not responded.

Responsible Official

    The Forest Supervisor of the Grand Mesa, Uncompahgre and Gunnison 
National Forests Charles S. Richmond, 2250 Highway 50, Delta, Colorado 
81416 is the official responsible for making the decision on this 
action. He will document his decision and rationale in a Record of 
Decision.

Nature of Decision To Be Made

    Several specific decisions are to be made through this process:
    (1) Whether to authorize new construction of a segment of road, as 
proposed, connecting Highway 145 with upper portion of Alta Lakes road, 
or to authorize this segment of road elsewhere.
    (2) Whether to authorize the upgrade of the upper portion of Alta 
Lakes road (NFSR 632) to just below the town-site of Alta, as proposed.
    (3) Associated with 1 through 2 above, subject to what terms and 
conditions in terms of standards/specifications of construction and 
maintenance.
    (4) What to do with the abandoned segment of NFSR 632.
    (5) Whether, and by what route, and subject to what conditions to 
allow utilities access for phone/fiber optic and natural gas to the SMI 
property.
    All of items 1-3 just above are being taken up under authorities of 
the Alaska National Interest Lands Act (ANICLA) as amended, and 
associated regulations at 36 CFR 251.

Scoping Process

    Scoping for this project will consist of this notice in the Federal 
Register, mailing of this notice to parties known to be interested, a 
news release for publication in local newspapers, and notification of 
local elected representatives. At this time no public meetings are 
planned.

Preliminary Issues

    The following have been identified as preliminary issues: Effects 
of road reconstruction, maintenance and use on Threatened or Engangered 
species (lynx); effects of potential road alignment along old highway 
location in terms of safety, effects to wetlands, impacts to private 
lands; what to do with the segment of the road that would be abandoned; 
effects of utilities installation along old Boomerang road on wildlife, 
and the redisturbance of the Boomerang road; and the effects of the 
proposed action on changing the character of the area.

Permits or Licenses Required

    Additional permits or licenses which may be required in addition to 
Forest

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Service authorizations include, but are not limited to the following: 
Permit from Colorado Department of Transportation for highway access; 
San Miguel County subdivision approval for the subdivision of private 
lands being accessed.

Comment Requested

    This notice of intent initiates the scoping process which guides 
the development of the environmental impact statement. Public scoping 
describing the proposed ANILCA access to Alta town-site is being 
initiated with this Notice of Intent. Comments from this scoping effort 
will be reviewed to identify potential issues for this analysis. While 
comments are welcome at any time, comments received within 45 days of 
the publication of this notice in the Federal Register will be most 
useful for the identification of issues and the analysis of 
alternatives. The name and mailing address of commenters should be 
provided with their comments so that future documents pertaining to 
this environmental analysis and the decision can be provided to 
interested parties.
    In the final EIS, the Forest Service will respond to any comments, 
received during the public review of the draft EIS, that pertain to the 
environmental analysis. Those comments and the Forest Service responses 
will be disclosed and discussed in the final EIS and will be considered 
when the final decision about this proposal is made.
    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. 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.

    Dated: June 4, 2009.
Sherry Hazelhurst,
Deputy Forest Supervisor.
[FR Doc. E9-14732 Filed 6-22-09; 8:45 am]
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