Kerry and Caren Kennedy Road Right-of-Way; San Bernardino National Forest San Bernardino County, California; Intent To Prepare an Environmental Impact Statement

[Federal Register Volume 59, Number 188 (Thursday, September 29, 1994)]

[Unknown Section]

[Page 0]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 94-24090]

[[Page Unknown]]

[Federal Register: September 29, 1994]

VOL. 59, NO. 188

Thursday, September 29, 1994

DEPARTMENT OF AGRICULTURE

Forest Service

Kerry and Caren Kennedy Road Right-of-Way; San Bernardino

National Forest San Bernardino County, California; Intent To Prepare an

Environmental Impact Statement

The Department of Agriculture, Forest Service, will prepare an

Environmental Impact Statement (EIS) for the proposed road right-of-way

for Kerry and Caren Kennedy. Two environmental assessment (EA)

documents were prepared; the first dated August 4, 1993, and the second

dated December 23, 1993. There were four alternatives considered but

none could be selected because of impacts on California spotted owls.

The mitigation measures considered in the documents left uncertainty as

to whether a finding of no significant impacts could be made.

proposed action: The land, for which permanent access is sought, is

owned by the proponents, Kerry and Caren Kennedy. This project and

their land are located within the San Gorgonio Ranger District of the

San Bernardino National Forest. The Kennedy's require this access to

enable them to build three to four residences on their land. The

project involves approximately \3/4\-mile of road reconstruction and

less than \1/8\-mile of new road construction across National Forest

System lands. The Kennedy's property lies in the upper end of a box

canyon with steep side walls. Generally, the developable portion of the

property lies in and adjacent to the flood plain of Mill Creek. The

only reasonable access is via National Forest System lands. Currently,

the Kennedy's have a temporary right-of way permit. A portion of the

roadbed covered by the temporary permit is in the flood plain. The

range of alternatives will consider the level of road improvements

necessary to provide permanent access for residential development. The

EIS will be prepared pursuant to the National Environmental Policy Act

(NEPA), 42 U.S.C., Sec. 4332(2)(C), the National Forest Management Act

(NFMA), 16 U.S.C., Sec. 1604(i), Alaska National Interest Lands

Conservation Act (ANILCA), 16 U.S.C. Sec. 3210, and applicable

regulations implementing these laws.

possible alternatives: Four alternatives were developed for detailed

consideration. Alternative 1, was the ``no action'' alternative, which

is no change in the existing road. Alternative 2, is the proposed

action of upgrading and realigning Falls Road. Alternative 3, considers

grading and paving the existing road without widening or otherwise

improving it. Alternative 4, is similar to Alternative 2, in that it

would also relocate segments of the existing road and widen it, but

would only use a gravel, not paved, roadbed.

issues identified: Environmental issues which will be analyzed will be

limited to the individual and cumulative impacts of the proposed

development on the habitat of California spotted owls. The other

previously considered issues outlined in the environmental assessment

will not be reconsidered during this analysis, except as they are

associated with the impacts on spotted owls.

The Draft EIS is expected to be available for public review by

November 30, 1994. The comment period on the draft environmental impact

statement will be 45 days from the date the Environmental Protection

Agency publishes the notice of its 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. The final Environmental Impact Statement is expected to

be available about March 15, 1995.

dates: Comments are requested on this notice concerning the scope of

analysis of the draft SEIS. Comments must be received on or before

October 31, 1994.

public scoping: The Forest Service has previously conducted public

scoping on this proposal and no additional public scoping, beyond this

notice, is planned.

addresses: Submit written comments and suggestions concerning the scope

of the analysis for the Kerry and Caren Kennedy road right-of-way

proposal to Gene Zimmerman, Forest Supervisor, San Bernardino National

Forest, 1824 S. Commercenter Circle, San Bernardino, CA 92408-3430.

for further information contact: Direct questions about the proposed

action and preparation of the EIS of Hal Seyden, Planning Program

Leader, San Bernardino National Forest, 1824 South Commercenter Circle,

San Bernardino, CA 92408-3430 or call (909) 884-6634, extension 3160.

responsible official: Because the proposed action may violate regional

direction to protect all spotted owls, the responsible official is

Regional Forester G. Lynn Sprague, Pacific Southwest Region, 630

Sansome Street, San Francisco, CA 94111.

Dated: September 21, 1994.

Gene Zimmerman,

Forest Supervisor.

[FR Doc. 94-24090 Filed 9-28-94; 8:45 am]

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