Environmental Impact Statement for the Mad River Water Withdrawal and Sugarbush South Snowmaking and Trail Improvement Project; Green Mountain National Forest; Towns of Warren and Fayston; Washington County, VT

Federal RegisterJan 6, 1994

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DEPARTMENT OF AGRICULTURE

Forest Service

Environmental Impact Statement for the Mad River Water Withdrawal

and Sugarbush South Snowmaking and Trail Improvement Project; Green

Mountain National Forest; Towns of Warren and Fayston; Washington

County, VT

AGENCY: Forest Service, USDA.

The Forest Service is the lead agency for preparing the

Environmental Impact Statement. The U.S. Army Corps of Engineers, U.S.

Environmental Protection Agency, and U.S. Department of Interior--Fish

and Wildlife Service are cooperating agencies.

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

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SUMMARY: The U.S. Department of Agriculture, Forest Service will

prepare a Draft and Final Environmental Impact Statement to determine

whether to authorize additional snowmaking capability and trail

improvements at the Sugarbush South Ski Area as proposed by Snowridge,

Inc. Authorization of the trail improvements and snowmaking would

implement a portion of the Master Development Plan for the Sugarbush

Valley Winter Sports Area, approved on July 14, 1983. The proposed use

and activities are consistent with the Land and Resource Management

Plan for the Green Mountain National Forest and the current Special Use

Permit for operation of the Sugarbush Ski Resort. Authorization would

require an amendment to the Master Development Plan for the Sugarbush

Valley Winter Sports Area so that the Master Development Plan

identifies the water source for snowmaking and the schedule for water

withdrawal. The Master Development Plan would also be amended to

accurately show the approved trail configuration and anticipated

development schedule.

Sugarbush is a winter sports complex operated by Snowridge, Inc.

and located on both private lands and National Forest System lands.

There are about 2,100 acres at Sugarbush South, the area where this

project is proposed. Of that 2,100 acres, about 1825 acres are National

Forest System lands.

The purpose of the actions proposed by Snowridge, Inc. is to

improve the quality of winter sports recreation opportunities at

Sugarbush South by installing snowmaking equipment and facilities that

would provide coverage over at least 70% of the ski trails, and by

constructing widening, and grading the trail system so that there is

improved skier traffic flow and safety. Improved trail design would

also offer a better mix of opportunities for novice, intermediate,

advanced, and expert skiers.

Additional snowmaking is needed because Sugarbush South currently

has snowmaking coverage on only 38% of the ski trails. Natural snowfall

is inconsistent and often inadequate during a typical Vermont winter.

Predictable snow coverage is needed if Sugarbush is to consistently

provide quality winter sports recreation opportunities, be attractive

to skiers, and remain competitive with other major ski areas in New

England. Increased snowmaking will also relieve skier traffic

congestion problems and improve skier safety by providing more

opportunities for skiers to disperse over many trails.

Trail widening is needed so that snow grooming equipment can be

used and to relieve ``bottle-necks'' where skiers merge. Trail

construction is needed to improve inter-connections among trails,

improve skier traffic flow, and increase the number of intermediate and

advanced trails so that the variety of skier experiences available is

better geared to families and groups made up of skiers with different

ability levels.

The proposed action is to: (1) Construct and operate a water

withdrawal facility on the Mad River including a removable weir, a

permanent Parshall flume and two intake structures; (2) Withdraw for

snowmaking use an estimated 300-420 million gallons of water per year

(the estimated average is 380 Million gallons per year) from the Mad

River under a schedule which will prohibit withdrawals that would

reduce flows to less than the February median flow rate (0.79 csm); (3)

Construct and operate a 13-acre water storage pond located adjacent to

the Mad River and having a capacity of approximately 55 to 60 million

gallons; (4) Construct and operate pumping facilities adjacent to the

water storage pond; (5) Construct a 15 foot wide, 1,800 foot long

gravel access road from Highway 100 to the pond site; (6) Construct and

operate about 3.3 miles of buried 16-inch pipeline to transport water

from the storage pond to the snowmaking facilities at Sugarbush South;

(7) Construct and operate a new snowmaking facility located in the

vicinity of the existing vehicle maintenance shop. This is a building

housing the pumps, compressors, and control system used for snowmaking;

(8) Install approximately 90,000 feet of buried pipelines and hydrants

along 24 trails at Sugarbush South and operate for snowmaking; (9) Use

water from the Mad River source and the existing source on Clay Brook

for snowmaking on an additional 157 acres of ski trails; and (10) Widen

24 trails, widen 2 lift lines, construct 6 new trails, and grade

several existing trails. Total widening and trail construction will add

100 acres of skiable terrain.

Both the Forest Service and the U.S. Army Corps of Engineers have

decisions to make with respect to the proposal. The Forest Service must

decide whether to authorize the project under the Special Use Permit

and whether to approve amendments to the Master Development Plan for

the Sugarbush Valley Winter Sports Area. The U.S. Army Corps of

Engineers must make a decision as to whether to issue a permit under

Section 404 of the Clean Water Act to authorize the Mad River water

withdrawal structures, holding pond, access road and fill.

The purpose of the Environmental Impact Statement is to determine

the environmental effects of the proposed action and of any reasonable

alternatives actions that would also achieve the purpose and need while

addressing significant issues raised through public comment and agency

review.

The alternatives may include any combination of feasible water

withdrawal sources; water storage sites; and water withdrawal schedules

on source rivers or brooks as long as those alternatives would achieve

the purpose and need for this proposal while addressing significant

issues that are identified during the analysis. Alternatives may

include different trail configurations if significant concerns are

raised about the trail improvements being proposed. The analysis will

include a discussion of cumulative effects of all water withdrawals in

the area affected by this proposal, including the current withdrawal at

Clay Brook, the proposed withdrawal on Mad River, and any alternative

water withdrawals that are identified.

This Environmental Impact Statement and analysis will not

reconsider the overall development plans for the Sugarbush Valley

Winter Sports Areas as described in the Master Development Plan

approved on July 14, 1983. Forest Supervisor Terry Hoffman completed a

review of that Master Development Plan on September 30, 1993. The

Forest Supervisor determined that there is no need to change the

overall development plan or supplement the 1983 Environmental Impact

Statement that was prepared in support of that Plan, except for

specific amendments to the Master Development Plan associated with the

proposal from Snowridge Inc. to use the Mad River as a water source for

snowmaking, increase the volume of water used for snowmaking, and

revise the trail map (or the alternative to this proposal as selected

by the Forest Service). Those specific amendments are the focus and

scope of the Environmental Impact Statement that will be prepared.

The purpose of this Notice is to inform you that the Forest

Service, with assistance from the U.S. Fish and Wildlife Service, U.S.

Environmental Protection Agency, and U.S. Army Corp of Engineers is

soliciting your comments and concerns about this proposed action.

The environmental analysis and decision-making process will include

opportunities for public participation and comment so that people

interested in this proposal may contribute to the final decision.

The Forest Service will host an open house to be held at the

Waitsfield Elementary School, Waitsfield, Vermont, from 6:00 PM to 8:00

PM on Monday January 24, 1994. The purpose of this open house is to

discuss and answer questions about the project proposal, the analysis

process that will be conducted by the Forest Service and cooperating

agencies, and the ways that people can best participate in the analysis

and decision-making process.

Public participation will be welcome throughout the analysis, but

is especially important at two points. The first point is during the

scoping process (40 CFR 1501.7). The agency is now seeking written

comments and suggestions on the scope of the analysis. Comments

relevant to scoping include: (1) identifying potential issues, (2)

identifying those issues to be analyzed in depth, (3) eliminating

insignificant issues or those which have been covered by a previous

environmental analysis, (4) identifying additional alternatives to the

proposed action that should be considered, (5) identifying potential

environmental effects of the proposed action and alternatives, and (6)

determining task assignments among the lead and cooperating agencies.

General notice to the public concerning the scope of the analysis will

be provided by mailings, news releases and/or public meetings. The

second point when public participation is most important is during the

public comment period on the Draft Environmental Impact Statement.

DATES: Comments related to the scope of the analysis should be received

by February 18, 1994 to ensure timely consideration.

ADDRESSES: Submit written comments and suggestions related to the scope

of analysis to Terry Hoffman, Forest Supervisor, Green Mountain

National Forest, 231 N. Main Street, Rutland, VT 05701.

FOR FURTHER INFORMATION CONTACT:

Direct questions about the proposed action and EIS to Sam Emmons, Green

Mountain National Forest, 231 N. Main Street, Rutland, VT 05701, (phone

802-747-6757).

SUPPLEMENTARY INFORMATION: Sugarbush is a winter sports area which has

operated by Special Use Permit since 1958 on National Forest System

lands administered by the Green Mountain National Forest. Most of the

base lodge facilities are on provide lands, but some of the base

facilities and many of the lifts and trails are located on National

Forest System lands. Sugarbush encompasses about 6,000 acres, of which

a little over 1,825 acres are on National Forest System lands at

Sugarbush South (about 30%).

Sugarbush operates in accordance with the Master Development Plan

for the Sugarbush Valley Winter Sports Area, which was approved by the

Forest Service on July 14, 1983. Specific operations on National Forest

System lands are authorized under a Special Use Permit issued by the

Forest Service on December 9, 1988.

The proposed action is consistent with the long-range goals for

this area as defined in the Land and Resource Management Plan for the

Green Mountain National Forest. That Forest Plan was approved on

January 15, 1987. Under that Forest Plan, the area encompassed by the

Suguarbush Ski Area is assigned to management under prescription 7.1A.

This management prescription emphasizes highly developed areas,

including downhill ski areas. The purpose of prescription 7.1A is to

provide opportunities for recreation requiring highly developed

structures and facilities, maintain a visually appealing landscape, and

manage for other resources and uses in a compatible way. The Forest

Service does not anticipate the need for any amendments to the Land and

Resource Management Plan as a result of this snowmaking proposal.

On September 30, 1993, the Forest Service completed a review of an

Environmental Impact Statement completed in 1983 and the Master

Development Plan which was approved based on that Environmental Impact

Statement. Based on that review, the Forest Supervisor determined that

there was no need to supplement the 1983 Environmental Impact Statement

or revise the Master Development Plan except for amendments to the

Master Development Plan that may result from the analysis of the Mad

River water withdrawal proposal.

Four amendments to the Master Development Plan would likely be

required if the project proposal is approved: (1) Identify the Mad

River as a source of water for snowmaking; (2) Identify the anticipated

schedules and volumes for water withdrawal and any restrictions or

requirements related to snowmaking water withdrawal; (3) Revise the

Master Development Plan trails map so that it accurately displays the

approved trail configuration for Sugarbush South; and (4) Update the

Development Schedule (Appendix C in the Master Development Plan) so

that it shows current estimates of completion dates for each phase of

the previously approved development at Sugarbush.

The proposed snowmaking facilities, trail widening, construction,

and improvement, and the actual snowmaking itself, would be located on

National Forest System land operated under special use permit. Approval

of these actions which would occur on National Forest System lands

requires Forest Service authorization under the Special Use Permit.

The Department of the Army permit program is authorized by section

10 of the Rivers and Harbors Act of 1899, section 404 of the Clean

Water Act, and section 103 of the Marine Protection Research and

Sanctuaries Act. These laws require permits authorizing activities in

or affecting navigable waters of the United States, the discharge of

dredged or fill materials into waters of the United States, and the

transportation of dredged material for the purpose of dumping it into

ocean waters. The Corps must make a decision as to whether to issue a

section 404 permit for activities associated with the Mad River water

withdrawal. These activities include water withdrawal structures,

holding pond, access road, and fill. The proposed water withdrawal

site, storage pond, access road and most of the pipeline to the

snowmaking facility would be located on private lands.

Several permits, certificates, or authorizations through the review

processes established for the State of Vermont are also required to

implement the proposed action. The District Environmental Commission

must issue permits under the State of Vermont's Act 250 for various

phases of the project. A 401 Certificate must be issued by the State

Division of Water Quality. A Dam Permit must be issued by the State

Agency of Natural Resources. At this time, all permits or

authorizations required by the State of Vermont have been granted,

except for one Act 250 permit to approve the trial improvements.

Until a Record of Decision based on this EIS is issued, the

Sugarbush Ski Area will continue to be managed according to the terms

and conditions of the Land and Resource Management Plan for the Green

Mountain National Forest, the Master Development Plan for the Sugarbush

Valley Winter Sports Area, and the Special Use Permit.

A range of reasonable alternatives to the proposed action will be

considered in the analysis. Reasonable alternatives are those which

fulfill the purpose and need for the proposals and address significant

issues that are identified during the scoping process. The analysis may

include an evaluation of feasible alternative water sources or storage

sites which could be used either separately or in combination to meet

snowmaking objectives while reducing or avoiding impacts to the aquatic

environment. Only one specific alternative to the proposed action has

been identified at this time. That is the ``no action'' alternative. If

the ``no action'' alternative were selected, the proposed project would

not take place at this time. Other alternatives will be developed based

on the results of scoping.

The analysis will address major issues and concerns about the

proposed action and alternatives and will disclose the direct and

indirect impacts related to those issues. The following tentative

issues have been identified: (1) Impacts to wetlands and floodplains;

(2) Impacts to waterways; (3) Impacts to cultural resource; (4) Impacts

to streams from increased snowpack and runoff; (5) Impacts to

fisheries; (6) Effect on the suitability of the Mad River for inclusion

in the national system of Wild and Scenic Rivers; (7) Effect on

recreation opportunities, specifically skiing and winter sports at

Sugarbush South; (8) Effects on visual quality, and (9) Impacts to the

local economy.

The Draft Environmental Impact Statement is expected to be filed

with the Environmental Protection Agency and to be available for public

review in the summer of 1994. At that time, the Environmental

Protection Agency will publish a Notice of Availability in the Federal

Register.

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 it is important to give reviewers

notice at this early stage 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. 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.

After the comment period ends on the Draft Environmental Impact

Statement, the comments will be analyzed and considered by the agency

in preparing the Final Environmental Impact Statement.

The Final Environmental Impact Statement is scheduled to be

completed and available to the public approximately 5 months following

the close of the review period for the Draft Environmental Impact

Statement. The responsible Forest Service official will document the

decision and the reasons supporting it in a Record of Decision. That

decision will be subject to appeal pursuant to 36 CFR part 215.

A separate decision will be made by the U.S. Army Corps of

Engineers concerning the issuance of permits under section 404 of the

Clean Water Act.

The Forest Service official responsible for approving the proposed

action is Terry Hoffman, Forest Supervisor, Green Mountain National

Forest, 231 North Main Street, Rutland, VT 05701.

Dated: December 21, 1993.

Terry W. Hoffman,

Forest Supervisor.

[FR Doc. 94-407 Filed 1-5-94; 8:45 am]

BILLING CODE 3410-11-M

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