Upper Ocoee River Recreation Management, Ocoee Ranger District, Cherokee National Forest, Polk County, TN

DEPARTMENT OF AGRICULTURE

Forest Service

Upper Ocoee River Recreation Management, Ocoee Ranger District,

Cherokee National Forest, Polk County, TN

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Forest Service will prepare an environmental impact

statement on a proposed action to construct and administer new

dispersed and developed recreational facilities in the upper Ocoee

River Corridor. Included in the analysis and decision making process is

the future management of the facilities being constructed for pre-

Olympic and Olympic events in connection with the 1996 Olympic Slamlom

Canoe and Kayak events.

The Forest Service, Tennessee Valley Authority (TVA), and State of

Tennessee Department of Environment and Conservation (State hereafter)

jointly manage commercial and noncommercial recreational use on

sections of the lower Ocoee River, the management of which is not part

of this analysis. The Forest Service is the lead agency responsible for

preparing the environmental impact statement, since the focus of the

analysis centers on lands administered by the Cherokee National Forest.

The Tennessee Valley Authority will participate as a cooperating agency

in the environmental analysis. TVA has responsibility for providing

approval under section 26a of the TVA Act for construction of water use

facilities and for managing water flows within the Ocoee River

watershed for power generation. The State of Tennessee has a strong

interest in the Ocoee Region and will provide valuable resource

information during the environmental analysis.

The Forest Service gives notice and invites comment on the scope of

the environmental analysis and decisionmaking process. This will ensure

that interested and affected individuals, groups, organizations, and

agencies have the opportunity to participate in and contribute to the

environmental analysis and decision making process.

DATES: Comments should be received by November 6, 1995, to ensure

timely consideration.

ADDRESSES: Send written comments to Dave Carroll, Future Use Team

Leader, Cherokee National Forest, P.O. Box 2010, Cleveland, TN 37320.

FOR FURTHER INFORMATION CONTACT:

Dave Carroll, NEPA Coordinator, (423) 476-9700.

SUPPLEMENTARY INFORMATION: On March 23, Forest Supervisor John F. Ramey

signed a Record of Decision (ROD) authorizing the construction of the

Olympic Canoe and Kayak Slalom Venue on the Ocoee River within the

Cherokee National Forest. The venue which is still under construction

consists of a 1700 foot competitive channel, a 7600 square foot

administrative building and two bridges across the Ocoee River. The ROD

did not make a decision concerning the use of the venue site beyond the

Olympic games because of uncertainties connected with water

availability. As a cooperating agency, TVA issued its own ROD on May

18, 1994 granting 26a approval for construction of the venue and other

facilities within the 100 year floodplain and authorizing water release

for pre-Olympic and Olympic events. At the time both RODs were signed,

it was recognized that the facilities could possibly be used for

athlete training, future competitive events and general recreational

use. However, any proposed use of the facilities beyond the 1996

Olympic games would require additional environmental analysis.

In addition to the recreational aspects of the Venue, there are

additional opportunities in the Upper Ocoee River corridor for

recreational development. The existing recreational facilities within

the lower Ocoee River corridor are approaching maximum use capacity.

The growing public demand for recreational areas requires facilities

that will provide quality developed and dispersed recreational

opportunities while protecting the natural beauty and resources of the

area. Use on the lower Ocoee so far this summer is thirty percent

greater than for the same period in 1994. Over 230,000 people have used

the services of commercial outfitters and an estimated 30,000

recreational boaters have paddled the lower Ocoee. Forest Service

developed swimming areas and campgrounds are heavily used. Parking

areas are generally filled to overflowing and pullouts along U.S.

Highway 64 are heavily used for parking. There is high demand for

water-based recreational access to the deep, blue-green pools that

occur within the upper Ocoee River channel. This area is used by local

residents as well as tourists. DECISIONS TO BE MADE: The following

decisions are to be made upon completion of the environmental analysis

by the Forest Service and TVA. The decisions to be made by the Forest

Service are:

1. Whether to construct additional dispersed and developed

recreation facilities and if facilities are developed, where they will

be located. Facilities include trails, picnic areas, campgrounds, river

access roads or tails, and launch facilities for kayakers, canoers,

tubers, and rafters.

2. Whether commercial outfitting and associated facilities such as

parking areas, change houses, and put-ins and take-outs will be allowed

on National Forest System lands.

3. Whether to allow future competitive use of the Olympic venue

(venue includes all facilities constructed for the Olympic competition)

and under what conditions any such use would be allowed.

The decisions to be made by TVA are:

1. Whether to provide section 26a approval of proposed facilities.

2. Whether to provide water releases on the Upper Ocoee for post

Olympic competitive, recreational and/or commercial uses of the river.

Scoping

Preliminary scoping between TVA and Forest Service personnel has

identified the following preliminary issues related to development of

the upper Ocoee River:

1. What are the appropriate opportunities within the upper river

corridor;

2. What are the effects of additional recreational use within the

upper Ocoee corridor on the adjacent Little Frog Wilderness and the

wilderness experience;

3. What are the short-term and long-term effects of increased

recreational development on the local and regional demographics and

economies;

4. What are the effects of increased visitation on river

management, commercial outfitters, private users, and natural and

heritage resources within the river corridor;

5. What impact will increased development have on fish and wildlife

habitat especially, threatened and endangered species;

6. How will water quality be affected by increased visitation and

by scheduled water releases;

7. What impact will increased demand for downstream recreational

water have on upstream reservoirs;

8. What are the effects on the complexity and cost of TVA's water

management and power generation

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systems of scheduled water releases from Dam Number 3;

9. Will scheduled water releases into the Ocoee River channel

between Dam Number 3 and Dam Number 2 impact the re-establishment of

aquatic life in this section of river and if so will this affect

operation of TVA's Toccoa/Ocoee River power generation operations; and

10. How will transportation facilities in the general area be

affected.

In preparing the environmental impact statement, a range of

alternatives will be considered to meet the purpose and need for the

proposed action including at a minimum, the proposed action and the no

action alternatives. Additional alternatives may be developed to

address significant issues received during the scoping process. The EIS

will disclose the direct, indirect, and cumulative effects of

implementing each of the alternatives.

Development of recreation opportunities may impact the floodplain

of the Ocoee River. Consonant with Executive Order 11988, Floodplain

Management Guidelines, the environmental impact statement will analyze

and disclose impacts to floodplains and the potential effects of

facility construction within the Ocoee River floodplain.

Public participation will be especially important at several points

during the analysis process. The first point in the analysis is the

scoping process (40 CFR 1501.7). The scoping process includes, but is

not limited to:

(1) Identifying potential issues,

(2) Identifying issues to be analyzed in depth,

(3) Eliminating insignificant issues or those which have been

covered by a relevant previous environmental analysis,

(4) Exploring additional alternatives, and

(5) Identifying potential environmental effects (i.e., direct,

indirect, and cumulative) of the alternatives.

The Forest Service is seeking information, comments, and assistance

from Federal, State and local agencies, and other individuals or

organizations who may be interested in or affected by the proposal.

This information will be used in the preparation of the draft

environmental impact statement. Notification letters will be sent to

all known interested and/or affected parties and the media to solicit

public participation.

Public briefings will be held to provide information and to gather

issues and concerns on the proposed action. When the dates and

locations of workshops have been determined, this information will be

made known through local media, direct contact with known interested

publics, and direct mailings.

The draft environmental impact statement is expected to be filed

with the Environmental Protection Agency (EPA) and to be available for

public review by March 1996. At that time, EPA will publish a notice of

availability of the draft environmental impact statement 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, at this early stage, it is important

to give reviewers notice of several court rulings related to public

participation in the environmental review process. Upon release of the

draft environmental impact statement, projected for March 1996,

reviewers must structure their participation in the environmental

review of the proposal so that it is meaningful and alerts an agency to

the reviewers 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, Supp. 1334 (E.D. Wis. 1980)

Because of these court rulings, it is very important that those

interested in this proposal 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, considered, and responded to

by Agencies in preparing the final environmental impact statement. The

final environmental impact statement is scheduled to be completed by

June 1996.

The responsible official will consider the comments, responses, and

environmental consequences disclosed in the final environmental impact

statement, and applicable laws, regulations, and policies in making a

decision regarding this proposal. The responsible official will

document the decision made and reasons for the decision in a Record of

Decision.

The responsible official is John F. Ramey, Forest Supervisor,

Cherokee National Forest, P.O. Box 2010, Cleveland, TN 37320.

Dated: September 8, 1995.

John F. Ramey,

Forest Supervisor.

[FR Doc. 95-23704 Filed 9-26-95; 8:45 am]

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