Wild and Scenic River Suitability Study for the South Platte River and the North Fork of the South Platte River in Douglas, Jefferson, and Park Counties, CO

DEPARTMENT OF AGRICULTURE

Forest Service

Wild and Scenic River Suitability Study for the South Platte

River and the North Fork of the South Platte River in Douglas,

Jefferson, and Park Counties, CO

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare a legislative environmental impact

statement.

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SUMMARY: The USDA, Forest Service will prepare a wild and scenic river

study report and legislative environmental impact statement (LEIS) to

address the suitability of sections of the South Platte River and the

North Fork of the South Platte River primarily within the Pike National

Forest in Douglas, Jefferson, and Park counties, Colorado, for

inclusion into the National Wild and Scenic Rivers System. The Forest

Service invites written comments and suggestions on the management of

these river sections and the scope of this analysis. The agency gives

notice of the full environmental analysis and decision making process

that will occur in this study so that interested and affected people

are aware of how they may participate and contribute to the final

recommendation to Congress.

[[Page 57572]]

DATES: Comments concerning the study of these rivers should be received

by May 31, 1996. Send written comments and suggestions concerning the

management of this river to Rick D. Cables, Forest Supervisor, Pike and

San Isabel National Forests, Cimarron and Comanche National Grasslands,

1920 Valley Drive, Pueblo, Colorado 81008.

FOR FURTHER INFORMATION CONTACT:

Questions about the proposed action and draft LEIS should be directed

to Steve Davis, Wild and Scenic River Planning Team Leader, Pike and

San Isabel National Forests, Cimarron and Comanche National Grasslands,

1920 Valley Drive, Pueblo, Colorado 81008; telephone (719) 585-3714.

SUPPLEMENTARY INFORMATION: The Forest Service is studying these rivers

as required under Section 5(d)(1) of the Wild and Scenic Rivers Act of

1968 (Pub. L. 90-542, 82 Stat. 906, as amended; 16 U.S.C. 1271-1287).

Section 5(d)(1) allows for the study of new potential wild and scenic

rivers not designated under Section 3(a) or designated for study under

Section 5(a) of the Act. Section 5(d)(1) states ``In all planning for

the use and development of water and related land resources,

consideration shall be given by all Federal agencies involved to

potential national, wild, scenic, and recreational river areas''. The

study will consider a 22.8-mile segment of the South Platte River from

below Elevenmile Dam to the high water line of Cheeseman Reservoir, a

23-mile segment of the South Platte River from below Cheeseman Dam to

the high water line of Strontia Springs Reservoir, and a 23.1-mile

segment of the North Fork of the South Platte River from the upstream

boundary of the Berger property, near Insmont, downstream to its

confluence with the South Platte River, to include lands within \1/4\

mile from each stream bank. Preliminary alternatives include a wild and

scenic designation for each segment for the length of the proposal, and

an unsuitable for designation alternative. Other appropriate

alternatives may be considered.

Rick D. Cables, Forest Supervisor, Pike and San Isabel National

Forests, Comanche and Cimmarron National Grasslands is the responsible

official for preparing the suitability study. Dan Glickman, Secretary

of Agriculture, U.S. Department of Agriculture, Room 200-A,

Administration Building, Washington, DC 20250, is the responsible

official for recommendations for wild and scenic river designation.

Public participation is especially important at several points in

the study process. The first point is the scoping process (40 CFR

1501.7). The Forest Service is seeking information comments, and

assistance from Federal, State, and local agencies, individuals and

organizations who may be interested in or affected by the proposed

action. The public input will be used in preparation of the draft LEIS.

The draft LEIS is expected to be filed with the Environmental

Protection Agency (EPA), and available for public review by October,

1996. At that time, the EPA will publish a notice of availability of

the draft LEIS in the Federal Register.

The comment period on the draft LEIS will be 90 days from the date

the EPA's notice of availability appears in the Federal Register. It is

very important that those interested in the management of this river

participate at that time. To be the most helpful, comments on the draft

LEIS should be as specific as possible, and may address the adequacy of

the statement or the merits of the alternatives discussed (see The

Council on Environmental Quality Regulations for implementing the

procedural provisions of the National Environmental Policy Act, 40 CFR

1503.3). In addition, Federal court decisions have established that

reviewers of draft LEIS 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 LEIS stage

but that are not raised until after completion of the final LEIS may be

waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d

1016, 1022 (9th Cir. 1988) and Wisconsin Heritages, Inc. v. Harris, 490

F. Supp. 1334, 1338 (E.D. Wis. 1980). The reason for this is to ensure

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.

After the comment period ends on the draft LEIS, comments will be

analyzed and considered by the Forest Service in preparing the final

LEIS. In the final LEIS, the Forest Service will respond to comments

received (40 CFR 1503.4). The final LEIS is scheduled to be completed

by the end of October 1997. The Secretary will consider the comments,

responses, and consequences discussed in the LEIS, applicable laws,

regulations, and policies in making a recommendation to the President

regarding the suitability of these river segments for inclusion into

the National Wild and Scenic Rivers System. The final decision on

inclusion of a river in the National Wild and Scenic Rivers System

rests with the Congress of the United States.

Dated: November 9, 1995.

Tom L. Thompson,

Deputy Regional Forester.

[FR Doc. 95-28319 Filed 11-15-95; 8:45 am]

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