Cascade Pt. Access Rd. and Development, Tongass National Forest, Chatham Area, Juneau Ranger District, Juneau, AK

Federal RegisterJun 27, 1996

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DEPARTMENT OF AGRICULTURE

Forest Service

Cascade Pt. Access Rd. and Development, Tongass National Forest,

Chatham Area, Juneau Ranger District, Juneau, AK

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Department of Agriculture, Forest Service will prepare an

Environmental Impact Statement (EIS) to disclose the environmental

impacts of authorizing construction of approximately 3 miles of new

road on National Forest System (NFS) lands near Echo Cove,

approximately 40 miles north of Juneau, Alaska. The proposed action is

to issue a road easement authorizing Goldbelt, Inc., an urban Native

Corporation authorized by the Alaska Native Claims Settlement Act, to

construct a 28 ft. wide gravel road for the purpose of accessing

Goldbelt, Inc. private lands. Initial development on the private land

would include a 3 acre staging area and an equipment and log transfer

bulkhead on the beach. Although the development on private land would

not be subject to Forest Service authorization, it would require a US

Army, Corps of Engineers, Section 404 permit for fill in wetlands, as

well as a Section 10 permit for a structure below Mean High Water in

Berners Bay. Proposed road construction would also probably require a

Section 404 permit for fill in wetlands. Since the proposed road

construction would likely result in development on private land, both

will be considered in this EIS. The Corps of Engineers has consented to

be a cooperating agency.

Dunn Environmental Services, of Juneau Alaska, has been selected as

a 3rd party contractor to prepare the EIS.

The Forest Service is seeking information and comments from

Federal, State, and local agencies as well as individuals and

organizations who may be interested in, or affected by, the proposed

action.

DATES: Comments concerning the scope of this analysis should be

received on or before July 29, 1996.

ADDRESSES: Send written comments or requests for additional information

to: Jennette de Leeuw, USDA Forest Service, Juneau Ranger District,

8465 Old Dairy Rd., Juneau, Alaska, 99801, (907) 586-8800; or Art Dunn,

Dunn Environmental Services, 19890 Cohen Dr., Juneau Alaska 99801 (907)

463-3243.

SUPPLEMENTARY INFORMATION: The purpose and need for the proposed action

is to provide access to Goldbelt, for development of privately owned

lands in Echo Cove. Reasonably foreseeable actions on Goldbelt, Inc.

private land include: a fast ferry to Haines and Skagway; a lodge/

restaurant, a convenience store and gas station; electrical and water/

sewage facilities, and commercial fishing support facilities. A Master

Plan for Goldbelt, Inc. lands at Echo Cove has been submitted to the

City and Borough of Juneau for review and approval. The activities

mentioned above are described in detail in that document. Other

activities planned could include housing and related facilities for

workers at the historic Jualin Mine Exploration site, approximately 5

miles away. No proposal for development of the Jualin Mine has been

received, and only continued exploration at the site will be considered

as reasonably foreseeable.

The no action and proposed action alternatives will be considered,

as well as alternatives which address significant issues and meet the

purpose and need for the proposed action.

The proposed road alignment is located on a 100 ft. wide strip of

NFS land acquired from Goldbelt, Inc. in a land trade in 1984, to

preserve Forest Service land access to NFS lands to the north. An

Environmental Assessment for a proposed timber sale at that time also

examined several alternative alignments and chose this proposed

alignment as the most feasible.

Preliminary issues that have been identified include impacts to

recreational opportunities in Echo Cove and the National Forest System

lands around Berners Bay (Congressionally Legislated LUD II);

disruption of brown and black bear habitat, mountain goat wintering

habitat, and pacific herring spawning habitat; and visual and noise

impacts to Pt. Bridget State Park, approximately 2 miles west of

Cascade Pt.

Preliminary scoping comments on the proposal were solicited from

February 8 through March 1, 1996. An open house meeting was held on

February 8, 1996 in Centennial Hall, Juneau, Alaska. Over 70 written

comments were received in response to the meeting.

Because of this extensive public involvement and information from a

number of existing studies in the area for other proposals, the draft

EIS should be available for public distribution in late August of 1996.

The final EIS is scheduled to be completed in October of 1996. It is

anticipated that permit applicants for Sec. 404 and Sec. 10 Corps of

Engineers permits will be incorporated in the DEIS.

The comment period on the DEIS will be 45 days from the date the

Environmental Protection Agency publishes the notice of a availability

in the Federal Register.

Gary Morrison, the Forest Supervisor, Tongass National Forest,

Chatham Area, is the official responsible for making the decision. The

decision to be made is whether or not to issue a road easement for

construction of an access road on National Forest System land as

proposed, and if the easement is granted, decide the mitigation

measures that will be required. The US Army, Corps of Engineers will

issue a separate decision document, based on the

[[Page 33489]]

common EIS, regarding permits under their jurisdiction.

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 the 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 comment 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.

The Final EIS and Record of Decision is expected to be released in

August 1996. The Forest Supervisor, Chatham Area, Tongass National

Forest will, as the responsible official for the EIS, will make a

decision regarding this proposal considering the comments, responses,

and environmental consequences discussed in the Final Eis, and

applicable laws, regulations, and policies. The decision and supporting

reasons will be documented in the Record of Decision.

Dated: June 13, 1996.

Gary Morrison,

Forest Supervisor.

[FR Doc. 96-16364 Filed 6-26-96; 8:45 am]

BILLING CODE 3410-11-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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