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

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A96-16364

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** June 27, 1996
- **Citation:** 61 FR 33488

## Text

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.

-----------------------------------------------------------------------

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

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-16364. Public record. Not legal advice.