Loon Mountain Ski Area Improvements and Expansion

DEPARTMENT OF AGRICULTURE

Forest Service

Loon Mountain Ski Area Improvements and Expansion

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare a Supplement to the Loon Mountain

Ski Area South Mountain Expansion Project Final Environmental Impact

Statement.

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

prepare a Supplement to the Loon Mountain Ski Area South Mountain

Expansion Project Final Environmental Impact Statement (FEIS) for Loon

Mountain Recreation Corporation's proposal to improve and expand

recreational facilities at Loon Mountain Ski Area. The project area is

located on the Pemigewasset Ranger District of the White Mountain

National Forest, Grafton County, New Hampshire. The agency invites

written comments that are specific to new information or changed

conditions that pertain to the proposed action in respect to the

issues, affected environment, and environmental effects as they were

disclosed in the original FEIS.

DATES: Written comments concerning the scope of the analysis should be

received on or before September 15, 1998.

ADDRESSES: Send written comments to Beth LeClair, Eastern Region Winter

Sports Team Leader, U.S. Forest Service, RR 2, Box 35, Rochester,

Vermont 05767. Donna Hepp, Forest Supervisor, White Mountain National

Forest, Federal Building, 719 Main Street, Laconia, New Hampshire 03246

is the Responsible Official for this Supplement to the FEIS.

FOR FURTHER INFORMATION CONTACT:

Jay Strand, Project Coordinator, U.S. Forest Service, RR 2, Box 35,

Rochester, Vermont 05767; voice and TTY phone (802) 767-4261; FAX (802)

767-4777; E-mail, jstrand/[email protected].

SUPPLEMENTARY INFORMATION: Loon Mountain Recreation Corporation (LMRC)

operates Loon Mountain Ski Area, a portion of which is under a special

use permit on the White Mountain National Forest (WMNF). The total

acres under the existing 1976 special use permit on National Forest

lands is 785 acres. In 1986, LMRC submitted a proposal to develop and

expand the existing ski area to meet the demand for additional skiing

on the WMNF, and meet the demand for more capacity at Loon Mountain Ski

Area. The environmental effects on the proposal and five alternatives

were disclosed and documented in the Loon Mountain Ski Area South

Mountain Expansion Project FEIS which was completed in late 1992. The

Record of Decision (ROD) was issued on March 1, 1993 and authorized the

implementation of Alternative 6 to meet the stated purpose and need.

The 1993 ROD was litigated and the subsequent court ruling found

that parts of the FEIS analysis were inadequate. Specifically, the

court found that: (1) The public did not have an opportunity to review

and comment on Alternative 6 before its selection in the ROD; and (2)

the FEIS did not include a reasonable range of alternatives in the

analysis, in particular the alternative that water storage ponds be

used for snowmaking needs. A court order dated May 5, 1997 invalidated

the 1993 ROD and prohibited any further activities related to

Alternative 6 pending the outcome of a new analysis and ROD that

addresses the identified FEIS inadequacies. The No Action Alternative

for this analysis would include the removal of all approved and

constructed improvements related to the 1993 ROD.

The purpose and need for LMRC's current proposal is essentially the

same as the original purpose and need for the expansion activities

disclosed in the 1992 FEIS. However, the original preferred alternative

(Alternative 6) has been modified in order for the proposal to: (1)

Meet the intentions of the May 5, 1997 Court Order; (2) respond to

current conditions at Loon Mountain Ski Area; (3) reflect changed ski

market demands; (4) reflect changed ski industry technology; and (5)

include new information that is available for this analysis.

Change ski market expectations and new ski industry technology have

created market conditions that are different than those existing when

the 1993 ROD was released. Destination ski resorts such as Loom

Mountain Ski Area compete in a skier market that expects a quality

skiing experience. Ski resorts need a proper mixture and variety of ski

terrain that caters to all ability levels with support facilities (i.e.

lifts, lodges and parking) that provides a multiple day destination

resort opportunity. Additionally, the amount of snow coverage and depth

needed on ski terrain has changed to meet today's desired skier demands

necessitated by developments such as snowboards and shaped skis. New

England area

[[Page 41542]]

destination ski resorts need the ability to make machine-made snow that

ensures an initial coverage of ski trails before the December holiday

season, and additional coverage to respond to thawing and trail wear.

Currently, Loon Mountain Ski Area is not able to provide the skiing

product necessary that will secure the market share needed to remain an

economically viable destination ski resort. The proposal as modified

from the original Alternative 6 provides the complete development and

expansion activities needed to improve the efficiency and function of

the existing resort facilities. This will provide the quality winter

recreation experience visitors have grown to expect at Loon Mountain

Ski and on National Forest lands, while meeting both the original and

current purpose and need.

On January 26, 1998, LMRC submitted a proposal to improve and

expand the Loon Mountain Ski Area, and on May 14, 1998 amended to

proposal. The scope of their proposal includes ten categories: (1)

Expansion of the existing special use permit (SUP) area by 581 acres of

a total of 1,366 acres; (2) construction of six new ski trails and a

free style jump (30.9 acres), widening of many existing ski trails

(20.1 acres), and reconfiguration of the Lower Speakeasy Trail system

within the existing SUP area, and construction of six new trails (73.2

acres) within the expanded SUP area; (3) construction of one new J-bar

lift on private land, realignment of two existing lifts, and upgrade of

all existing lifts within the existing SUP area, and the construction

of two new chairlifts within the expanded SUP area; (4) expansion of

existing buildings on private land and within the existing SUP area,

and construction of a base area and lodge for the expanded SUP area on

private land; (5) expansion of existing parking lots and construction

of new parking facilities on private land; (6) provision to meet a

snowmaking water demand target of 435 million gallons in 85% of the

years for complete coverage for 382.3 acres of ski terrain on both the

existing and expanded SUP areas; (7) provision to continue water

withdrawals within levels currently authorized from the East Branch of

the Pemigewasset River, Boyle Brook, and Loon Pond for snowmaking

needs; (8) installation of a 20-inch diameter pipeline, pumps and

facilities to serve the expanded SUP area, and expansion of the

existing pipelines and facilities on private land and the existing SUP

area for complete snowmaking coverage of the entire Loon Mountain ski

terrain; (9) construction of multiple water storage ponds with a total

capacity of 220 million gallons on private land to supplement

snowmaking water needs; and (10) increasing the existing skier

comfortable carrying capacity from 5,800 to 9,000. The Forest Service

assumes that category nine may necessitate a provision to authorize the

withdrawal of water from the Main Stem of the Pemigewassset River, if

certain pond sites are included in this analysis.

The proposal is needed to achieve the following objectives: (1)

Meet the intention of the May 5, 1997 Court Order; (2) provide the

proper mixture of ski terrain, support facilities, and snowmaking

coverage that meets current and anticipated skier market demands; (3)

ensure Loon Mountain Ski Area remains a viable destination ski resort;

and (4) achieve Forest Service goals by providing a unique and quality

recreation experience for National Forest visitors. The site-specific

environmental analysis provided by the Supplement to the FEIS will

assist the Responsible Official in determining whether the proposal, or

alternatives to the proposals, best meet the objectives of the proposal

while addressing public concerns and issues.

The proposed actions within the existing SUP area are within

Management Area (MA) 7.1 as described in the WMNF Land and Resource

Management Plan (Forest Plan). Actions within the proposed expanded SUP

area are within MA 9.2. All actions meet the objectives for these MA's,

and are fully consistent with Forest Plan standards and guidelines. The

lands within the expanded SUP area would be redesignated as MA 7.1 if

this proposal is implemented.

Potential permits and licenses required to implement the proposal

may include the following: (1) Special Use Permit from the Forest

Service; (2) Section 404 permit from the U.S. Army Corps of Engineers;

(3) National Pollution Discharge Elimination System permit and

Stormwater Permit from the U.S. Environmental Protection Agency; and

(4) Significant Alteration of Terrain Permit, Section 401 Permit, Dam

Permit, and Stormwater Permit from the New Hampshire Department of

Environmental Services. Any additional permits needed from other Local,

State, or Federal agencies will be identified during the analysis

process. In addition, consultation with the U.S. Fish and Wildlife

Service for compliance with Section 7 of the Endangered Species Act,

and any assistance and cooperation from other agencies will be

conducted if necessary.

Tentative issues related to the proposal which have been identified

are: (1) Water demand target for snowmaking needs; (2) configuration

and options of water sources for snowmaking; (3) wetland impacts from

water storage pond construction; (4) impacts to various resources (i.e.

soils, water quality, wildlife and aquatic habitat, threatened,

endangered, and sensitive plants and animals, visual, and cultural

sites); and (5) socioeconomic impacts to the local community (i.e.

dependent businesses, traffic congestion, infrastructure demands). In

preparing the Supplement to the FEIS, the Forest Service will consider

the proposal against a range of feasible and practicable alternatives

including the No Action Alternative. Alternatives to the proposal may

be developed to address issues based on public comments.

Public participation will be incorporated into the preparation of

the Supplement to the FEIS under the provisions of NEPA. Although

scoping is not required in the preparation of a supplement to an EIS,

the Forest Service will be seeking new or additional information,

comments, and assistance from Federal, State, and Local agencies, as

well as other individuals or groups who may be interested or affected

by the proposed action. Comments will be invited that are specific to

new information or changed conditions that pertain to the proposed

action in respect to the issues, affected environment, and

environmental effects as they were disclosed in the original FEIS. This

information will be used to help further define the limits of the

analysis of the proposal while preparing the Supplement to the FEIS.

Public meetings will be held to assist the public involvement process.

The exact locations and dates of these meetings will be published in

the local newspapers at least two weeks in advance.

The State of New Hampshire Department of Environmental Services,

New Hampshire Fish and Game Department, U.S. Army Corps of Engineers,

and U.S. Environmental Protection Agency (EPA) have been invited to be

cooperating agencies. The U.S. Fish and Wildlife Service has been

invited to be a participating agency. The New Hampshire Department of

Resources and Economic Development, and the Towns of Lincoln and

Woodstock, New Hampshire have been invited to assist in the analysis

process.

The Draft Supplement to the FEIS is expected to be filed with the

EPA in the Winter of 1998-1999. The Forest Service will seek comments

on the Draft

[[Page 41543]]

Supplement to the FEIS for a period of at least 45 days from the date

the EPA publishes the Notice of Availability in the Federal Register.

Public meeting dates during the public comment period will be

advertised in the media. Please note that comments in response to this

NOI and in response to the draft supplement will be regarded as public

information.

The Forest Service believes, at this early stage, it is important

to give reviewers notice of court rulings related to public

participation in the environmental review process. First, reviewers of

draft environmental impact statements (in this case a draft supplement

to the environmental impact statement) 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 supplement stage but that are not raised until after completion

of the final supplement 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 comments and objections are made

available to the Forest Service at a time when they can meaningfully

consider them and respond to them in the final supplement.

To assist the Forest Service in identifying and considering issues

and concerns on the proposed action and alternatives, comments on the

draft supplement should be as specific as possible. It is also helpful

if comments refer to specific pages or chapters of the draft

supplement. Comments may also address the adequacy of the draft

supplement 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 Supplement to the FEIS,

the comments will be analyzed and considered by the Forest Service in

preparing the Final Supplement to the FEIS. The Final Supplement to the

FEIS is scheduled to be completed by the Spring of 1999. The Forest

Service is required to respond to the comments received in the Final

Supplement to the FEIS (40 CFR 1503.4).

The Responsible Official will consider the comments, responses, and

environmental consequences discussed in the Final Supplement to the

FEIS, and applicable laws, regulations, and policies when making a

decision regarding this proposal. The Responsible Official will

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

Decision. The decision will be subject to appeal under 36 CFR 217 and

36 CFR 251.

Dated: July 28, 1998.

Donna Hepp,

Forest Supervisor.

[FR Doc. 98-20744 Filed 8-3-98; 8:45 am]

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