# Keystone Resort, Jones Gulch Development; White River National Forest, Summit County, Colorado > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A98-31697 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** November 30, 1998 - **Citation:** 63 FR 65745 ## Text DEPARTMENT OF AGRICULTURE Forest Service Keystone Resort, Jones Gulch Development; White River National Forest, Summit County, Colorado AGENCY: Forest Service, USDA. ACTION: Notice of Intent to prepare an Environmental Impact Statement, correction. ----------------------------------------------------------------------- SUMMARY: The USDA, Forest Service published a Notice of Intent to prepare an Environmental Impact Statement (EIS) on November 10, 1998, 63 FR 63024-63025. Under the Public Involvement and Scoping section on page 63025, an error was made by not identifying specific months for anticipated completion of both the draft and final EIS. In addition, the length of the comment period for the Draft EIS was incorrect. Finally, the standard paragraphs required in Notices of Intent was also inadvertently omitted. This document corrects those errors. DATES: Written scoping comments and suggestions should be postmarked or received by the Dillon Ranger District no later than December 10, 1998. Send comments to Michael Liu, Attn: Keystone, Dillon Ranger District, P.O. Box 620, Silverthorne, Colorado, 80498, fax (970) 468-7735. FOR FURTHER INFORMATION CONTACT: Michael Liu, Special Projects Coordinator, Dillon Ranger District, phone (970) 262-3440. SUPPLEMENTARY INFORMATION: Make the following correction in the Notice of Intent published on November 10, 1998. On page 63025, the last paragraph under the Public Involvement and Scoping section should be deleted and the following sections inserted. Estimated Dates For Filing The Draft EIS is expected to be filed with the Environmental Protection Agency (EPA) and available for public review by April 1999. At that time, EPA will publish a Notice of Availability of the Draft EIS in the Federal Register. The comment period on the Draft EIS will be a minimum of 45 days from the date the EPA publishes the Notice of Availability in the Federal Register. The Final EIS is scheduled to be completed by June 1999. In the Final EIS, the Forest Service is required to respond to comments and responses received during the comment period that pertain to the environmental consequences discussed in the Draft EIS and applicable laws, regulations, and policies considered in making a decision regarding the proposal. Reviewers Obligations 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 EIS's 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 EIS stage but that are not raised until after completion of the final EIS may be waived or dismissed by the court's. 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 Draft EIS 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 and respond to them in the Final EIS. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the Draft EIS 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 EIS 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. Responsible Official The Responsible Official for this project is Martha Ketelle, Forest Supervisor for the White River National Forest. The Responsible Official will document the decision and reasons for the decision in the Record of Decision issued concurrently with the release of [[Page 65746]] the final EIS. That decision will be subject to appeal under 36 CFR 215. Dated: November 19, 1998. Martha J. Ketelle, Forest Supervisor, White River National Forest. [FR Doc. 98-31697 Filed 11-27-98; 8:45 am] BILLING CODE 3410-11-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-31697. Public record. Not legal advice.