Supplement to the Final Environmental Impact Statement for the Mt. Ashland Ski Area, Rogue River National Forest, Jackson County, Oregon

DEPARTMENT OF AGRICULTURE

Forest Service

Supplement to the Final Environmental Impact Statement for the

Mt. Ashland Ski Area, Rogue River National Forest, Jackson County,

Oregon

ACTION: Notice of intent to supplement a final environmental impact

statement.

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SUMMARY: The USDA, Forest Service will prepare a supplement to the

final environmental impact statement (SEIS) for the Mt. Ashland Ski

Area (MASA) on the Rogue River National Forest. The final EIS and

Record of Decision (ROD) for the MASA were released in July 1991. This

decision established a programmatic Master Plan for future ski area

expansion. In March, 1998, the Mt. Ashland Association (MAA) submitted

a proposal to the Forest Service (based, on the Master Plan) to

implement a variety of ski area facility improvements within the MASA.

The Association leases the operation from the City of Ashland, holder

of a Forest Service Special Use Permit for the MASA. As identified in

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the 1991 final EIS and ROD, the primary purpose for implementing the

proposed improvements is to enhance the economic viability of the MASA.

The primary need is for additional intermediate and low intermediate

skiing terrain, with an overall goal to provide a high quality

recreation experience.

The Forest Service gives notice of the full supplemental analysis

and decision-making process so that interested and affected peoples are

made aware as to how they may participate and contribute to this

supplemental analysis and decision.

DATES: Comments concerning the scope of this supplemental analysis

should be received by February 19, 1999.

ADDRESSES: Submit written comment sot Linda Duffy, District Ranger,

Ashland Ranger District, Rogue River National Forest, 645 Washington

Street, Ashland, Oregon, 97520.

FOR FURTHER INFORMATION CONTACT: Linda Duffy or Steve Johnson, Ashland

Ranger District, Rogue River National Forest, 645 Washington Street,

Ashland, Oregon, 97520, Telephone (541) 482-3333; FAX (541) 858-2402;

email address is sjohnson/[email protected].

SUPPLEMENTARY INFORMATION: Scoping for these proposed improvements was

initiated on March 18, 1998. The intent at that time was to process a

site-specific project proposal, tiering to the programmatic Master

Plan, with an environmental assessment (EA) and Decision Notice.

Preparation of an EA would have fulfilled the direction within this ROD

to complete site-specific environmental analysis prior to project

implementation approved conceptually in the final EIS and ROD. Since

last March, numerous letters from groups and individuals were received.

Four public field trips to the project area and two public meetings

were held in regards to the ski area proposal. There were also numerous

discussions with Forest Service interdisciplinary resource specialists.

This dialogue, both internal and external, has led the Responsible

Official to decide to prepare a Supplement to the final EIS. The

decision to now proceed with an SEIS will include analysis and

disclosure of several proposed actions: consideration of new

information or changed circumstances associated with the programmatic

decision on the ``Master Plan'' made in 1991; a Forest Plan Amendment

to adjust the management allocation boundary from the 1990 Rogue River

National Forest Land and Resource Management Plan to that associated

with the 1991 Record of Decision for the MASA; as well as a site

specific project analysis based on a current proposal to develop a

portion of the Master Plan. The Supplement to the 1991 FEIS will focus

on those aspects that are now changed or different or are in need of an

update or correction, in relation to the selected alternative as

documented in the 1991 ROD.

The MAA site-specific proposal includes: construction for a new

chairlift and associated ski runs within the western portion of the

Special Use Permit area; an additional skier service building; a

surface lift providing novice skier access to the proposed runs;

additional parking areas; maintenance access via primitive roads; and

necessary supporting infrastructure items such as sewer, water and

power lines. All proposed projects are within the existing Special Use

Permit area boundary. The legal location description for all actions is

T.40 S., R. 1 E., in sections 15, 16, 17, 20, 21, and 22, W.M., Jackson

County, Oregon.

The Supplement will not re-open the decision for expansion based on

the Master Plan that has already been made. The significant issues and

alternatives associated with this analysis process are expected to

primarily be associated with the current site-specific project proposal

to expand and develop a portion of this Master Plan. Preliminary issues

include: water quality within a domestic supply watershed; maintenance

of habitat for an anadromous fishery; protection of wetland habitats

and rare plant and animal species; aesthetics and social

considerations; and the economic feasibility associated with the

operation and expansion of a commercial ski area. Preliminary

alternatives include options to avoid or reduce impacts to wetland

areas and alternative locations for parking and other proposed ski area

facilities.

The supplement will be prepared and circulated in the same manner

as the draft and final EIS (40 CFR 1502.9). Comments received on the

draft supplemental EIS will be considered in the preparation of the

final supplement. The draft SEIS is expected to be filed with the

Environmental Protection Agency (EPA) and to be available for public

review by may 1999. The comment period on the draft SEIS will be 45

days from the date the EPA publishes the notice of availability in the

Federal Register.

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

the draft 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 SEIS stage but that are not raised

until after completion of the final SEIS 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 comment period so 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 SEIS.

To assist the Forest Service in identifying and considering issues

and concerns on the proposed action, comments on the draft SEIS 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 SEIS 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.

At the end of the comment period on the draft SEIS, comments will

be analyzed and considered by the Forest Service in preparing the final

SEIS. The final supplement is scheduled to be completed by August 1999.

The Responsible Official will consider the comments, responses,

environmental consequences discussed in the final SEIS, and applicable

laws, regulations, and policies. The Responsible Official will document

the decision in a Record of Decision. The Forest Service decision will

be subject to Forest Service appeal regulations at 36 CFR part 215.

Dated: January 8, 1999.

James T. Gladen,

Forest Supervisor.

[FR Doc. 99-1071 Filed 1-15-99; 8:45 am]

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