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

Federal RegisterOct 12, 1999

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DEPARTMENT OF AGRICULTURE

Forest Service

Mt. Ashland Ski Area Expansion, Rogue River National Forest,

Jackson County, Oregon

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

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SUMMARY: The USDA, Forest Service will prepare an environmental impact

statement (EIS) to document the analysis and disclose the environmental

impacts of the proposed action to expand the Mt. Ashland Ski Area

(MASA). The project area is located approximately 7 miles south of

Ashland, Oregon, within the Siskiyou Mountains in Southern Oregon. The

proposed expansion would include construction of a new chairlift and

associated ski runs; a surface lift providing novice skiers access to

proposed runs; additional parking areas; maintenance access roads; and

necessary supporting infrastructure--sewer, water, and power lines. All

proposed expansion projects are within the existing Special Use Permit

area boundary. Proposed action would be implemented by MAA after Forest

Service authorization is granted. Full implementation is expected to

take 2-3 years. The agency will give notice of the full environmental

analysis and decision making process on the proposed expansion so

interested and affected members of the public may participate and

contribute in the final decision.

DATES: Additional comments concerning the scope of this analysis should

be received by October 29, 1999.

ADDRESSES: Submit additional written comments to 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].

[[Page 55229]]

SUPPLEMENTARY INFORMATION: This site specific EIS will focus on a

project proposal for expansion within the existing Master Plan. The

environmental analysis will consider and include new information or

changed circumstances since the programmatic decision on the ``Master

Plan'' was made in 1991, including an action partially contained within

an area previously inventoried as roadless. A Forest Plan Amendment

will be needed to adjust the management allocation boundary from the

1990 Rogue River National Forest Land and Resource Management Plan.

The MAA expansion proposed action includes: construction of a new

top drive, quad chairlift and associated ski runs within the western

portion of the Special Use Permit area; approximately 8 acres of

surface lift corridors and staging areas, providing novice skiers

access to the proposed runs; a new skier services building; 2

additional work road segments; additional power, water lines and

storage tanks, sewer lines; and increase parking lot by 200 spaces. 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.

Currently the variety of ski runs offered at MASA does not reflect

the predominate demand of skiers and snowboarders, and projected future

trends. Intermediate and low intermediate skiing terrain is currently

inadequate, particularly to skiing groups and families with varying ski

abilities and skills. The primary purpose and need associated with this

proposed expansion is to make available additional novice and

intermediate skiing terrain. MASA's capacity to host special programs

and competitions is currently limited by available terrain and the

concurrent need to accommodate the general skiing public. In addition,

the current skier service facilities are not in line with the number of

users and in some cases are inadequate, for example, sanitation, food

service, and vehicle parking.

Preliminary issues include: water quality within a domestic supply

watershed; 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. Alternatives being considered include opportunities to avoid

or reduce impacts to wetland areas and alternative locations for ski

runs, parking and other proposed ski area facilities.

Comments received on the draft EIS will be considered in the

preparation of the final EIS. The draft EIS is now expected to be filed

with the Environmental Protection Agency (EPA) and to be available for

public review in November 1999. The comment period on the draft EIS

will be 45 days from the date EPA publishes the Notice of Availability

in the Federal Register. At the end of the comment period on the draft

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

preparing the final EIS. The final EIS is scheduled to be completed by

March 2000.

Comments received in response to this notice, including names and

addresses of those who comment, will be considered part of the public

record on this proposed action and will be available for public

inspection. Comments submitted anonymously will be accepted and

considered; however, those who submit anonymous comments will not have

standing to appeal the subsequent decision under 36 CFR Parts 215 or

217. Additionally, pursuant to 7 CFR 1.27(d), any person may request

the agency to withhold a submission from the public record by showing

how the Freedom of Information Act (FOIA) permits such confidentiality.

Persons requesting such confidentiality should be aware that, under the

FOIA, confidentiality may be granted in only very limited

circumstances, such as to protect trade secrets. The Forest Service

will inform the requester of the agency's decision regarding the

request for confidentiality, and where the request is denied, the

agency will return the submission and notify the requester that the

comments may be resubmitted with or without name and address within a

specified number of days.

The Forest Service believes it is important to give reviewers

notice of several court rulings related to public participation in the

environmental review process. First, reviewers of draft EISs 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, 533 (1978). Also, environmental objections that

could be raised at the draft EIS stage, but that are not raised until

completion of the final EIS, may be waived or dismissed by the courts.

City 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 important that those interested

in this proposed action participate by the close of the 45-day comment

period so 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 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 EIS. 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).

The Forest Service is the Lead Agency for this EIS. The Forest

Supervisor is the Responsible Official. The Responsible Official will

consider the comments, responses to the comments, environmental

consequences discussed in the final EIS, and applicable laws,

regulations, and policies. The Responsible Official will document the

Mt. Ashland Ski Area Expansion decision and the rationale for the

decision in a ROD. The Forest Service decision will be subject to

Forest Service Appeal Regulations (36 CFR Part 215).

Dated: September 30, 1999.

Robert W. Shull,

Acting Forest Supervisor.

[FR Doc. 99-26481 Filed 10-8-99; 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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