[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Notices]
[Page 26075-26076]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my08-41]
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DEPARTMENT OF AGRICULTURE
Forest Service
San Juan National Forest; Columbine Ranger District; Colorado;
Hermosa Land Exchange Analysis
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The San Juan National Forest is studying a proposal for a land
exchange whereby Tamarron Properties Associates would offer 330 acres
of non-Federal lands to the U.S. Forest Service in exchange for 265
acres of National Forest System lands and an easement for a new road.
Any exchange would require by law that the appraised value of the
properties be equal. The non-Federal properties include two inholdings
adjacent to the Hermosa Roadless area; Mitchell Lakes and Hermosa
Creek. The third inholding is a mining claim located in the Weminuche
Wilderness area along the Whitehead Gulch Trail southeast of Silverton.
Mitchell Lakes parcel is specifically located in T. 37 N., R. 9 W,
Section 23 ; Hermosa Park T. 39 N., R. 10 W., Section 24, La Plata
County, The Iron Clad Mining Claim is located in Section 11, T. 40 N.,
R. 7 W., N.M.P.M., Columbine Ranger District, San Juan National Forest,
Colorado.
DATES: Formal scoping on the proposed land exchange began on June 11,
2007 and ended on September 10, 2007. Two public open houses were held
June 21 and 25, 2007. Public field trips to the parcels were held June
28 and 29, 2007. The draft environmental impact statement is expected
in September 2008 and the final environmental impact statement is
expected in December 2008.
FOR FURTHER INFORMATION CONTACT: For further information contact Cindy
Hockelberg, Columbine Public Lands, POB 439, 367 South Pearl Street,
Bayfield, CO 81122; e-mail chockelberg@fs.fed.us., telephone 970-884-
1418.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
The purpose of and need for action is for (1) more consolidated
Federal and private ownership that reduces cost of Federal management
and increases management efficiency; and (2) acquisition of significant
non-Federal inholdings within the San Juan National Forest in visible
and frequented locations so they are not available for development; and
(3) additional Federal jurisdiction within Congressionally designated
wilderness or other parcels such as wetlands, floodplains, and riparian
areas that provide habitat for threatened or endangered species.
The Forest Service is directed to achieve the optimum landownership
pattern to provide for the protection and management of resource uses
to meet the needs of the nation now and in the future.
Further, the Forest Service is to complete land-for-land exchanges
to consolidate National Forest System and private, State, or local
government land patterns, to permit needed urban or industrial
expansion; or to make other adjustments in landownership in the public
interest.
Proposed Action
The proposed action is to complete a land exchange whereby the
Forest Service would acquire three non-Federal parcels located within
the boundaries of the San Juan National Forest and convey a Federal
parcel and road easement for a new road to private ownership.
Possible Alternatives
The following alternatives have been preliminarily identified:
Alternative 1: This alternative is the No Action Alternative. The
proposed project as described above would not occur.
Alternative 2: This alternative is the proposed action and the
project would occur as described above. This alternative was presented
in the public scoping that occurred during the summer of 2007.
Alternative 3: This alternative is responsive to trail use and
moves the northern boundary of the Federal parcel south of the
proponent's proposed location. The northern boundary for Alternative 3
would keep the trails immediately south and adjacent to the Chris Park
wetland in Federal ownership. This alternative would include a road
easement and limit use. Restrictions on road use for this
[[Page 26076]]
alternative, in addition to 4 and 5 may affect the appraised value.
Alternative 4: This alternative would be the same as Alternative 3
but would not include the road easement. Like Alternative 3, this
alternative is responsive to the concerns expressed by trail users and
will help address visual concerns.
Alternative 5: This alternative would not include a substantial
portion of the federal parcel, as described in the proposed
alternative. The alternative is designed to preserve major portions of
the wagon road and some wetlands. This alternative would not include
the road easement and more directly addresses cultural and recreation
concerns. A trade-off of this alternative is that acquisition of both
large non-Federal parcels may not be possible due to the requirement
that the exchange be equal value.
Responsible Official
Mark W. Stiles, Center Manager, San Juan Public Lands, 15 Burnett
Court, Durango, CO 81301.
Nature of Decision To Be Made
Given the purpose and need, the deciding official reviews the
proposed action and the other alternatives in order to make the
following decisions: Will the proposed land exchange occur as proposed,
as modified under the various alternatives, or not at all. If the
exchange proceeds what mitigation measures will the Forest Service
apply to the project?
Scoping Process
Formal scoping has already occurred on this project as described
above; comments received indicate that there may be significant impacts
for which an EIS is the appropriate level of analysis. Informal scoping
responses may be submitted to Cindy Hockelberg (contact information
above), if there is an issue that has not been identified.
Preliminary Issues
During review of all public comments and internal input, the Forest
Service has identified the following concerns or issues with the
proposal: Recreation, particularly with regard to Chris Park campground
and the trails that have been created in the area; The Animas Wagon
road and its historical status; Socio-economic issues related to
tourism and special use permittees who use the area; Visual impacts to
those areas that are sensitive, including Highway 550 and Chris Park
Campground; Wildlife impacts that may occur to a potential wildlife
corridor on the Federal parcel; Wetlands and hydrology, particularly
with regard to quality of wetlands on all parcels; and how the non-
Federal parcels will be managed if they are acquired.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review: A draft environmental impact statement will be
prepared for comment. The comment period on the draft environmental
impact statement will be 45 days from the date the Environmental
Protection Agency publishes the notice of availability in the Federal
Register. This is expected to occur around September 2008.
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 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 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
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.
Comments received, including the names and addresses of those who
comment, will be considered part of the public record on this proposal
and will be available for public inspection.
Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21.
Dated: May 1, 2008.
Mark W. Stiles,
Center Manager.
[FR Doc. E8-10223 Filed 5-7-08; 8:45 am]
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