From: Subject: FR Doc 2010-17245 Date: Sat, 21 Aug 2010 09:47:39 -0700 MIME-Version: 1.0 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://edocket.access.gpo.gov/2010/2010-17245.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.5931 =EF=BB=BF FR Doc 2010-17245 
[Federal Register: July 16, 2010 (Volume 75, Number =
136)]
[Notices]              =20
[Page 41517-41518]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy10-82]                        =20

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCOF02000 L71220000.EA0000 LVTFC09C6050]

=20
Notice of Availability of the Draft Environmental Impact=20
Statement for the Proposed Over The RiverTM Art Project,=20
Colorado

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Availability.

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SUMMARY: In accordance with the National Environmental Policy Act of=20
1969 (NEPA), as amended, the Bureau of Land Management (BLM) has=20
prepared a Draft Environmental Impact Statement (EIS) for the Proposed=20
Over The RiverTM Art Project (Over The RiverTM=20
Draft EIS) and by this notice is announcing the opening of the comment=20
period.

DATES: To ensure comments will be considered, the BLM must receive=20
written comments on the Over The RiverTM Draft EIS on or=20
before August 30, 2010. The BLM will announce future meetings or=20
hearings and any other public involvement activities at least 15 days=20
in advance through public notices, media releases, and/or mailings.

ADDRESSES: You may submit comments related to the Over The=20
RiverTM Draft EIS by any of the following methods:
     Web site: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?fro=
m=3DleavingFR.html&log=3Dlinklog&to=3Dhttp://www.blm.gov/co/st/en=
/fo/rgfo/planning/otr.html.
     E-mail: co_otr_comments@blm.gov.
     Fax: (719) 269-8599.
     Mail: BLM Royal Gorge Field Office, Over the River=20
Comments, 3028 E. Main St., Ca[ntilde]on City, Colorado 81212.
    Please write ``OTR Comments'' in the subject line of comments that=20
are e-mailed or faxed. Copies of the Over The RiverTM Draft=20
EIS are available in the BLM Royal Gorge Field Office at the above=20
address, and on the project Web site listed above. A review copy of the=20
Over The RiverTM Draft EIS is available at the Ca[ntilde]on=20
City Public Library, 516 Macon Ave., Ca[ntilde]on City, Colorado;=20
Salida Regional Library, 405 ``E'' Street, Salida, Colorado; Arkansas=20
Headwaters Recreation Area (AHRA) office, 307 West Sackett Ave.,=20
Salida, Colorado; and the Denver Public Library, 10 W. Fourteenth Ave.=20
Parkway, Denver, Colorado.

FOR FURTHER INFORMATION CONTACT: For further information contact Mr.=20
Vincent Hooper, Over The RiverTM Project Manager, at the=20
Royal Gorge Field Office (see ADDRESSES above); telephone (719) 269-
8555; or e-mail: co_otr_comments@blm.gov.

SUPPLEMENTARY INFORMATION: The OTR Corporation (OTR Corp.), formed by=20
the artists Christo and Jeanne-Claude, proposes to install a work of=20
art, known as Over The RiverTM, on Federal, State, and=20
private lands adjacent to the Arkansas River between the cities of=20
Salida and Ca[ntilde]on City in Colorado. It has filed with the BLM an=20
application for a land use authorization under Section 302 of the=20
Federal Land Policy and Management Act, 43 U.S.C. 1732, and its=20
implementing regulations, 43 CFR Part 2920. Following an estimated 2-
year construction period, the exhibit is proposed for a 2-week display=20
and viewing period in early August 2013. The proposed art exhibit is a=20
no-fee visitor event. At the end of the 2-week exhibition period, the=20
system of cables and anchors and other above-ground materials would be=20
removed over an estimated 3-month period. The artists would be=20
responsible for restoring the river corridor according to the standards=20
defined by permitting and approval authorities.
    The proposed art exhibit involves the installation of 925 porous,=20
semi-transparent fabric panels, weighing an average of 140 lbs/panel.=20
These panels would be suspended 8 to 25 feet above the water for a=20
total of 5.9 miles in eight locations dispersed along a 42-mile stretch=20
of the Arkansas River. A support structure of an estimated 9,100 steel=20
anchors would be drilled along and into the banks of the Arkansas River=20
to support 2,275 steel anchor transition frames for an estimated 1,275=20
steel cables that would support the fabric panels. OTR Corp. also=20
proposes to construct two equipment laydown areas totaling=20
approximately 56 acres (acreage includes visitor facilities) and a=20
4,000-square-foot warehouse/office building. Upon project completion,=20
the warehouse would be donated to a public agency or deconstructed and=20
removed from the site.
    The earliest that the project would be exhibited is in 2013. An=20
estimated 344,000 visitors (which includes 100,000 baseline visitors to=20
the area) are expected to visit the Arkansas River canyon during the 2-
week exhibition period. An additional 36,000 visitors are expected to=20
view both the installation and the removal of the art. The resulting=20
traffic in the area is estimated to be 118,620 cars during the overall=20
exhibition period, and 12,862 cars during installation and removal. It=20
is assumed there would be an average of 2.9 visitors per vehicle.
    The footprint of the proposed project would encompass approximately=20
310 acres. The project would be located primarily on Federal lands=20
administered by the BLM Royal Gorge Field Office, but would also be=20
located on lands owned or managed by the Colorado State Land Board=20
(SLB), Union Pacific Railroad, and private landowners; lands leased by=20
the Colorado Division of Wildlife (CDOW); and lands owned or=20
cooperatively managed by Colorado State Parks in the AHRA. The Colorado=20
Department of Transportation (CDOT) and Colorado State Patrol (CSP)=20
have jurisdiction for activities along U.S. Highway 50. The majority of=20
the project area is within Fremont County. However, a small portion at=20
the western end of the project is within Chaffee County. Approximately=20
80 percent of the area in the proposed project would be located in the=20
Arkansas Canyonlands Area of Critical Environmental Concern (ACEC), a=20
BLM-specific designation that recognizes the need for recreation use as=20
well as protection of outstandingly remarkable values.
    The BLM Royal Gorge Field Office is the lead Federal agency=20
responsible for preparing the EIS and complying with the requirements=20
of NEPA and other applicable laws and regulations. Multiple cooperating=20
agencies and permitting authorities have participated and provided=20
input in the development of the Draft EIS including the Colorado=20
Department of Natural Resources (DNR)--which consists of CDOW, Colorado=20
State Parks, and SLB--as well as CDOT, CSP, and Chaffee and Fremont=20
counties.
    Considerations for decisions to be made through the BLM's EIS=20
process include:
     Whether to authorize, and under what terms and conditions,=20
the artists' request for use of public lands;
     Which combination of project elements may be authorized if=20
the proposed project is determined to result in unacceptable impacts=20
and the artists' proposed action is not authorized in its entirety;
     Whether some or all mitigation measures identified in the=20
EIS may be adopted or if additional measures may be required;
     Whether the project and its potential effects are in=20
conformance with the Resource Management Plan (RMP), including the=20
Arkansas Canyonlands ACEC; and
     Whether an amendment to the Royal Gorge Resource Area RMP=20
is

[[Page 41518]]

necessary to allow for the use of public lands for the Proposed Action.
    Over The RiverTM was informally proposed by the artists=20
Christo and Jeanne-Claude in 1996. Based on OTR Corp.'s verbal=20
proposal, the BLM started conducting an Environmental Assessment (EA)=20
and held public meetings between 1997 and 2000. The BLM initiated an=20
informal scoping period through eight public meetings held in=20
communities within the proposed project area from April 1997 to October=20
2000. OTR Corp. re-approached the BLM about the proposed project in=20
August 2005. Additional EA-level scoping occurred in January and=20
February 2006. The BLM also hosted interagency meetings with CDOT, DNR,=20
Fremont County, Chaffee County, and CSP on May 24, 2006, to discuss and=20
understand the public comments and questions. The scoping comments led=20
to a Notice Of Intent (NOI) published in the Federal Register on June=20
19, 2006 (71 FR 35289), announcing the intent to prepare an EIS based=20
on several factors, including a specific request from the applicants;=20
the increasing complexity of the project; the level of controversy=20
related to the project; and the level of involvement during the scoping=20
process. The NOI was also advertised in local newspapers. The OTR Corp.=20
and the BLM developed and signed a Memorandum of Understanding for EIS=20
preparation in May 2007. OTR Corp. delivered a Design and Planning=20
Report in 2007 that included a preliminary set of alternatives.=20
However, the 2007 report did not include some of the details previously=20
requested by the BLM and cooperating agencies that were necessary to=20
move forward with the EIS. In April 2008, the BLM received a Detailed=20
Design Proposal including additional project information with the level=20
of detail necessary to move forward with the EIS. This led to the=20
process of filing an upper-level-agency review of a Notice of Realty=20
Action, published in the Federal Register on October 31, 2008 (73 FR=20
64982).
    This Draft EIS analyzes seven separate alternatives, including the=20
No Action Alternative. The action alternatives were developed to=20
consider and compare configurations of public lands that could be made=20
available for artistic panel placement as well as construction,=20
logistics, traffic planning, and visitor management. The process of=20
developing a range of alternatives began with a review of the artists'=20
proposal and public and agency scoping comments, as well as a series of=20
cooperating agency meetings. The following four project components,=20
each of which could be altered in various ways to respond to known=20
issues and concerns, formed the basis of the alternatives development=20
process: panel placement, transportation, visitor management, and=20
temporal considerations.
    The primary issues that were identified as key general concerns of=20
the public, project team staff, and cooperators that are further=20
analyzed in this Draft EIS include: emergency response; project=20
engineering; natural and cultural resources (including soils, geology,=20
noxious weeds, and wildland fire); pollution and sanitation; public=20
safety; recreation; socioeconomics; transportation; and wildlife.
    Before including your address, phone number, e-mail address, or=20
other personal identifying information in your comment, you should be=20
aware that your entire comment--including your personal identifying=20
information--may be made publicly available at any time. While you can=20
ask us in your comment to withhold your personal identifying=20
information from public review, we cannot guarantee that we will be=20
able to do so.

    Authority: 40 CFR 1506.6, 40 CFR 1506.10.

John Mehlhoff,
Associate State Director.
[FR Doc. 2010-17245 Filed 7-15-10; 8:45 am]
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