94-24090. Kerry and Caren Kennedy Road Right-of-Way; San Bernardino National Forest San Bernardino County, California; Intent To Prepare an Environmental Impact Statement  

  • [Federal Register Volume 59, Number 188 (Thursday, September 29, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-24090]
    
    
    [[Page Unknown]]
    
    [Federal Register: September 29, 1994]
    
    
                                                       VOL. 59, NO. 188
    
                                           Thursday, September 29, 1994
    
    DEPARTMENT OF AGRICULTURE
    
    Forest Service
    
     
    
    Kerry and Caren Kennedy Road Right-of-Way; San Bernardino 
    National Forest San Bernardino County, California; Intent To Prepare an 
    Environmental Impact Statement
    
        The Department of Agriculture, Forest Service, will prepare an 
    Environmental Impact Statement (EIS) for the proposed road right-of-way 
    for Kerry and Caren Kennedy. Two environmental assessment (EA) 
    documents were prepared; the first dated August 4, 1993, and the second 
    dated December 23, 1993. There were four alternatives considered but 
    none could be selected because of impacts on California spotted owls. 
    The mitigation measures considered in the documents left uncertainty as 
    to whether a finding of no significant impacts could be made.
    
    proposed action: The land, for which permanent access is sought, is 
    owned by the proponents, Kerry and Caren Kennedy. This project and 
    their land are located within the San Gorgonio Ranger District of the 
    San Bernardino National Forest. The Kennedy's require this access to 
    enable them to build three to four residences on their land. The 
    project involves approximately \3/4\-mile of road reconstruction and 
    less than \1/8\-mile of new road construction across National Forest 
    System lands. The Kennedy's property lies in the upper end of a box 
    canyon with steep side walls. Generally, the developable portion of the 
    property lies in and adjacent to the flood plain of Mill Creek. The 
    only reasonable access is via National Forest System lands. Currently, 
    the Kennedy's have a temporary right-of way permit. A portion of the 
    roadbed covered by the temporary permit is in the flood plain. The 
    range of alternatives will consider the level of road improvements 
    necessary to provide permanent access for residential development. The 
    EIS will be prepared pursuant to the National Environmental Policy Act 
    (NEPA), 42 U.S.C., Sec. 4332(2)(C), the National Forest Management Act 
    (NFMA), 16 U.S.C., Sec. 1604(i), Alaska National Interest Lands 
    Conservation Act (ANILCA), 16 U.S.C. Sec. 3210, and applicable 
    regulations implementing these laws.
    
    possible alternatives: Four alternatives were developed for detailed 
    consideration. Alternative 1, was the ``no action'' alternative, which 
    is no change in the existing road. Alternative 2, is the proposed 
    action of upgrading and realigning Falls Road. Alternative 3, considers 
    grading and paving the existing road without widening or otherwise 
    improving it. Alternative 4, is similar to Alternative 2, in that it 
    would also relocate segments of the existing road and widen it, but 
    would only use a gravel, not paved, roadbed.
    
    issues identified: Environmental issues which will be analyzed will be 
    limited to the individual and cumulative impacts of the proposed 
    development on the habitat of California spotted owls. The other 
    previously considered issues outlined in the environmental assessment 
    will not be reconsidered during this analysis, except as they are 
    associated with the impacts on spotted owls.
        The Draft EIS is expected to be available for public review by 
    November 30, 1994. The comment period on the draft environmental impact 
    statement will be 45 days from the date the Environmental Protection 
    Agency publishes the notice of its 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 
    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 
    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 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. The final Environmental Impact Statement is expected to 
    be available about March 15, 1995.
    
    dates: Comments are requested on this notice concerning the scope of 
    analysis of the draft SEIS. Comments must be received on or before 
    October 31, 1994.
    
    public scoping: The Forest Service has previously conducted public 
    scoping on this proposal and no additional public scoping, beyond this 
    notice, is planned.
    
    addresses: Submit written comments and suggestions concerning the scope 
    of the analysis for the Kerry and Caren Kennedy road right-of-way 
    proposal to Gene Zimmerman, Forest Supervisor, San Bernardino National 
    Forest, 1824 S. Commercenter Circle, San Bernardino, CA 92408-3430.
    
    for further information contact: Direct questions about the proposed 
    action and preparation of the EIS of Hal Seyden, Planning Program 
    Leader, San Bernardino National Forest, 1824 South Commercenter Circle, 
    San Bernardino, CA 92408-3430 or call (909) 884-6634, extension 3160.
    
    responsible official: Because the proposed action may violate regional 
    direction to protect all spotted owls, the responsible official is 
    Regional Forester G. Lynn Sprague, Pacific Southwest Region, 630 
    Sansome Street, San Francisco, CA 94111.
    
        Dated: September 21, 1994.
    Gene Zimmerman,
    Forest Supervisor.
    [FR Doc. 94-24090 Filed 9-28-94; 8:45 am]
    BILLING CODE 3410-11-M
    
    
    

Document Information

Published:
09/29/1994
Department:
Forest Service
Entry Type:
Uncategorized Document
Action:
The land, for which permanent access is sought, is owned by the proponents, Kerry and Caren Kennedy. This project and their land are located within the San Gorgonio Ranger District of the San Bernardino National Forest. The Kennedy's require this access to enable them to build three to four residences on their land. The project involves approximately \3/4\-mile of road reconstruction and less than \1/8\-mile of new road construction across National Forest System lands. The Kennedy's property ...
Document Number:
94-24090
Dates:
Comments are requested on this notice concerning the scope of analysis of the draft SEIS. Comments must be received on or before October 31, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: September 29, 1994