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38866 Federal Register / Vol. 70, No.

128 / Wednesday, July 6, 2005 / Notices

will only make a decision regarding California Fish and Game Code) issued waived or dismissed by the courts. City
impacts on National Forest System by the California Department of fish and of Angoon v. Hodel, 803 F.2d 1016,
lands. Game. 1022 (9th Cir. 1986) and Wisconsin
Heritages, Inc. v Harris, 490 F. Supp.
Scoping Process Comment Requested
1334, 1338 (E.D. Wis. 1980). Because of
Public participation will be especially This notice of intent initiates the these court rulings, it is very important
important at several stages during the scoping process which guides the that those interested in this proposed
analysis. The purpose of scoping is to development of the EIR/EIS. The Forest action participate by the close of the 45-
help ensure that a comprehensive and Service is seeking public and agency day EIR/EIS comment period so that
focused EIR/EIS will be prepared that comment on the proposed project to substantive comments and objections
provides a firm basis for the decision- identify major issues to be analyzed in are made available to the Forest Service
making process. Members of the public, depth and assistance in identifying at a time when it can meaningfully
affected Federal, State, and local potential alternatives to be evaluated. consider them and respond to them in
agencies, interested groups, and other Comments received on this notice, the Final EIR/EIS.
interested parties may participate in the including the names and addresses of To assist the Forest Service in
scoping process for this project by those who comment, will be considered identifying and considering issues and
providing written and verbal comments as part of the public record on this concerns on the proposed action,
or recommendations concerning the proposed project, and will be available comments on the Draft EIR/EIS should
issues to be analyzed in the EIR/EIS. for public inspection. Comments be as specific as possible. It is also
Comments can be given verbally by submitted anonymously will be helpful if comments refer to specific
attending the scheduled scoping accepted and considered; however, pages or chapters of the draft statement.
meeting at: Palmdale Water District, July those who submit anonymous Comments may also address the
13, 2005, 7 p.m., 2029 East Avenue Q, comments will not have standing to adequacy of the Draft EIR/EIS or the
Palmdale, CA 93550, (661) 947–4111. appeal the subsequent decision under merits of the alternatives formulated
Attendees requiring language 36 CFR Part 215. Additionally, pursuant and discussed in the statement.
interpretation services at the Scoping to 7 CFR 1.27(d), any person may Reviewers may wish to refer to the
Meeting must call (818) 597–3407, ext. request the agency to withhold a Council on Environmental Quality
338 by July 6, 2005. The meeting submission from the public record by Regulations for implementing the
location is wheelchair accessible. showing how the Freedom of procedural provisions of the National
Information Act (FOIA) permits such Environmental Policy Act at 40 CFR
Preliminary Issues confidentiality. Persons requesting such 1503.3 in addressing these points.
The EIR/EIS will present the analysis confidentiality should be aware that, Comments received, including the
of the environmental impacts of the under the FOIA, confidentiality may be names and addresses of those who
proposed project and comparative granted in only very limited comment, will be considered part of the
environmental effects of the circumstances, such as to protect trade public record on this proposal and will
alternatives, and will identify mitigation secrets. The Forest Service will inform be available for public inspection.
measures for potentially significant the requester of the agency’s decision
impacts. The EIR/EIS will address all regarding the request for confidentiality. (Authority: 40 CFR 1501.7 and 1508.22;
issue areas for which potential Forest Service Handbook 1909.15, Section
Where the request is denied, the agency 21)
significant impacts are anticipated. will return the submission and notify
These issue areas include: Air quality; the requester that the comments may be Dated: June 28, 2005.
biological resources; cultural resources; resubmitted, without names and Susan Swinson,
geology and soils; hazardous materials; addresses, within a specified number of Acting Forest Supervisor.
land use and public recreation; noise; days. [FR Doc. 05–13243 Filed 7–5–05; 8:45 am]
socioeconomics and environmental Early Notice of Importance of Public BILLING CODE 3410–11–M
justice; traffic; utilities and service Participation in Subsequent
system; visual resources; and water Environmental Review: A Draft EIR/EIS
resources. will be prepared for comment. The DEPARTMENT OF AGRICULTURE
comment period on the draft EIR/EIS
Permits or Licenses Required will be 45 days from the date the Forest Service
The Regional Director of Natural Environmental Protection Agency
Resource Management of the Forest publishes the notice of availability in Shasta-Trinity National Forest,
Service would issue a Special Use the Federal Register. California; Turntable Bay Marina
Permit for construction of the grade The Forest Service believes, at this Master Development Plan
control structure and maintenance of early stage, it is important to give AGENCY: Forest Service, USDA.
the Reservoir capacity through sediment reviewers notice of several court rulings ACTION:Notice of intent to prepare an
removal. Additional permits that may be related to public participation in the environmental impact statement.
required for the proposed project could environmental review process. First,
include: A Permit to Operate issued by reviewers of the Draft EIR/EIS must SUMMARY: The Shasta-Trinity National
the Antelope Valley air Quality structure their participation in the Forest proposes to authorize a 30-year
Management District, a National environmental review of the proposal so term permit to Seven Resorts, Inc. to
Pollutant Discharge Elimination system that it is meaningful and alerts an build and operate a resort marina at
General Construction Permit issued by agency to the reviewer’s position and Turntable Bay located in section 22 &
California’s Regional Water quality contentions. Vermont Yankee Nuclear 27, T34N, R4W, MDBM on Shasta Lake.
Control Board, a Section 404 Permit (per Power Corp. v. NRDC, 435 U.S. 519, 553 In conjunction with this authorization,
Section 404 of the Clean Water Act) (1978). Also, environmental objections Seven Resorts, Inc. (Project Proponent)
issued by the U.S. Army Corps of that could be raised at the Draft EIR/EIS will relinquish the existing permit for
Engineers, and a Streambed Alteration stage but that are not raised until after the operation of Digger Bay Marina
Agreement (per Section 1601 of the completion of the Final EIR/EIS may be located in section 12 and 13, T33N,

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Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Notices 38867

R5W, MDBM on Shasta Lake. The Master Development Plan. This plan has • Removes or eliminates the threat for
proposed Turntable Bay Marina and been accepted by the Shasta-Trinity threatened and/or endangered species.
associated land-based development will National Forest for environmental • The site can adequately support both
be designed for water-based recreational analysis under the National land and water based facilities and services.
• Road access is feasible and reasonable
use on a year-around basis. Proposed Environmental Policy Act (NEPA). (location and cost).
water-based facilities include a retail • Utilities (electricity and telephone) are
store, public moorage facilities, boat Purpose and Need for Action
reasonably available to the location.
rentals, and service docks (fuel, septic There is a need for the Forest Service, • Compatibility with existing commercial
waste, and refuse collection). Proposed Shasta-Trinity National Forest, to take resort/marina locations.
land-based improvements include off- action (provide response) on the • Compatibility with natural resources,
ramp lighting, paved access road, paved application submitted by the Project such as preservation of watershed or fish
parking, launch ramp, public restrooms, Proponent requesting a special use habitat values.
water supply, sanitary waste disposal authorization. The proposed use is • Compatibility with public recreation
system, and power and communications construction and operation of a full sites or facilities.’’
utilities. service marina at Turntable Bay on Based on these criteria, Turntable Bay
In addition, a non-significant Shasta Lake within the NRA. The was determined to be the most viable
amendment to the Shasta-Trinity purpose of the proposed project is to location for a new marina on Shasta
National Forest Land and Resource provide a high-quality recreational Lake. Turntable Bay possesses many site
Management Plan to amend opportunity at Turntable Bay. The characteristics which would contribute
management prescription IV, ‘‘Roaded, current Management Guide (NRA to efficient and consistent marina
High Density Recreation,’’ to include the Guide) for the Shasta and Trinity Units operation, including direct access from
proposed site of the Turntable Bay of the NRA identifies Turntable Bay as a major interstate, deep water moorage
Marina is proposed. The proposal is the most feasible new location for a with limited effects from lake
within the Shasta Unit of the resort/marina operation. fluctuations, access to utilities, and an
Whiskeytown-Shasta-Trinity National The Shasta-Trinity National Forest area well suited for a variety of
Recreation Area. manages the Shasta Unit of the NRA to recreational activities, both on and off
DATES: Comments concerning the scope be a showcase recreational area that the water. Therefore, the proposed
of the analysis should be received no supports the enjoyment and use of the project offers an opportunity to improve
later than 30 days after publication of natural environment. The combination the location and quality of facilities/
this notice in the Federal Register. The of water and land surface provides the services currently provided by Digger
draft environmental impact statement is opportunity to enjoy many types of Bay Marina (an existing marina operated
expected in November 2005 and the outdoor recreation; however, by the Project Proponent) through
final environmental impact statement is environmental factors such as a hot relocation to Turntable Bay.
expected during the spring of 2006. climate, steep terrain, and sparse forest In comparison, the facility at Digger
ADDRESSES: Send written comments to cover favor water-oriented recreation. Bay is located approximately 6 miles
District Ranger Kristy Cottini, Shasta- On the Shasta Unit, the key attraction or form Interstate 5. Access is via Shasta
Trinity National Forest, National recreation resource is the available Dam Boulevard, through the City of
Recreation Area Ranger Station, 14225 water surface of Shasta Lake. Shasta Lake, and then north on Digger
Holiday Road, Redding, CA 96003. Recreational boating on Shasta Lake is Bay Road. Digger Bay Road is a low-
FOR FURTHER INFORMATION CONTACT:
dependent upon access to the water via standard, narrow, and winding road
Project Manager Lee Simons, Shasta- shoreline facilities such as marinas, about 3.5-mile long, making it poorly
Trinity National Forest, National docks, and launch ramps. suited for trailer carrying boats.
Fluctuations in the water levels,
Recreation Area Ranger Station, 14225 The boat launch ramp at Digger Bay
however, have effects on the provision
Holiday Road, Redding, CA 96003. Marina ends at a depth of 60 feet below
of and access to water-based
SUPPLEMENTARY INFORMATION: Turntable full lake level. When the lake surface
recreational services. With regard to the
Bay was identified by the Shasta-Trinity drops below this level, boasts can no
marinas on Shasta Lake, some facilities
National Forest, as the most viable site longer be launched at the site. From 60
are located in areas (shallow water
for a new marina on Shasta Lake. to 100 feet below full lake level, access
ports) that require them to move their
Turntable Bay offers direct access from to marina facilities on the water is
docks substantial distances from their
Interstate 5, limited impact from lake constrained by a winding asphalt road.
land-based facilities and/or close their
level fluctuations, and an area well This road is difficult to negotiate with
boat ramps during low water periods.
suited for a variety of recreational vehicles and requires frequent
This decreases the consistency,
activities both on and off the water. repositioning of the docks as water
efficiency, and overall quality of
Shasta Lake is the largest lake in the levels change. Below 100 feet from full
services provided. Deepwater ports are
Whiskeytown-Shasta-Trinity National lake level, marina facilities cannot be
more efficient locations for marinas.
Recreation Area (NRA), and is managed accessed form the land at all.
To allow existing marinas, which are
by the Shasta-Trinity National Forest to restricted by their locations, to improve Proposed Action
provide quality recreational experiences the quality of the services they provide,
to the public. The proposed action to issue a 30 year
the NRA Guide contains the following
In May 2002, the Shasta-Trinity term permit for the development and
recommendation.
National Forest issued a prospectus operation of Turntable Bay Resort
offering the opportunity to relocate an ‘‘Upon approval by the Forest Service, Marina would include the following
existing marina’s operation on Shasta resort/marinas may merge, or consolidate to actions:
one location, or a resort/marina may move to
Lake to Turntable Bay. The Project a new location based on the following
• All land-based developments are
Proponent submitted a proposal in criteria: proposed to occur above 1090 feet
response to the prospectus and was • Maintains or improves dispersion of elevation, to avoid conflicts with a
awarded the opportunity to prepare a services around the lake. potential increase of 20 feet in the
conceptual Turntable Bay Marina • Accommodates low water conditions. height of Shasta Dam.

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38868 Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Notices

• Land-based developments will emphasizes native vegetation in the (b) Identifying issues to be analyzed
include placement of safety lighting at project design. This plan will also use in depth.
the north-bound and south-bound revegetation strategies to address other (c) Eliminating non-significant issues
ramps of Interstate Highway 5 potential resource impacts (e.g., visuals, or those previously covered by a
(Turntable Bay exit). erosion, water quality, and noxious relevant previous environmental
• Reconstruction and construction of weeds). analysis.
a two-land paved access road. Upon authorization and construction (d) Exploring additional alternatives.
• Construction of paved parking of Turntable Bay Marina, SCR will (e) Identifying potential
areas. relinquish its permit to operate Digger environmental effects of the proposed
• Construction of a four land (60 feet Bay Marina. This will result in action and alternatives.
wide) boat-launching ramp. abandoning the current land-side
• Construction of public restrooms, Preliminary Issues
operations and relocating the water-side
water supply, and septic disposal improvements to Turntable Bay. When No preliminary issues have been
systems. the Resort/Marina Term Special Use identified.
• Construction of disposal area for Permit for the Digger Bay location is
excess excavation materials. Permits or Licenses Required
relinquished, some land-side
• Revegetation and slope protection improvements at the existing Digger Bay By definition, the Forest Service has
measures emphasizing native site, including paved access roads, identified the proposed Turntable Bay
vegetation. parking areas, launch ramp, and utilities Marina as a water-dependent project
• Construction of power and that will be subject to the requirements
(water and septic) will remain intact for
communication utilities. of the Clean Water Act. Under the Act,
possible future use to be determined
• Water-based facilities will include a the U.S. Army Corp of Engineers has the
though subsequent planning by the
retail store, boat rentals, public moorage responsibility to ensure that the waters
Forest Service.
docks, and systems for selling fuel, of the U.S. are protected. The location
septic pump out, and refuse Possible Alternatives and types of activities associated with
management. Any action alternatives would be proposed action will require issuance of
The proposed permit area includes 79 a 404 Permit prior to Forest Service
developed based on significant issues to
acres above the current high water level authorization of the Special Use Permit
the proposed action following the
of Shasta Lake (1070 feet above mean to construct and operate the proposed
public scoping process.
sea level). This area is currently Turntable Bay Marina.
undeveloped, with the exception of an Lead and Cooperating Agencies The California Regional Water Quality
access road that terminates at the back USDA Forest Service is the lead Control Board, Central Valley Region, is
(west end) of Turntable Bay, agency for this environmental impact the agency authorized to issue the 401
immediately east of northbound statement. Other Federal, state, or local certification under the Clean Water Act.
Interstate 5. The proposed marina and agencies may have discretionary Due to the nature of some of the
land-based development will be approvals and authorities. proposed land-based development (i.e.,
designed to provide recreational water and sanitation facilities), this
opportunities consisting of varied Responsible Official agency is also responsible for preparing
boating and other water-based activities J. Sharon Heywood, Forest waste discharge requirements prior to
as well as pubic access to park-like areas Supervisor, Shasta-Trinity Forest, 3644 Forest Service authorization of the
on land including a day-use picnic area, Avtech Parkway, Redding, CA 96002. Special use Permit to construct and
walking trails, and public restrooms. operate the proposed Turntable Bay
The development design provides Nature of Decision To Be Made
Marina.
compliance with the Americans with The Forest Supervisor will decide The California Department of
Disabilities Act (ADA) and appropriate whether to implement the proposed Transportation maintains a right-of-way
public law. The proposed marina site action, take an alternative action that associated with Interstate 5. Some land-
includes waters of Shasta Lake within meets the purpose and need, to take no based components of the proposed
Turntable Bay, the area between action. Turntable Bay Marina may encroach on
Interstate Highway 5 and Shasta Lake this right-of-way and require the
Scoping Process
north of the Turntable Bay exit, a issuance of a California Department of
portion of the existing access road, and The project is included in the Shasta- Transportation encroachment permit
an area to the north of Turntable Bay Trinity National Forest’s quarterly prior to Forest Service authorization of
that will be used to place excess schedule of proposed actions (SOPA). the Special Use Permit to construct and
excavation material. Information describing the proposed operate the proposed Turntable Bay
The shoreline of Shasta Lake in the action will also be posted on the Web Marina.
project area is rugged. The development site, http://www.fs.fed.us/r5/
of roads and parking areas will require shastatrinity/projects, and advertised in Comments Requested
grading (estimated 94,000 cubic yards of the Redding Record Searchlight. This This notice of intent initiates the
net excess material). The proposed notice of intent initiates the scoping scoping process which guides
design has been developed to minimize process, which guides the development development of the environmental
the total disturbed area and retain as of the environmental impact statement. impact statement.
much of the area in an undisturbed Comments submitted during this
condition as possible. The design of scoping process should be in writing Early Notice of Importance of Public
appropriate cuts and fills to minimize and should be specific to the proposed Participation in Subsequent
grading is planned. action. The comments should describe Environmental Review
As designed, the proposed project as clearly and completely as possible A draft environmental impact
will minimize impacts to native any issues the commenter has with the statement will be prepared for comment.
vegetation and will implement a proposal. The scoping process includes: The comment period on the draft
vegetation management plan that (a) Identifying potential issues. environmental impact statement will be

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Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Notices 38869

45 days from the date the DEPARTMENT OF AGRICULTURE Purpose and Need for Action
Environmental Protection Agency The purpose of and need for the
publishes the notice of availability in Forest Service
Scratchings Timber Sale project is to
the Federal Register. provide timber harvest opportunities
The Forest Service believes, at this Craig Ranger District, Tongass
National Forest; Alaska; Scratchings suitable for large and possibly small
early stage, it is important to give
Timber Sale EIS timber purchasers, mill operators and
reviewers notice of several court rulings
the value-added wood product
related to public participation in the
AGENCY:Forest Service, USDA. industries in southeast Alaska in
environmental review process. First,
reviewers of draft environmental impact ACTION:Notice of intent to prepare an accordance with Forest Plan direction.
statements must structure their Environmental Impact Statement. The Forest Supervisor will decide
participation in the environmental whether or not to harvest timber from
review of the proposal so that it is SUMMARY: The USDA Forest Service, the Scratching Timber Sale project area,
meaningful and alerts an agency to the Craig Ranger District will prepare an and if so, how this timber will be
reviewer’s position and contentions. Environmental Impact Statement (EIS) harvested. The decision will be based
Vermont Yankee Nuclear Power Corp. v. to consider a proposal to harvest timber on the information that is disclosed in
NRDC, 435 U.S. 519, 553 (1978). Also, from Suemez Island, located on the the Environmental Impact Statement.
environmental objections that could be Craig Ranger District, Tongass National The responsible official will consider
raised at the draft environmental impact Forest in southeastern Alaska. The comments, responses, the disclosure of
statement stage but that are not raised proposed action would harvest up to 40 environmental consequences, as well as
until after completion of the final MMBF of timber from approximately applicable laws, regulations, and
environmental impact statement may be 5,000 acres. Approximately 16.5 miles policies in making the decision and will
waived or dismissed by the courts. of road construction is planned. About state that rationale in the Record of
Court of Angoon v. Hodel, 803 F.2d 3.5 miles of this road would be Decision. The Scratching Timber Sale
1016, 1022 (9th Cir. 1986) and temporary construction. would move the project area toward the
Wisconsin Heritages, Inc. v. Harris, 490 desired condition described in the
DATES: Comments concerning the scope
F. Supp, 1334, 1338 (E.D. Wis. 1980). Tongass Land and Resource
of the analysis should be received Management Plan (TLMP) or Forest
Because of these court rulings, it is very within 45 days from the date of this
important that those interested in this Plan). The following Forest-wide goals
notice. The draft environmental impact and objectives as applied to the
proposed action participate by the close statement is expected to be completed
of the 45 day comment period so that Scratchings Timber Sale project area
by October 31, 2005 and the final include:
substantive comments and objections environmental impact statement is
are made available to the Forest Service (1) Improve timber growth and
expected to be completed by March 31, productivity on suitable timber lands
at a time when it can meaningfully 2006.
consider them and respond to them in made abailable for timber harvest, and
the final environmental impact ADDRESSES: Send written comments to manage these lands for long-term
statement. Planning Staff, Thorne Bay Ranger sustained yield of timber.
To assist the Forest Service in District, Attn: Scratchings Scoping; P.O. (2) Contribute to a timber supply from
identifying and considering issues and Box 19001; Thorne Bay, AK 99919– the Tongass National Forest that seeks
concerns on the proposed action, 0001. Comments can also be faxed to to meet annual and Forest Plan planning
comments on the draft environmental 907–828–3309 or e-mailed to comments- cycle market demand.
impact statement should be as specific alaska-tongass-thorne-bay@fs.fed.us, (3) Provide opportunities for local
as possible. It is also helpful if subject line: Scratchings scoping EIS employment in the wood products
comments refer to specific pages or comments. industry that would in turn contribute
chapters of the draft statement. to the local and regional economies of
FOR FURTHER INFORMATION CONTACT: Mail
Comments may also address the southeast Alaska.
correspondence to Planning Staff,
adequacy of the draft environmental Thorne Bay Ranger District, Attn: Proposed Action
impact statement or the merits of the Scratchings Scoping; P.O. Box 19001;
alternatives formulated and discussed in The Craig Ranger District is
Thorne Bay, AK 99919–0001. The Craig considering a proposal to harvest 25 to
the statement. Reviewers may wish to and Thorne Bay Ranger Districts are
refer to the Council on Environmental 40 million board-feet (MMBF) of timber
served by a single, zoned Planning Staff. from approximately 5,000 acres
Quality Regulations for implementing
SUPPLEMENTARY INFORMATION: The resulting in a variety of large and small
the procedural provisions of the
National Environmental Policy Act at 40 proposed timber sale would occur on timber sales. A combination of harvest
CFR 1503.3 in addressing these points. Suemez Island in southeastern Alaska. methods may be used. Harvest
Comments received, including the Suemez Island is located west of Prince prescriptions would be written to meet
names and addresses of those who of Wales Island and southwest of Craig, Forest Plan Standards and Guidelines.
comment, will be considered part of the Alaska. The proposed project lies within This will result in units with smaller
public record on this proposal and will Tongass National Forest Value openings and more partial-cut
be available for public inspection. Comparison Units 633, 634, 635, 636 harvesting than has historically
and 637. Land Use Designations (LUD), occurred within the Project Area.
(Authority: 40 CFR 1501.7 and 1508.22; for the project area, include Timber
Forest Service Handbook 1909.15, Section
Approximately 16.5 miles of road
211.) Production, Modified Landscape, Old- construction is planned. About 3.5
growth Habitat and Special Interest miles of road would be temporary
Dated: June 16, 2005. Areas. A few potential sale units may be construction.
J. Sharon Heywood, located within the Inventoried Roadless
Forest Supervisor. Area #502. No timber harvest is planned Public Participation
[FR Doc. 05–13242 Filed 7–5–05; 8:45 am] in Old-growth Habitat or within the Public participation is an important
BILLING CODE 3410–11–M Special Interest Area. part of the analysis process and will

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