Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Notices 29661 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Grand Mesa, Uncompahgre and 

Gunnison National Forests Norwood 

Ranger District; Alta Town-site Road 

and Utilities Access, ‘‘Alta Access 

Project,’’ Hinsdale County, CO 

AGENCY: Forest Service, USDA. 

ACTION: Notice of Intent to Prepare an 

Environmental Impact Statement. 

SUMMARY: A application for access to the 

town-site of Alta, Colorado under 

Alaska National Interest Lands 

Conservation Act (ANILCA) has been 

submitted for approval. The Forest 

Service (USFS) will prepare an 

Environmental Impact Statement (EIS) 

to assess and disclose the environmental 

effects of improved road and utilities 

access to the private inholdings at Alta, 

Colorado. 

The Grand Mesa, Uncompahgre and 

Gunnison (GMUG) National Forest is 

initiating an environmental analysis in 

response to an application submitted by 

Silver Mountain Industries, Inc (SMI) 

for road and utility improvements, and 

year round access to SMI owned 

properties at and around the town-site 

of Alta. The SMI Property is located 

about one mile south of the 

incorporated limits of the Town of 

Mountain Village, in San Miguel 

County, Colorado. This project is 

commonly referred to as the Alta Access 

project. SMI is planning the 

development of 28 residential lots on 

540 acres of SMI owned private land at 

Alta. The application to the Forest 

Service for road and utility 

improvements is to support this 

planned residential development. The 

SMI cluster development plan has been 

approved by the San Miguel County 

Board of County Commissioners. 

Portions of the proposed road 

improvements would occur on National 

Forest System (NFS) lands; others 

would occur on private property over 

which the Forest Service has easements 

for existing National Forest System 

Road (NFSR) 632. 

The Colorado Department of 

Transportation (CDOT) has determined 

that the existing intersection of Alta 

Access Road with State Highway 145 

fails to meet AASHTO road design 

standards, is unsafe, and needs to be 

corrected. 

The Alta Access Road is designated as 

both NFSR 632 and San Miguel County 

Road 64F. This road is currently used 

primarily by persons visiting the USFS 

managed Alta Lakes dispersed 

recreation area. SMI visitation generates 

modest traffic on the road, as do visits 

or trips to other privately owned lands 

in the area. 

SMI claims, and the Forest Service 

agrees, that SMI does have a right of 

access to their property under the 

ANILCA. No Inventoried Roadless areas 

are affected by this proposal. 

The Forest Service will prepare an 

Environmental Impact Statement (EIS) 

to assess and disclose the environmental 

effects of access and utilities 

development of the Alta Access Project. 

The EIS will comply with the 

requirements of the National 

Environmental Policy Act (42 U.S.C. 

sections 4321–4370a), the National 

Forest Management Act (16 U.S.C. 

1600–1614), and their implementing 

regulations. 

DATES: Comments concerning the 

proposal and the scope of the analysis 

will be accepted and considered at any 

time after publication of this notice in 

the Federal Register and prior to a 

decision being made. To be most helpful 

in the design of the analysis, comments 

should be received within 45 days of 

publication of this NOI in the Federal 

Register. An initial scoping for this 

project was done with a comment 

period extending from mid-March to 

April 20, before it was determined that 

an EIS would be necessary. Comments 

submitted to the Forest Service during 

that scoping period will be considered 

fully, and do not need to be 

resubmitted.The draft EIS is expected to 

be filed with the Environmental 

Protection Agency (EPA) and available 

for public review during October 2009. 

When a draft EIS is available the EPA 

will publish a Notice of Availability 

(NOA) in the Federal Register. The 

comment period on the draft EIS will be 

for a period of not less than 45 days 

from the date the EPA publishes the 

NOA in the Federal Register. The final 

EIS is expected to be available in 

January 2010. 

ADDRESSES: Send written comments to 

Jeff Burch, Grand Mesa, Uncompahgre 

and Gunnison National Forest, 

Supervisor’s Office, 2250 Highway 50, 

Delta, CO 81416. Electronic mail (email) may be sent to comments-rockymountain-gmug@fs.fed.us and FAX may 

be sent to (970) 874–6698. Telephone: 

(970) 874–6649. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Burch, Environmental Coordinator, 

Grand Mesa, Uncompahgre and 

Gunnison National Forests, 2250 

Highway 50, Delta, Colorado 81416. 

Telephone: (970) 874–6649. 

SUPPLEMENTARY INFORMATION: 

Purpose and Need for Action 

The primary purpose and need for 

this project is to provide adequate 

access to the SMI property at Alta, as 

required by the Alaska National Interest 

Lands Conservation Act (ANILCA). 

There is a need to correct unsafe 

conditions with regard to the current 

design of the intersection with State 

Highway 145, and the location of the 

first segment of NFSR 632 above the 

State Highway. There is also a need to 

provide adequate access to secure 

reasonable use and enjoyment of the 

county approved subdivision located at 

Alta, including year round access. 

Current access is not maintained in 

winter, nor will it provide for the 

predicted year-round increase in use. 

There is a need to reach SMI privately 

owned land with natural gas and phone/ 

fiber optic services. 

Proposed Action/Preliminary 

Alternatives 

In general terms, the proposed Alta 

Access Road and Utility improvements 

would entail granting SMI authority for 

the following actions on National Forest 

System lands: (1) Making improvements 

to Alta Access Road and Highway 145 

Intersection, (2) relocating the lower 

section of the Alta Access Road and 

decommissioning the portion of existing 

road that has been replaced; (3) making 

improvements to the upper section of 

Alta access Road; (4) establishing road 

and utility easements across two short 

segments of National Forest of odd 

shaped ownership, for internal 

subdivision purposes; (5) long term use 

and maintenance of the proposed road 

and utility improvements; (6) granting a 

driveway easement access for an 

adjoining private land parcel; and (7) 

permitting SMI to erect private signs 

along NFSR 632 directing people to 

their subdivision. 

See http://www.fs.fed.us/r2/gmug/

policy/lands/alta/FinalScopingMap_

low_rez.pdf for a map showing the 

project vicinity and proposed action 

elements. 

More specifically, the proposed action 

follows: 

1. Road construction/reconstruction 

of NFSR 632 to provide access to Alta 

Townsite. 

a. Reconstruction of the intersection 

of NFSR 632 and Hwy 145 to comply 

with the AASHTO standards and in 

compliance with CDOT requirements. 

The relocated Alta Access Road/Hwy 

145 Intersection is proposed by SMI to 

occur approximately 50 feet to the north 

of the existing Alta Access Road/Hwy 

145 Intersection within the area of the 

Hwy 145 ROW. An alternative being 

29662 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Notices 

considered is locating this intersection 

at the point of intersection of the old 

highway with Hwy 145, which is 

approximately 1⁄2 mile north of the 

existing intersection, across from the 

entrance to Sunshine campground. In 

either case this intersection with the 

highway would require construction of 

turning lanes and/or blending lanes on 

Hwy 145. 

b. Relocation and construction as two 

9-foot lanes, either paved or gravel, with 

2 foot shoulders on either side, of the 

lower segment of NFSR 632 

commencing at the Hwy 145 

intersection and continuing to a point 

where it reconnects with the existing 

alignment. See Attached Map. Use of 

retaining walls would be emphasized to 

provide stability and reduce the area 

impacted, rather than expansive cuts 

and fills. Options to be considered in 

the analysis include the level of/ 

standard of construction this road 

would be built to, including paving or 

gravel, width, turning radius of curves, 

design speed, and treatment of cut and 

fill. 

c. Obliteration of, or decommissioning 

of, the segment of NFSR 632 that is 

being replaced. Options to be 

considered would address the level of 

ground disturbance for rehabilitation of 

this road alignment, or the use of it as 

a trail. 

d. Re-construction as two 9 foot lanes, 

either paved or gravel, with 2-foot 

shoulders on either side plus ditches 

and other drainage structures, of the 

upper segment of NFSR 632 from the 

point where the relocated lower section 

joins the existing road, on the existing 

alignment to the SMI Property. Use of 

retaining walls would be consistent 

with the new construction, also to 

provide stability. Options in terms of 

road standards considered for this 

segment are the same as just above. 

2. Use, repair and maintain the newly 

constructed/reconstructed road for year 

round access to Alta. This would 

include snowplowing. 

3. Issuance of easements for, and 

construction of, short segments of road 

crossing National Forest System lands of 

internal subdivision roads and utility 

extensions at two locations. These are 

the small triangle shaped inclusion of 

NFS land, and a short segment where 

lower road crosses NFS to reach SMI. 

These would be built to the same 

standards as internal roads and utilities 

within the Alta subdivision. 

4. Installation, operation, use, repair, 

and maintenance of utilities 

(specifically natural gas, phone/fiber 

optic) to the SMI property. Alternative 

routes for this access are (a) Along the 

old Boomerang Road from Mountain 

Village (this is the preferred route by the 

proponent), and (b) along the newly 

constructed and reconstructed NFSR 

632 from Hwy 145. 

5. ‘‘Signage’’ at the intersection of 

NFSR 632 with Hwy 145 indicating that 

this is the location of the access to Alta 

Subdivision. 

6. Maintenance of a short segment of 

the old road alignment, instead of 

obliterating it with the replaced segment 

of lower NFSR 632, to serve as a 

driveway for property owner Richard 

Mayo. 

As part of SMI proposals to mitigate 

impacts to winter recreation use of the 

Alta Lakes area, SMI has indicated plans 

to build a public parking area along the 

Alta Lakes access road, on SMI land to 

replace the parking that now takes place 

at the intersection with Hwy 145. As 

proposed by SMI, this parking area 

would accommodate approximately the 

same number of cars parking as are 

currently using the area at the bottom of 

the road near the highway. 

Alaska National Interest Lands 

Conservation Act (ANILCA) of 1980 

Section 1323 of ANILCA granted nonfederal landowners the statutory right of 

access over public lands administered 

by the BLM (in Alaska only), and 

National Forest System lands anywhere, 

when such lands are needed to provide 

for the reasonable use and enjoyment of 

non-federal lands. The landowner’s 

statutory right of access is limited to 

that which is adequate to secure to the 

owner the reasonable use and 

enjoyment of the subject non-federal 

land. The right of access is also subject 

to the reasonable rules and regulations 

of the Secretaries of Interior and 

Agriculture. 

An ANILCA access situation exists 

where NFS lands are the only 

reasonable option available for the 

landowner to access their land for its 

reasonable use and enjoyment. In such 

cases, the Forest Service is obligated by 

the statute to grant such an access. 

However, the Forest Service has 

discretion in determining the location, 

design, and type of access that it will 

grant across Federal land. The type of 

access should be consistent with access 

to similarly situated lands in the area. 

Lead and Cooperating Agencies 

The Forest Service is the lead agency. 

San Miguel County and the Colorado 

Department of Transportation have been 

invited to become cooperating agencies. 

San Miguel County has declined. 

Colorado DOT has not responded. 

Responsible Official 

The Forest Supervisor of the Grand 

Mesa, Uncompahgre and Gunnison 

National Forests Charles S. Richmond, 

2250 Highway 50, Delta, Colorado 

81416 is the official responsible for 

making the decision on this action. He 

will document his decision and 

rationale in a Record of Decision. 

Nature of Decision To Be Made 

Several specific decisions are to be 

made through this process: 

(1) Whether to authorize new 

construction of a segment of road, as 

proposed, connecting Highway 145 with 

upper portion of Alta Lakes road, or to 

authorize this segment of road 

elsewhere. 

(2) Whether to authorize the upgrade 

of the upper portion of Alta Lakes road 

(NFSR 632) to just below the town-site 

of Alta, as proposed. 

(3) Associated with 1 through 2 above, 

subject to what terms and conditions in 

terms of standards/specifications of 

construction and maintenance. 

(4) What to do with the abandoned 

segment of NFSR 632. 

(5) Whether, and by what route, and 

subject to what conditions to allow 

utilities access for phone/fiber optic and 

natural gas to the SMI property. 

All of items 1–3 just above are being 

taken up under authorities of the Alaska 

National Interest Lands Act (ANICLA) 

as amended, and associated regulations 

at 36 CFR 251. 

Scoping Process 

Scoping for this project will consist of 

this notice in the Federal Register, 

mailing of this notice to parties known 

to be interested, a news release for 

publication in local newspapers, and 

notification of local elected 

representatives. At this time no public 

meetings are planned. 

Preliminary Issues 

The following have been identified as 

preliminary issues: Effects of road 

reconstruction, maintenance and use on 

Threatened or Engangered species 

(lynx); effects of potential road 

alignment along old highway location in 

terms of safety, effects to wetlands, 

impacts to private lands; what to do 

with the segment of the road that would 

be abandoned; effects of utilities 

installation along old Boomerang road 

on wildlife, and the redisturbance of the 

Boomerang road; and the effects of the 

proposed action on changing the 

character of the area. 

Permits or Licenses Required 

Additional permits or licenses which 

may be required in addition to Forest 

Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Notices 29663 

Service authorizations include, but are 

not limited to the following: Permit 

from Colorado Department of 

Transportation for highway access; San 

Miguel County subdivision approval for 

the subdivision of private lands being 

accessed. 

Comment Requested 

This notice of intent initiates the 

scoping process which guides the 

development of the environmental 

impact statement. Public scoping 

describing the proposed ANILCA access 

to Alta town-site is being initiated with 

this Notice of Intent. Comments from 

this scoping effort will be reviewed to 

identify potential issues for this 

analysis. While comments are welcome 

at any time, comments received within 

45 days of the publication of this notice 

in the Federal Register will be most 

useful for the identification of issues 

and the analysis of alternatives. The 

name and mailing address of 

commenters should be provided with 

their comments so that future 

documents pertaining to this 

environmental analysis and the decision 

can be provided to interested parties. 

In the final EIS, the Forest Service 

will respond to any comments, received 

during the public review of the draft 

EIS, that pertain to the environmental 

analysis. Those comments and the 

Forest Service responses will be 

disclosed and discussed in the final EIS 

and will be considered when the final 

decision about this proposal is made. 

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. 

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 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. 

Dated: June 4, 2009. 

Sherry Hazelhurst, 

Deputy Forest Supervisor. 

[FR Doc. E9–14732 Filed 6–22–09; 8:45 am] 

BILLING CODE 3410–11–P 

COMMITTEE FOR THE 

IMPLEMENTATION OF TEXTILE 

AGREEMENTS 

Determination Under the Textile and 

Apparel Commercial Availability 

Provision of the Dominican RepublicCentral America-United States Free 

Trade Agreement (CAFTA–DR 

Agreement) 

June 18, 2009. 

AGENCY: The Committee for the 

Implementation of Textile Agreements. 

ACTION: Determination to add a product 

in unrestricted quantities to Annex 3.25 

of the CAFTA-DR Agreement. 

EFFECTIVE DATE: June 23, 2009. 

SUMMARY: The Committee for the 

Implementation of Textile Agreements 

(‘‘CITA’’) has determined that certain 

yarn dyed, plaid poplin fabric, as 

specified below, is not available in 

commercial quantities in a timely 

manner in the CAFTA-DR countries. 

The product will be added to the list in 

Annex 3.25 of the CAFTA-DR 

Agreement in unrestricted quantities. 

FOR FURTHER INFORMATION CONTACT: 

Laurie Mease, Office of Textiles and 

Apparel, U.S. Department of Commerce, 

(202) 482-2043. 

FOR FURTHER INFORMATION ONLINE: http://web.ita.doc.gov/tacgi/ 

CaftaReqTrack.nsf. Reference number: 

120.2009.05.15.Fabric.SS&Afor 

CintasCorp. 

SUPPLEMENTARY INFORMATION: 

Authority: The CAFTA-DR Agreement; 

Section 203(o)(4) of the Dominican RepublicCentral America-United States Free Trade 

Agreement Implementation Act (CAFTA-DR 

Implementation Act), Pub. Law 109-53; the 

Statement of Administrative Action (SAA), 

accompanying the CAFTA-DR 

Implementation Act; and Presidential 

Proclamations 7987 (February 28, 2006) and 

7996 (March 31, 2006). 

BACKGROUND: 

The CAFTA-DR Agreement provides a 

list in Annex 3.25 for fabrics, yarns, and 

fibers that the Parties to the CAFTA-DR 

Agreement have determined are not 

available in commercial quantities in a 

timely manner in the territory of any 

Party. The CAFTA-DR Agreement 

provides that this list may be modified 

pursuant to Article 3.25(4)-(5), when the 

President of the United States 

determines that a fabric, yarn, or fiber is 

not available in commercial quantities 

in a timely manner in the territory of 

any Party. See Annex 3.25 of the 

CAFTA-DR Agreement; see also section 

203(o)(4)(C) of the CAFTA-DR 

Implementation Act. 

The CAFTA-DR Implementation Act 

requires the President to establish 

procedures governing the submission of 

a request and providing opportunity for 

interested entities to submit comments 

and supporting evidence before a 

commercial availability determination is 

made. In Presidential Proclamations 

7987 and 7996, the President delegated 

to CITA the authority under section 

203(o)(4) of CAFTA-DR Implementation 

Act for modifying the Annex 3.25 list. 

On September 15, 2008, CITA published 

modified procedures it would follow in 

considering requests to modify the 

Annex 3.25 list of products determined 

to be not commercially available in the 

territory of any Party to CAFTA-DR 

(Modifications to Procedures for 

Considering Requests Under the 

Commercial Availability Provision of 

the Dominican Republic-Central 

America-United States Free Trade 

Agreement, 73 FR 53200) 

(‘‘procedures’’). 

On May 15, 2009, the Chairman of 

CITA received a Request for a