81 FR 55173 - White River National Forest; Eagle County, CO; Berlaimont Estates Access Route EIS

DEPARTMENT OF AGRICULTURE
Forest Service

Federal Register Volume 81, Issue 160 (August 18, 2016)

Page Range		55173-55174
FR Document		2016-19700

Berlaimont Estates LLC (Berlaimont) owns a 680-acre private inholding (subject property) within the White River National Forest to the north of Interstate 70 in the vicinity of Edwards, Colorado. Berlaimont intends on the developing the property as 19 individual residential lots, with each at least 35 acres in size. Currently, the subject property may be accessed by National Forest System Roads (NFSR) 774 and 780, which connects to the southeastern corner of this horseshoe-shaped subject property. Berlaimont has applied for an easement to construct, improve, utilize, and maintain an access road for reliable, year-round vehicular access to reach the developable areas (northern portion) of the subject property. Specifically, Berlaimont is proposing to improve segments of the existing NFSR 774 (1.04 miles) and NFSR 780 (3.09 miles), as well as construct a new road segment (1.16 miles) across additional National Forest System (NFS) lands in order to access the northern portion of the subject property. Improvements would consist of constructing a 20'-wide asphalt road with a 3' gravel shoulder, vehicle turnouts, retaining walls, traffic signs, guardrails, erosion control facilities, and drainage facilities.

Federal Register, Volume 81 Issue 160 (Thursday, August 18, 2016)

[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Notices]
[Pages 55173-55174]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19700]


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DEPARTMENT OF AGRICULTURE

Forest Service


White River National Forest; Eagle County, CO; Berlaimont Estates 
Access Route EIS

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: Berlaimont Estates LLC (Berlaimont) owns a 680-acre private 
inholding (subject property) within the White River National Forest to 
the north of Interstate 70 in the vicinity of Edwards, Colorado. 
Berlaimont intends on the developing the property as 19 individual 
residential lots, with each at least 35 acres in size. Currently, the 
subject property may be accessed by National Forest System Roads (NFSR) 
774 and 780, which connects to the southeastern corner of this 
horseshoe-shaped subject property. Berlaimont has applied for an 
easement to construct, improve, utilize, and maintain an access road 
for reliable, year-round vehicular access to reach the developable 
areas (northern portion) of the subject property. Specifically, 
Berlaimont is proposing to improve segments of the existing NFSR 774 
(1.04 miles) and NFSR 780 (3.09 miles), as well as construct a new road 
segment (1.16 miles) across additional National Forest System (NFS) 
lands in order to access the northern portion of the subject property. 
Improvements would consist of constructing a 20'-wide asphalt road with 
a 3' gravel shoulder, vehicle turnouts, retaining walls, traffic signs, 
guardrails, erosion control facilities, and drainage facilities.

DATES: Comments concerning the scope of the analysis must be received 
by October 3, 2016. The draft environmental impact statement is 
expected to be available for public review in the March of 2017 and the 
final environmental impact statement is expected in the June of 2017.

ADDRESSES: Send written comments to Scott Fitzwilliams, Forest 
Supervisor, c/o Matt Klein, Realty Specialist, White River National 
Forest, P.O. Box 190, Minturn, CO 81645. Comments may also be sent via 
email to [email protected] (include ``Berlaimont Estate Access 
Route EIS'' in the subject line), electronically at https://cara.ecosystem-management.org/Public//CommentInput?Project=50041, or 
via facsimile to (970) 827-9343.
    All comments, including names and addresses when provided, are 
placed in the record and are available for public inspection and 
copying. The public may inspect comments received at the Holy Cross 
Ranger Station, 24747 U.S. Highway 24, Minturn, CO 81645. Visitors are 
encouraged to call ahead to (970) 827-5715 to facilitate entry into the 
building.

FOR FURTHER INFORMATION CONTACT: Additional information related to the 
project can be obtained from the project Web page: http://www.fs.fed.us/nepa/nepa_project_exp.php?project=50041 or by contacting 
Matt Klein, Realty Specialist, Eagle/Holy Cross Ranger District, 24747 
US Hwy 24, P.O. Box 190, Minturn, Colorado 81645. Mr. Klein can be 
reached by phone at (970) 827-5182 or by email at 
[email protected].
    Individuals who use telecommunication devices for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.

SUPPLEMENTARY INFORMATION:

Estimated Dates

    The draft Environmental Impact Statement is expected March of 2017, 
and the final Environmental Impact Statement is expected June of 2017.

Purpose and Need for Action

    The purpose of the proposed project is to provide reliable, year-
round vehicular access to the developable portions of Berlaimont's 
private inholding property.
    The need for the proposed project is that the existing NSFRs may 
not provide adequate access to secure reasonable use and enjoyment of 
the Berlaimont's property, to which they assert they are entitled under 
the Alaska National Interest Lands Conservation Act (ANILCA).

Proposed Action

    The Proposed Action is to grant an easement to Berlaimont to 
improve (pave), utilize, and maintain segments of the existing NFSR 774 
(1.04 miles) and NFSR 780 (3.09 miles), which grants access to the 
southeastern corner of the property only.

Possible Alternatives

    An alternative will also be analyzed that includes the proposed 
action with the addition of constructing, utilizing, and maintaining a 
new road segment (1.16 miles) across NFS lands in order to access the 
northern portion of the subject property.

Responsible Official

    The Responsible Official is Mr. Scott Fitzwilliams, Forest 
Supervisor, c/o Matt Klein, Realty Specialist, White River National 
Forest, P.O. Box 190, Minturn, CO 81645.

Nature of Decision To Be Made

    Based on the analysis that will be documented in the forthcoming 
EIS, the Responsible Official will decide whether or not to implement, 
in whole or in part, the Proposed Action or another alternative that 
may be developed by the Forest Service as a result of scoping.

Scoping Process

    This Notice of Intent initiates the scoping process, which guides 
the development of the Environmental Impact Statement (EIS). The Forest 
Service is soliciting comments from Federal, State and local agencies 
and other individuals or organizations that may be interested in or 
affected by implementation of the proposed project. Public questions 
and comments regarding this proposal are an integral part of this 
environmental analysis process. Input provided by interested and/or 
affected individuals, organizations and governmental agencies will be 
used to identify alternative actions and resource issues that will be 
analyzed in the EIS. The Forest Service will identify significant 
issues raised during the scoping process, and use them to formulate 
alternatives, prescribe mitigation measures and project design 
features, or analyze environmental effects.
    A public open house meeting will be held on Wednesday, September 
7th, 2016 from 6:00 p.m. to 9:00 p.m. at the Edwards facility for Eagle 
County EMS/

[[Page 55174]]

Paramedics (1055 Edwards Village Blvd., Edwards, CO 81632). The meeting 
will be held in the classroom. It is important that reviewers provide 
their comments at such times and in such manner that they are useful to 
the agency's preparation of the EIS. Therefore, comments should be 
provided prior to the close of the comment period and should clearly 
articulate the reviewer's concerns and contentions.
    Comments received in response to this solicitation, including names 
and addresses of those who comment, will be part of the public record 
for this proposed action. Comments submitted anonymously will be 
accepted and considered, however.
    There will be an additional opportunity to comment when the Notice 
of Availability of the Draft EIS is published in the Federal Register. 
For objection eligibility, each individual or representative from each 
entity submitting written comments must either sign the comment or 
verify identity upon request. Individuals and organizations wishing to 
be eligible to object must meet the information requirements in 36 CFR 
218.25(a)(3).

Preliminary Issues

    Section 1323(a) of the ANILCA statute (incorporated into 36 CFR 
Subpart D) compels the agency to authorize access to non-Federal land 
within the boundaries of NFS lands [i.e. inholdings], to the extent 
that such access is adequate for providing reasonable use and enjoyment 
of that inholding consistent with other, similiarly situated non-
Federal lands.
    In addition to providing reasonable use and enjoyment, 36 CFR 
Subpart D requires that any authorized access route be located and 
constructed so as to minimize damage or disturbance to NFS lands and 
resources.
    Consequently, a key issue for this project is to determine what 
route location(s) and level of construction are necessary in order to 
achieve ``adequate access'' for ``reasonable use and enjoyment'' of the 
applicant's inholding property.

Permits or Licenses Required

    This Proposed Action considers the issuance of a road easement from 
the Forest Service to Berlaimont under the authority of the Federal 
Land Policy and Management Act of 1976 (FLPMA).

Comment Requested

    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 state, 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 positions 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 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.

    Dated: August 12, 2016.
Scott G. Fitzwilliams,
Forest Supervisor.
[FR Doc. 2016-19700 Filed 8-17-16; 8:45 am]
 BILLING CODE 3411-15-P

Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices 55173

A cabin rental analysis performed in guardrails, erosion control facilities, and property, to which they assert they are
2015 for the cabins in the Alaska Region drainage facilities. entitled under the Alaska National
has shown that people desire having DATES: Comments concerning the scope Interest Lands Conservation Act
this type of recreation experience on the of the analysis must be received by (ANILCA).
Tongass National Forest. The proposed October 3, 2016. The draft Proposed Action
$75 per night cabin rental fee for Deep environmental impact statement is
Bay Cabin is consistent with the fee expected to be available for public The Proposed Action is to grant an
charged at the only other large group review in the March of 2017 and the easement to Berlaimont to improve
cabin on the Tongass National Forest final environmental impact statement is (pave), utilize, and maintain segments of
and is both reasonable and acceptable expected in the June of 2017. the existing NFSR 774 (1.04 miles) and
for this sort of unique recreation NFSR 780 (3.09 miles), which grants
ADDRESSES: Send written comments to
experience. People interested in renting access to the southeastern corner of the
Scott Fitzwilliams, Forest Supervisor, c/
the facility will need to go through the property only.
o Matt Klein, Realty Specialist, White
National Recreation Reservation River National Forest, P.O. Box 190, Possible Alternatives
Service, at www.recreation.gov or by Minturn, CO 81645. Comments may also
calling 1–877–444–6777. The National An alternative will also be analyzed
be sent via email to matthewklein@ that includes the proposed action with
Recreation Reservation Service charges fs.fed.us (include ‘‘Berlaimont Estate
a $9 fee for online reservations and a the addition of constructing, utilizing,
Access Route EIS’’ in the subject line), and maintaining a new road segment
$10 fee for phone in reservations. electronically at https://cara.ecosystem- (1.16 miles) across NFS lands in order
Dated: August 11, 2016. management.org/Public// to access the northern portion of the
M. Earl Stewart, CommentInput?Project=50041, or via subject property.
Forest Supervisor, Tongass National Forest. facsimile to (970) 827–9343.
[FR Doc. 2016–19714 Filed 8–17–16; 8:45 am] All comments, including names and Responsible Official
BILLING CODE 3411–15–P
addresses when provided, are placed in The Responsible Official is Mr. Scott
the record and are available for public Fitzwilliams, Forest Supervisor, c/o
inspection and copying. The public may Matt Klein, Realty Specialist, White
DEPARTMENT OF AGRICULTURE inspect comments received at the Holy River National Forest, P.O. Box 190,
Cross Ranger Station, 24747 U.S. Minturn, CO 81645.
Forest Service Highway 24, Minturn, CO 81645.
Visitors are encouraged to call ahead to Nature of Decision To Be Made
White River National Forest; Eagle (970) 827–5715 to facilitate entry into Based on the analysis that will be
County, CO; Berlaimont Estates the building. documented in the forthcoming EIS, the
Access Route EIS
FOR FURTHER INFORMATION CONTACT: Responsible Official will decide
AGENCY: Forest Service, USDA. Additional information related to the whether or not to implement, in whole
ACTION:Notice of intent to prepare an project can be obtained from the project or in part, the Proposed Action or
environmental impact statement. Web page: http://www.fs.fed.us/nepa/ another alternative that may be
nepa_project_exp.php?project=50041 or developed by the Forest Service as a
SUMMARY: Berlaimont Estates LLC by contacting Matt Klein, Realty result of scoping.
(Berlaimont) owns a 680-acre private Specialist, Eagle/Holy Cross Ranger
inholding (subject property) within the Scoping Process
District, 24747 US Hwy 24, P.O. Box
White River National Forest to the north 190, Minturn, Colorado 81645. Mr. This Notice of Intent initiates the
of Interstate 70 in the vicinity of Klein can be reached by phone at (970) scoping process, which guides the
Edwards, Colorado. Berlaimont intends 827–5182 or by email at matthewklein@ development of the Environmental
on the developing the property as 19 fs.fed.us. Impact Statement (EIS). The Forest
individual residential lots, with each at Individuals who use Service is soliciting comments from
least 35 acres in size. Currently, the telecommunication devices for the deaf Federal, State and local agencies and
subject property may be accessed by (TDD) may call the Federal Information other individuals or organizations that
National Forest System Roads (NFSR) Relay Service (FIRS) at 1–800–877–8339 may be interested in or affected by
774 and 780, which connects to the between 8 a.m. and 8 p.m., Eastern implementation of the proposed project.
southeastern corner of this horseshoe- Time, Monday through Friday. Public questions and comments
shaped subject property. Berlaimont has SUPPLEMENTARY INFORMATION: regarding this proposal are an integral
applied for an easement to construct, part of this environmental analysis
improve, utilize, and maintain an access Estimated Dates process. Input provided by interested
road for reliable, year-round vehicular The draft Environmental Impact and/or affected individuals,
access to reach the developable areas Statement is expected March of 2017, organizations and governmental
(northern portion) of the subject and the final Environmental Impact agencies will be used to identify
property. Specifically, Berlaimont is Statement is expected June of 2017. alternative actions and resource issues
proposing to improve segments of the that will be analyzed in the EIS. The
existing NFSR 774 (1.04 miles) and Purpose and Need for Action Forest Service will identify significant
NFSR 780 (3.09 miles), as well as The purpose of the proposed project issues raised during the scoping
construct a new road segment (1.16 is to provide reliable, year-round process, and use them to formulate
rmajette on DSK2TPTVN1PROD with NOTICES

miles) across additional National Forest vehicular access to the developable alternatives, prescribe mitigation
System (NFS) lands in order to access portions of Berlaimont’s private measures and project design features, or
the northern portion of the subject inholding property. analyze environmental effects.
property. Improvements would consist The need for the proposed project is A public open house meeting will be
of constructing a 20′-wide asphalt road that the existing NSFRs may not provide held on Wednesday, September 7th,
with a 3′ gravel shoulder, vehicle adequate access to secure reasonable use 2016 from 6:00 p.m. to 9:00 p.m. at the
turnouts, retaining walls, traffic signs, and enjoyment of the Berlaimont’s Edwards facility for Eagle County EMS/

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Document Created: 2016-08-17 23:46:24
Document Modified: 2016-08-17 23:46:24

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of intent to prepare an environmental impact statement.
Dates		Comments concerning the scope of the analysis must be received by October 3, 2016. The draft environmental impact statement is expected to be available for public review in the March of 2017 and the final environmental impact statement is expected in the June of 2017.
Contact		Additional information related to the project can be obtained from the project Web page: http:// www.fs.fed.us/nepa/nepa_project_exp.php?project=50041 or by contacting Matt Klein, Realty Specialist, Eagle/Holy Cross Ranger District, 24747 US Hwy 24, P.O. Box 190, Minturn, Colorado 81645. Mr. Klein can be reached by phone at (970) 827-5182 or by email at [email protected]
FR Citation		81 FR 55173

81 FR 55173 - White River National Forest; Eagle County, CO; Berlaimont Estates Access Route EIS

DEPARTMENT OF AGRICULTUREForest Service

Federal Register Volume 81, Issue 160 (August 18, 2016)

DEPARTMENT OF AGRICULTURE
Forest Service