[Federal Register: August 22, 2003 (Volume 68, Number 163)]
[Notices]
[Page 50746-50747]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au03-41]
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DEPARTMENT OF AGRICULTURE
Forest Service
Curry and Hill Private Property Access, Medicine Bow-Routt
National Forests, Jackson County, CO
AGENCY: USDA, Forest Service.
ACTION: Notice of Intent to prepare an Environmental Impact Statement.
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SUMMARY: The Forest Service will prepare an Environmental Impact
Statement (EIS) to assess and disclose the environmental effects of
issuing a road easement to allow motorized access to private property
surrounding Matheson Reservoir. Matheson Reservoir and the Curry and
Hill private property are located in Township 4 North, Range 79 West,
Section 19 on the Parks Ranger District of the Routt National Forest in
Colorado.
Proponents have requested a road easement for year-round motorized
access across National Forest System (NSF) lands to their property for
non-commercial purposes. Access would be granted through the Alaska
National Interest Lands Conservation Act of 1980 (Pub. L. 96-487). As
proposed, the proponents would access NFS lands in Township 3 North,
Range 79 West, Section 8 and proceed north approximately 5 miles to
Township 4 North, Range 79 West, Section 19 utilizing National Forest
System Trail 58, also known as the Grimes Trail. The Grimes Trail has
been closed to motorized use since 1994, and major improvements would
be necessary to accommodate full-size vehicles.
The portion of the Grimes Trail that accesses the private land is
located in a non-motorized management area prescription (1.32,
Backcountry Recreation, Non-motorized). It is also located in the
Troublesome Inventoried Roadless Area. For these reasons, authorization
of a road easement would require an amendment to the Routt National
Forest Land and Resource Management Plan (Forest Plan, 1997).
The purpose for this action is to decide the type of access Curry
and Hill need to secure reasonable use and enjoyment of their land in
Section 19, T4N, R79W. Reasonable use per 36 CFR 251.114(a) is ``based
on contemporaneous uses made of similarly situated lands in the area.''
The need for the action is to respond to Curry and Hill's request
that the Forest Service issue an easement for motorized use of the
Grimes Trail. The Forest Service must also determine the terms and
conditions under which the proponents may access the Curry and
[[Page 50747]]
Hill private property while protecting National Forest resources and
improvements.
The Forest Service is giving notice that it is beginning a full
environmental analysis and decision-making process for this proposal so
that potentially interested or affected individuals, agencies, or
organizations can participate in the process and contribute to the
final decision. All comments and suggestions on the scope of the
analysis and decision-making process are welcome.
DATES: Public scoping to determine the effects of issuing a road
easement for the Grimes Trail is initiated through publication of this
Notice of Intent in the Federal Register. Written comments and
suggestions should be postmarked within 30 days of the day after this
notice is published in the Federal Register to receive consideration. A
draft EIS that will have a 45-day public comment period is expected in
November 2003. A final decision is expected in March 2004.
ADDRESSES: Send written comments to Melissa Martin, Medicine Bow-Routt
National Forests Supervisor's Office, 2468 Jackson Street, Wyoming
82070. Electronic mail (e-mail) may be sent to mmmartin@fs.fed.us and
FAX may be sent to (307) 745-2398. Telephone: (307) 745-2371.
FOR FURTHER INFORMATION CONTACT: Tom Florich, Recreation and Lands
Program Manager, Medicine Bow-Routt National Forests, 2468 Jackson
Street, Laramie, Wyoming 82070. Telephone: (307) 745-2435.
SUPPLEMENTARY INFORMATION: Curry and Hill had been accessing their
private land north off of County Road 2, located in Jackson County,
Colorado, through another private landowner's property, through BLM
land, onto NFS land. Although Curry and Hill claim access was deeded
through the other private landowner on April 30, 1918, the private
landowner has been denying Curry and Hill access. Litigation is
currently pending to determine whether or not Curry and Hill have legal
access across this private land. The Grimes Trail has been closed to
motorized use since 1994.
Since the matter of reasonable access to this inholding must be
resolved, subject to rules and regulations, the Forest Service has
decided that it would be prudent to address the proposal at this time.
Preliminary Alternatives: Proposed Action--Road Easement
Authorization: Under the Proposed Action, the Forest Service would
issue a road easement for year-round motorized access across National
Forest System (NFS) lands to the Curry and Hill private property for
non-commercial purposes. As proposed, the proponents would access NFS
lands in Township 3 North, Range 79 West, Section 8 and proceed north
approximately 5 miles to Township 4 North, Range 79 West, Section 19
utilizing National Forest System Trail 58, also known as the Grimes
Trail. The Grimes Trail has been closed to motorized use since 1994,
and major improvements would be necessary to accommodate full-size
vehicles.
The portion of the Grimes Trail that accesses the private land is
located in a non-motorized management area prescription (1.32,
Backcountry Recreation, Non-motorized). It is also located in the
Troublesome Inventoried Roadless Area. For these reasons, authorization
of a road easement would require an amendment to the Routt National
Forest Land and Resource Management Plan (Forest Plan, 1997).
Alternative Access: The Forest Service would authorize access to
the private land from the north in a motorized portion of National
Forest. Access would be off of State Highway 125 to National Forest
Service Road (NFSR) 106, also known as the Willow Creek Road. From
there, access would be off of NFSR 730 to NFSR 107. NFSR 107 terminates
where it intersects Sheep Creek and connects with Trail 57 on the other
side. Trail 57 crosses a riparian area before entering the private
land. To avoid the riparian area, roughly \3/4\ of a mile of road
construction would be necessary.
No Action: The Forest Service would deny request for the easement
and would issue an Off-road Vehicle Use permit for limited use of All
Terrain Vehicles (ATVs) on the Grimes Trail. No improvements to the
Grimes Trail would be necessary.
Preliminary Issues: The following preliminary issues have been
identified:
[sbull] Roadless area road construction/reconstruction (motorized
access in a non-motorized prescription).
Decisions To Be Made: The Forest Service is required to provide,
subject to reasonable rules and regulations, access across NFS lands as
deemed adequate for landowner's reasonable enjoyment of their property.
However, the Forest Service is not required to provide the most direct,
economical, or convenient route for the landowner. The Forest Service
must assure that the access provided is acceptable within the
guidelines of the Forest Plan.
Based on the above information, the environmental effects of the
alternatives, and the comments submitted during the public
participation process, the responsible official must decide:
[sbull] Whether or not to provide access across NFS land currently
located in a non-motorized management area prescription (Proposed
Action) or to require alternate access; and
[sbull] The terms and conditions under which the proponents may
access the Curry and Hill private property while also protecting the
surface natural resources in the area.
Reviewer Obligations: The comment period for this proposal will be
30 days from the day after this Notice of Intent is published in the
Federal Register.
Release of Names: Comments received in response to this
solicitation, including names and addresses of those who comment, will
be considered part of the public record on this Proposed Action and
will be available for public inspection. Comments submitted anonymously
will be accepted and considered; however, those who submit anonymous
comments will not have standing to appeal the subsequent decision under
36 CFR parts 215 or 217. Additionally, pursuant to 7 CFR 1.27(d), any
person may request the agency to withhold a submission from the public
record by showing how the Freedom of Information Act (FOIA) permits
such confidentiality. Persons requesting such confidentiality should be
aware that, under the FOIA, confidentiality may be granted in only very
limited circumstances, such as to protect trade secrets. The Forest
Service will inform the requester of the agency's decision regarding
the request for confidentiality, and where the request is denied, the
agency will return the submission and notify the requester that the
comments may be resubmitted with or without name and address within ten
(10) days.
Responsible Official: The responsible official is the Forest
Supervisor of the Medicine Bow-Routt National Forests.
As the Responsible Official, I will decide which, if any, of the
alternatives to be described in the draft Environmental Impact
Statement will implemented. I will document the decision and reasons
for my decision in a Record of Decision.
Dated: August 15, 2003.
Mary H. Peterson,
Medicine Bow-Routt National Forests.
[FR Doc. 03-21567 Filed 8-21-03; 8:45 am]