OCR Text |
Show Legal Notices Legals Continued, from. Page 19 shareholders for monetary damages taken or any failure to take any action as a director. No repeal, amendment or modification of this article, whether direct or indirect, shall eliminate or reduce its effect with respect to any act or omission of a director of the Corporation occurring prior to such repeal, amendment for any action or modification. EXECUTED this 3rd day of June, 1999 by all of the incorporators: Signed: Verna Mae C. Petersen, Incorporator Phone (520) Fax (520) 525-258- 9 Decision Notice Kaibab Lodge Expansion and Term Special Use Permit ened, endangered, and sensitive spe- as per the accepted Concept Plan cies; are impacts to Other natural and once all other federal, state, and cultural resources mitigated; is the county requirements were met. PAOT infrastructure (water system, waste-watcapacities would be a maximum of system, electricity, road sys- 206 pillows for lodging and about 85 tem and access, etc.) adequate for seats in the dirng room, which would expansion of lodging and dining facil- be one third of the additional private sector lodging suggested by Amendities? Subsequent consultation with federal ment One to the Kaibab National Forand state agencies and a tribal gov- est Plan. Fuels created from clearing ernment occurred. Chapter 5 of the vegetation or removing old buildings environmental assessment docu- would be treated. A site development ments public involvement efforts. plan and time schedule would be developed by the permittee. The Forest Prior to a decision being made, the Service would issue and administer a environmental assessment (EA) was Term Special Use Permit, and manmade available for a 30 day public age the permittees expansion project review and comment period by pub- through the terms and conditions in lishing a legal notice in the Arizona the permit. The permit area would Daily Sun and by informing parties increase by about 1 1 acres. An unwho were active participants in the derground sewage treatment system environmental analysis, by mail, of ,wou!d not be constructed. the completion of the EA and the 30 day review and comment period. Alternatives Eliminated from Detailed During the formal comment period, Consideration North Kaibab Ranger District Kaibab National Forest USDA Forest Service Coconino County, Arizona An Environmental Assessment and Finding of No. Significant Impact have been prepared which address the purpose and need for expanding lodging and visitor services at Kaibab Lodge, currently authorized Special Use Permit. under DECISION AND RATIONALE It is my decision to implement actions of Alternative 2. The following actions will be imple- mented: expand Kaibab Lodge as per the accepted Concept Plan, to increase 8 m no written or verbal comments were received. comments received throughout the planning and analysis are considered in this decision. All ALTERNATIVES CONSIDERED The alternatives considered in detail included a no action alternative and two action alternatives that respond to the purpose and need for action and issues (refer to Chapter 1 of the environmental assessment). Three alternatives yvere reviewed and eliminated from further consideration. Alternatives Considered in Detail Complete descriptions, including project design standards and mitigation measures, of these alternatives are contained in Chapter 2 of the environmental assessment. m health and code standards; safety 6th Judicial District Court, 76 North facilities meet standards sanitation Main, Kanab, Utah, on Wednesday, for capacity, accessibility, and cleanNovember 3, 1999, at the hour of liness; hazard trees are identified and 1 0:00 a.m. of that day for the purpose removed in atimely manner; adequate of foreclosing, a deed of trust exwater storage is available for reserve ecuted by Betty L Lindsay, in favor of structural fire suppression protection WASHINGTON MUTUAL BANK FSB, of lodge facilities; safe road access is covering real property located at approvided for all users; and accessibilproximately 1039 Pine Ridge, Duck ity is provided under the Americans Creek, Kane County, Utah, and more with Disabilities Act guidelines for the particularly described as: main lodge, restaurant, and lodging. ALL OF LOTS 39 AND 40, MEADOW VIEW ESTATES, UNIT All practicable means of avoiding or A, ACCORDINGTOTHE OFFICIAL environmental harm have PLAT THEREOF, IN THE OFFICE minimizing been incorporated in the project deOF THE RECORDER OF KANE sign. Detailed mitigation measures COUNTY, STATE OF UTAH. and project design standards are conThe trustees sale of the tained in Chapter 2 of the environaforedescribed real property will be mental assessment. The project admade without warranty as to title, ministrator will be responsible for possession, or encumbrances. Bid-- , implementing the project as designed. ders must be prepared to tender Effectiveness monitoring will be con$5,000.00 in certified funds at the ducted by a plant specialist and an sale and the balance of the purchase archaeologist.. Chapter 4 of the price in certified funds within 24 hours assessment discusses envi-rorment- al of the sale. implementation and effectiveness DATED this 28 day of September, 1999 Marlon L Bates, Trustee SCALLEY & READING, P.C. 261 East 300 South, Suite 200 Salt Lake City, Utah 84111 Telephone: (801)531-787- 0 Published in the Southern Utah News & 20, 1999. on October 6.-1- 3 iTh R Ad JL Forest Plan suggests an overall increase in private sector lodging of up to 325 PAOTs. er lodging capacity by up to 162 additional PAOTs and dining capacity by Acceptance of Appointment by additional 30 seats, by construction of new and additional facilities; Statutory Agent install the preplanned underground The undersigned hereby acknowlsewage treatment plant into the existand accepts the appointment ing wastewater treatment facility; edges as statutory agent of the above-name- d burn debris or slash created from Corporation effective this 3rs day of clearing construction sites of vegetation or existing buildings; June, 1999. issue a Term Special Use Permit to Canyoneers, lnc.Kaibab Lodge limSigned: Tom Shannon, CPA ited partnership, a joint venture, for long-ter124 Kletha Ovi management and operaAZ 8G001 of tion Kaibab the Flagstaff, Lodge and Country increase and Store, permit area to in Published the Southern Utah News about 23 acres. . on September 29, October 6 & 13, This alternative meets the purpose 1999. and need for action by moving redeNOTICE OF TRUSTEES SALE source conditions towards those sired. Specifically, action will betaken to assure that expanded resort lodgThe following described real proping is within the framework of a maserty will be sold at public auction to ter permitted baplan on a long-terthe highest bidder, purchase price with in views from sis, and harmony payable in lawful money of the United all permitted structures States of America at the time of sale, Highway 67; infrastructure meet applicable and at the fountain on the west side of the 525-237- SOUTHERN UTAH NEWS WEDNESDAY OCTOBER 6, 1899 monitoring. Alternative 1 - No action (Continue Current Management) Under this alternative, the Lodge would continue to operate as is. A Term Special Use Permit would be issued to the current permittee. Expansion as per the accepted Concept Plan would not be authorized. Alternative 2 This alternative would auhorize the permittee to proceed with expansion as per the accepted Concept Plan once all other federal, state, and county requirements were met. A site development plan and time schedule would be developed by the permittee. PAOT capacities would be a maximum of 258 pillows for lodging (the actual number of rooms would depend on the design capacity of each room) and about 100 seats in the dining room, which is one half of the addition private sector lodging suggested by Amendment 1 to the Kaibab National Forest Plan. Fuels created from clearing vegetation or removing old buildings would be treated. Installation of an underground sewage treatment system would occur within the existing wastewater treatment area. The Forest Service would issue and administer a Term Special Use Per- Send out a prospectus and open-u- p provision of additional lodging and dining facilities to a potential new permittee or at a new site on the Kaibab Plateau. This was not considered because there are currently two approved sites and two existing permittees that have previously developed or are currently developing Concept Plans for expansion of their existing operation to handle the additional demand. Dedicating an additional site for private sector resorts on the Kaibab Plateau is neither desirable nor necessary at this time. threatened, endangered, and sensitive species of wildlife and plants, or their habitat, known to exist on the North Kaibab Ranger District. The former District Plants Staff had previously determined the project would have no effect on Castilleja kaibabensis and Penstemon pseudoputus (sensitive plants) and the Zone Botanist formerly concurred with this finding. The heritage resource clearance has been completed with concurrence the State Historic Preservation Officer. The historic nature of sites eligible to the National Register of Historic Places will not be affected by the proposed action. Should the Permittee propose alterations to the existing Lodge and Country Store buildings at a future date, the Forest Service will consult with the Arizona State Historic Preservation Office, as per agreement, and ensure compliance with Section 106 of the National HisConsider expansion activities colocated in the vicinity of and behind toric Preservation Act, prior to granting approval of a proposed action. the Country Store. This was considered previously by the permittee and eliminated prior to Finding of No Significant Impact development of the accepted Con- Based on the environmental assessment, a Finding of No Significant Imcept Plan. pact (FONSI) was made. Refer to Consider authorizing Canyoneers to attached FONSI. expand to a capacity of all or a majorImplementation Date ity of all of the available 325 PAOTs for the private sector expansion on Pursuant to 36 CFR 215.10(c), this project may be implemented immedithe Kaibab Plateau. This was not considered because the ately upon the publication of the noother existing permittee would like tice of the decision. Implementation the opportunity to expand and pro- means actually doing ground disturbvide portion of the additional demand ing actions described in this notice. for lodging on the Plateau. Canyoneers accepted Concept Plan Appeal Rights identifies expansion up to the accept- This decision is not subject to appeal able limits of environmental change in accordance with 36 CFR for the permitted area, especially in 21 5.8(a)(3), however it is appealable terms of wastewater handling capaci- under 36 CFR 251. ty, and known heritage resource sites. The full 325 PAOTs is also beyond Information Contacts the permittees desires for expansion. For further information contact Gary Holstein, Public Services Branch Leader, at the North Kaibab Ranger FINDINGS The selected alternative is consistent District, P.O. Box 248, Fredonia, AZ with the Kaibab Forest Plan, as 86022. Telephone: (520)643-739- 5 643-810amended. This finding is based on FAX: (520) the following rationale: from 5. il: gholsten r3kaibabnkaibabfs.fed.us This action contributes to the accomplishment of outdoor recreation goals identified in the Forest Plan (pages 1 1 5) by providing recreation facilities to increase opportunities for a wide variety of developed and dismit, and manage the permittees expersed experiences; managing facilipansion project through the terms ties and use to minimize resource and conditions in the permit. The degradation; providing for the safety permit area would increase by about and well being of the public. PUBLIC INVOLVEMENT AND SCOPING A detailed proposal for management of Kaibab Lodge and its expansion was sent out for scoping comments in October, 1996. Comments were re- 11 acres. ceived from nine parties. Scoping identified four substantive issues: are Alternative 3 scenic values protected and impacts This alternative would authorize the mitigated; are there impacts to threat permittee to proceed with expansion Biological Assessments and Evaluations were completed and are included in the project record. The proposed area had been thought to contain mixed conifer habitat that would be critical for recovery of the Mexican spotted owl. However, field review confirmed the area is a SDrucefir vegetation type not critical to the Mexican spotted owl, and therefore a finding of no effect has been determined by the District Wildlife Biologist. No effect determinations were made by the District Wildlife Biologist for all 4-- The North Kaibab Ranger District Recreation Strategy (1997) recognizes the need for additional lodging. Amendment 1 to the Kaibab National Date: August 27, 1999 CONNY FRISCH Forest Supervisor Published in the Southern Utah News on October 6, 1999. See LEGALS, Page 22 |