Notice of intent to prepare a Joint Environmental Impact Statement and To Conduct Public Scoping |
|---|
|
Karl H. Calvo
Department of Homeland Security
Shanda Fallau Dekome
Department of Agriculture
27 April 2016
[Federal Register Volume 81, Number 81 (Wednesday, April 27, 2016)]
[Notices]
[Pages 24839-24842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09790]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF AGRICULTURE
Forest Service
Notice of intent to prepare a Joint Environmental Impact
Statement and To Conduct Public Scoping
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security and Forest Service, USDA.
ACTION: Notice of intent to prepare a Joint Environmental Impact
Statement concerning the repair and maintenance of Bog Creek Road and
closure of certain roads within the Blue-Grass Bear Management Unit in
the Selkirk Mountains in Boundary County, Idaho; request for comments;
and notice of public scoping.
-----------------------------------------------------------------------
SUMMARY: This notice announces that U.S. Customs and Border Protection
(CBP) and the U.S. Forest Service (Forest Service) Idaho Panhandle
National Forests (IPNF) (collectively the ``Agencies'') intend to
prepare a joint Environmental Impact Statement (EIS) to identify and
assess potential impacts upon the environment of: Repairing and
maintaining an approximately 5.6-mile section of the existing Bog Creek
Road, which is located in the Selkirk Mountains in Boundary County,
Idaho, within approximately two miles of the Canadian border, on land
within the Blue-Grass Bear Management Unit (BMU) that is managed by the
IPNF; and closing for motorized use additional roads within the Blue-
Grass BMU to comply with the IPNF Forest Plan Amendments for Motorized
Access Management within the Selkirk and Cabinet-Yaak Grizzly Bear
Recovery Zones (Access Amendment) and reduce road density in the Blue-
Grass BMU. This notice initiates the public scoping process for the
preparation of the EIS. The purpose of the public scoping process is to
solicit public comments regarding the potential environmental impacts
that may be addressed. This notice commences the public scoping period
for which CBP and IPNF are requesting written comments. This process is
being conducted pursuant to the National Environmental Policy Act
(NEPA), the Council on Environmental Quality Regulations for
Implementing the NEPA (40 CFR parts 1500-1508), and CBP and Forest
Service NEPA guidelines. Additionally, pursuant to Section 106 of the
National Historic Preservation Act, the public scoping
[[Page 24840]]
process will allow members of the general public to provide CBP and
IPNF comments on potential impacts to historic and cultural resources
for the proposed action.
DATES: The scoping comment period will be 30 days. To ensure
consideration, comments must be received by May 27, 2016.
Comments may be submitted as set forth in the ADDRESSES section of
this document. This project implements a land management plan and is
subject to 36 CFR part 218, subparts A and B of the Forest Service's
Project-level Predecisional Administrative Review Process. Pursuant to
36 CFR part 218, only those who provide specific, written comments
regarding the proposed project will be eligible to file an objection.
ADDRESSES: Comments may be submitted either by mail or by email at the
addresses indicated below. To avoid duplication, please use only one of
the following methods to provide written comments:
(a) Via mail: Bog Creek Road EIS, P.O. Box 643, Flagstaff, Arizona,
86002-0643.
(b) Via email: SPWBogCreekEIS@cbp.dhs.gov.
FOR FURTHER INFORMATION CONTACT: Paul Enriquez, CBP, Border Patrol
Facilities & Tactical Infrastructure Program Management Office, by
telephone at (949) 643-6365, or by email at Paul.Enriquez@cbp.dhs.gov.
You may also visit the CBP public Web site for more information at:
http://www.cbp.gov/about/environmental-cultural-stewardship/nepa-documents/docs-review. 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:
Background
Repairs and Maintenance to Bog Creek Road
U.S. Customs and Border Protection (CBP) protects the nation's
borders from terrorism, human and drug smuggling, illegal migration,
and agricultural pests while facilitating the flow of legitimate travel
and trade. CBP does so by integrating modern technology, deploying
highly trained law enforcement personnel, and developing public and
private sector partnerships that advance its overall mission.
At 5,500 miles in length, the Northern Border of the United States
stands as the longest common border in the world. The terrain ranges
from densely forested lands on the west and east coasts to open plains
in the middle of the country. To complement its efforts, CBP uses
partnerships with other Federal, state, and local law enforcement
agencies to meet the challenges of ensuring security while facilitating
legitimate trade and travel along this expansive and complex border
area.
The primary road that provides east-west access to the Northern
Border in the Selkirk Mountains of Northern Idaho is Bog Creek Road.
Bog Creek Road is situated on National Forest System lands that are a
part of the Idaho Panhandle National Forests (IPNF). The area is
managed by the IPNF unit of the Forest Service (also referred to as
IPNF). The road is currently impassable to most vehicles.
Bog Creek Road was closed on both ends in the late 1980s, to meet
grizzly bear habitat requirements. As a result of the closure, the road
has only been maintained on a limited basis. By the mid-1990s, the road
had experienced minor failures. Around the year 2000, a large failure
occurred when a large culvert failed due to heavy surface water runoff.
At that time, the road became impassable to most vehicles. Currently,
the road is gated at the east end and barricaded at the west end. In
recent years, the road has been infrequently used by Forest Service and
CBP personnel traveling on all-terrain vehicles (ATVs) and horseback,
but using ATVs requires a winch system to traverse the large culvert
failure. Nearly the entire length of Bog Creek Road is now overgrown
with alder brush, small trees, and other vegetation.
Without access to the Northern Border area via Bog Creek Road, CBP
must use a lengthy detour to get to the border, including using state
highways in Washington and Idaho and other forest roads. This
alternative route is approximately 180 miles and adds approximately
four hours one way (eight hours total) to CBP patrol response times.
Closing Additional Roads for Motorized Use
Bog Creek Road is located within the Blue-Grass Bear Management
Unit (BMU) of the Selkirk Grizzly Bear Recovery Zone (SRZ) of the IPNF.
The IPNF has been working since the late 1980s to create secure habitat
for grizzly bears. For example, Bog Creek Road was closed in the late
1980s to allow for more effective management of grizzly bear habitat.
The IPNF continues to manage habitat conditions of the SRZ. To further
manage grizzly bear habitat conditions, in 2011, the IPNF issued a
Record of Decision (ROD) for the Forest Plan Amendments for Motorized
Access Management within the Selkirk and Cabinet-Yaak Grizzly Bear
Recovery Zones (Access Amendment). The Access Amendment set motorized
vehicle access and security standards in the zones to conserve and
contribute to the recovery of grizzly bears, and to meet the agency's
responsibilities under the Endangered Species Act (ESA). These
standards limit the use of motorized vehicles within the Blue-Grass BMU
area to a specified percentage of the land. By limiting high levels of
human activity in the area, effective habitat can be created for
grizzly bears. The ROD and accompanying biological opinion from the
U.S. Fish and Wildlife Service require the standards in the Access
Amendment to be met by 2019. Currently, the BMU is not meeting the
motorized access standards set forth in the Access Amendment.
The status of all roads in the BMU area is of great interest to CBP
since the entire Blue-Grass BMU is within 10 miles of the Northern
Border. CBP needs good access to this area to execute its mission to
protect the Northern Border. Because there are limited options
regarding which roads to close for motorized use that meet the Access
Amendment standards and the ESA, and which provide border access to
CBP, the Agencies are working together to determine acceptable
alternatives.
Purpose and Need for Action
The purpose and need of the proposed action is to provide improved
east-west access across the Selkirk Mountains on National Forest System
lands that would: (1) Enable CBP to execute its statutory mission to
protect the U.S. Northern Border and provide for the safety of CBP and
other law enforcement officers in carrying out their duties and (2)
meet Access Amendment standards for motorized access in a grizzly bear
habitat in the Blue-Grass BMU area.
Proposed Action
Repairs and Maintenance to Bog Creek Road
One aspect of the proposed action would involve the repair and
maintenance of an approximately 5.6-mile section of the existing Bog
Creek Road between Forest Road (FR) 1013 and FR 2450 within the Blue-
Grass BMU of the SRZ of the IPNF. The road is located in the Selkirk
Mountains in Boundary County, Idaho, within approximately two miles of
the Canadian border.
[[Page 24841]]
The Agencies anticipate that the proposed action would likely
involve replacing or repairing damaged culverts, grading and
resurfacing areas that have been heavily eroded by surface water flows,
infilling potholes, and removing protruding boulders. Although widening
Bog Creek Road is not a part of the proposed action, there may be areas
which no longer meet minimum width requirements and may require cut and
fill work to achieve the desired road operating and safety standards.
Trees and other vegetation within the roadway and to either side would
likely be grubbed or cut back to facilitate safe vehicle passage.
The proposed action would also likely include gathering and
transporting fill materials (riprap, mixed soil/rock, and crushed
aggregate) from ``borrow'' pits to use in general resurfacing/fill and
in installation of the culvert replacements. Some equipment would be
needed to perform the repairs and maintenance, including a dozer, a
grader, a hydraulic excavator, and a dump truck. In addition, several
pickup trucks or SUVs would be needed to transport construction
personnel to and from the area. The Agencies anticipate that upon
completion of the proposed repairs and maintenance, the 5.6-mile
section of Bog Creek Road would remain closed for public motorized use
and would be limited to administrative use only.
Closing Additional Roads for Motorized Use
Another aspect of the proposed action would involve the closure of
certain roads within the Blue-Grass BMU. Bog Creek Road is located in
the Blue-Grass BMU within the SRZ. This BMU area is currently not
meeting Access Amendment standards for motorized access in a grizzly
bear habitat. The Agencies anticipate that other roads within the Blue-
Grass BMU area would need to be closed for motorized use under this
proposed action. The road closures would be necessary to mitigate the
potential impacts to grizzly bear habitats associated with the repair
and subsequent use of Bog Creek Road and to allow the Forest Service to
meet the Access Amendment standards and its statutory obligations under
the ESA. Because there are limited options regarding roads to close for
motorized use to meet the Access Amendment standards, the Agencies are
working together to determine alternatives that would meet CBP's
requirements for border access as well as the Forest Service's
requirements to comply with the Access Amendment standards and the ESA.
The Agencies have identified a preliminary list of roads that could
be closed for motorized use. All of these roads are currently closed to
public use and only open for limited administrative use. Roads that
have been preliminarily identified for possible motorized closure
include FR 2464 Upper, 2464 Lower, 1322, 1322A, 1013D, 1013C, 1388,
1388A, 2252, 636, and 2253. Approximately 26 miles of IPNF roads could
be closed under the proposed action. As a part of the scoping process
(discussed below), the Agencies are seeking further input on possible
motorized road closure alternatives.
Lead and Cooperating Agencies
CBP and the Forest Service will work together as joint lead
agencies on the EIS.
Responsible Official
The Executive Director, Facilities Management & Engineering, CBP,
is the deciding official for CBP and the Forest Supervisor, IPNF,
Forest Service, is the deciding official for the Forest Service.
Public Scoping Process
Public scoping for the Bog Creek Road repair and maintenance
proposal was initially conducted by CBP in February and March of 2013.
Information gathered from the previous scoping effort was used to
inform the Agencies about what level of NEPA analysis was necessary to
evaluate the proposed project. The initial scoping information included
the possibility that road closures may become part of the proposed
action, but did not include specific motorized road closure
information. Using initial scoping information, the Agencies determined
that the NEPA analysis would be conducted through an EIS process. All
scoping comments submitted during the initial scoping will be included
in issue development for the current EIS process. A Scoping Report that
summarizes the initial scoping effort is available for review at http://www.cbp.gov/about/environmental-cultural-stewardship/nepa-documents/docs-review.
This Notice of Intent (NOI) initiates the public scoping process
which will guide the development of the EIS. All interested parties are
invited to participate in the scoping process. CBP and the Forest
Service invite agencies, organizations, and the general public to
provide input to this process of scoping environmental issues for
consideration in the EIS. Written comments may be submitted as
described in the ADDRESSES section of this document. When submitting
comments, please include your name and address. 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 also be accepted and
considered.
After the public scoping period is complete and the Agencies have
reviewed the results, a compilation list of comments will be included
in an amendment to the initial Scoping Report (described above). The
amended Scoping Report will be made available on the CBP public Web
site: http://www.cbp.gov/about/environmental-cultural-stewardship/nepa-documents/docs-review.
Public Involvement in Historic Preservation Activities Under Section
106 of the National Historic Preservation Act
Section 106 of the National Historic Preservation Act (54 U.S.C.
306108) requires Federal agencies to review all actions which may
affect resources listed on, or eligible for, the National Register of
Historic Places in order to take into account the effects of their
undertakings on historic properties, and to afford the Idaho State
Historic Preservation Officer and tribal governments a reasonable
opportunity to comment on such undertakings. During the process of
public scoping and preparation of the EIS, the Agencies seek to
identify interested parties and obtain public comments on historic
preservation issues related to the road repair and closure of roads for
motorized use.
Preliminary Issues
Based upon the initial project scoping, some preliminary issues
have been identified as potential effects of the proposed project.
These include effects on:
Border security;
threatened and endangered species including grizzly bear,
caribou, lynx, and bull trout;
Blue-Grass BMU grizzly bear core habitat requirement;
National Forest access; and
biological resources including fisheries, wildlife,
sensitive plants, and noxious weeds.
Permits and Licenses Required
The proposed project would likely require a Clean Water Act Section
404 Permit. The Agencies will work with the Idaho Department of
Environmental Quality and the U.S. Army Corps of Engineers to determine
the necessary
[[Page 24842]]
permit process. All required permits would be obtained prior to project
implementation.
Next Steps
In accordance with NEPA, the draft EIS will be made available to
the public for review and comment through a Notice of Availability
(NOA) in the Federal Register. The NOA will provide directions for
obtaining copies of the draft EIS as well as dates and locations for
any associated public participation meetings. After a public comment
period on the draft EIS, CBP and the Forest Service will complete a
final EIS.
Dated: April 21, 2016.
Karl H. Calvo,
Executive Director, Facilities Management and Engineering, Office of
Administration.
Shanda Fallau Dekome,
Acting Forest Supervisor, Idaho Panhandle National Forests, U.S. Forest
Service.
[FR Doc. 2016-09790 Filed 4-26-16; 8:45 am]
BILLING CODE 9111-14-P