Notice of Availability of the Bog Creek Road Project Draft Environmental Impact Statement |
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Karl H. Calvo
Department of Homeland Security
Gregory C. Smith
Department of Agriculture
1 June 2018
[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Notices]
[Pages 25472-25475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11766]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF AGRICULTURE
Forest Service
Notice of Availability of the Bog Creek Road Project Draft
Environmental Impact Statement
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security and U.S. Forest Service, Department of Agriculture.
ACTION: Notice of availability of Draft 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.
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SUMMARY: U.S. Customs and Border Protection (CBP) and the U.S. Forest
Service (Forest Service) Idaho Panhandle National Forests (IPNF)
announce the availability of the Bog Creek Road Project Draft
Environmental Impact Statement (EIS) for public review. The Draft EIS
identifies and assesses 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 Forest Service; and closing for motorized use
additional roads within the Blue-Grass BMU to comply with the Forest
Plan Amendments for Motorized Access Management within the Selkirk and
Cabinet-Yaak Grizzly Bear Recovery Zones and to reduce road density in
the Blue-Grass BMU. This notice initiates the public review process for
the Draft EIS. This process is conducted pursuant to the National
Environmental Policy Act of 1969 (NEPA) and the President's Council on
Environmental Quality regulations for Implementing the NEPA, and CBP
and Forest Service NEPA guidelines. The purpose of the public review
process is to solicit public comments regarding the Draft EIS.
Additionally, this notice, in accordance with the National Historic
Preservation Act, will allow members of the general public to provide
comments to CBP and the Forest Service regarding whether the Proposed
Action may have any potential impacts on any historic resources.
DATES:
For Comments: To ensure consideration, comments must be received by
July 16, 2018. Comments may be submitted as set forth in the ADDRESSES
section of this document.
For Public Open Houses: Public open houses will be held at the
following times:
Priest Lake, Idaho: June 19, 2018, 5:30 to 7:30 p.m.
Sandpoint, Idaho: June 20, 2018, 5:30 to 7:30 p.m.
Bonners Ferry, Idaho: June 21, 2018, 5:30 to 7:30 p.m.
ADDRESSES:
For Obtaining Copies of the Draft EIS: Electronic copies of the
Draft EIS are available at https://www.fs.usda.gov/project/?project=41296 and https://www.cbp.gov/document/environmental-assessments/bog-creek-road-project-environmental-impact-statement.
CD-ROM and print copies are available by sending a request to Paul
Enriquez at Paul.Enriquez@cbp.dhs.gov or 949-643-6365 or at the
following Forest Service locations:
The IPNF Supervisors Office, 3815 Schreiber Way, Coeur
d'Alene, Idaho;
Sandpoint Ranger District, 1602 Ontario Street, Sandpoint,
Idaho;
Bonners Ferry Ranger District, 6286 Main Street, Bonners
Ferry, Idaho; and
Priest Lake Ranger District, 32203 Highway 57, Priest
River, Idaho.
For Submitting Comments: You may submit written comments on the
Draft EIS during the 45-day comment period by mail or email, or by
attending a public open house. See SUPPLEMENTARY INFORMATION for
information on the public comment process. Please submit your written
comments using one of the following methods:
Mail: Bog Creek Road EIS, P.O. Box 643, Flagstaff, Arizona
86002-0643;
Email: SPWBogCreekEIS@cbp.dhs.gov;
Hand delivered to any of the Forest Service locations
where CD-ROM and print copies of the Draft EIS are available; or
FAX: 208-765-7426.
For Public Open Houses: Public open houses will be held at the
following locations:
Priest Lake, Idaho: Priest Lake Ranger District--32203
Highway 57, Priest River, Idaho;
Sandpoint, Idaho: Sandpoint Ranger District--1602 Ontario
Street, Sandpoint, Idaho;
Bonners Ferry, Idaho: Bonners Ferry Ranger District--6286
Main Street, Bonners Ferry, Idaho.
FOR FURTHER INFORMATION CONTACT: Paul Enriquez, CBP, Border Patrol and
Air and Marine Program Management Office, by telephone at 949-643-6365,
or email at Paul.Enriquez@cbp.dhs.gov. Persons who require assistance
accessing information, please contact the U.S. Department of
Agriculture's (USDA) Target Center at 202-720-2600 (voice and TDD) or
contact USDA through the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Proposed Action
U.S. Customs and Border Protection (CBP) and the U.S. Forest
Service (Forest Service) Idaho Panhandle National Forests (IPNF)
(collectively the Agencies) are proposing a road repair, maintenance,
and motorized closure project in the Continental Mountain area of the
Idaho Panhandle National Forests within the Bonners Ferry and Priest
Lake Ranger Districts. The project has two objectives: (1) To provide
safe east-west access for administrative use (as explained below) to
this section of the U.S.-Canada border across the Selkirk Mountains,
and (2) to meet grizzly bear motorized access standards within the
Blue-Grass BMU of the Selkirk Grizzly Bear Recovery Zone in order to
comply with the Forest Plan Amendments for Motorized Access Management
within the Selkirk and Cabinet-Yaak Grizzly Bear Recovery Zones (Access
Amendment).
The Bog Creek Road Project Draft EIS has been prepared to identify
and assess potential impacts from the Proposed Action on the
environment. The
[[Page 25473]]
Proposed Action was developed through collaborative efforts between
CBP, the Forest Service, and the public, and was designed to meet the
goals and objectives established for the project while meeting as many
other resource needs as possible. The Proposed Action consists of three
components: (1) Road repair and maintenance of Bog Creek Road and
change in motorized use designation; (2) change in motorized use
designation for Blue Joe Creek Road; and (3) motorized closure of
selected seasonally restricted Forest Service roads. The Proposed
Action is described below.
The first component is the repair and maintenance of an
approximately 5.6-mile section of Bog Creek Road (Forest Service Road
[FSR] 1013), which would be conducted to allow the road to meet Forest
Service road maintenance level 2 standards and would generally allow
access for high-clearance vehicles. Maintenance level 2 roads are
described in Forest Service Handbook 7709.58. Bog Creek Road is
currently designated as a seasonally restricted road. Motorized use by
the Forest Service, CBP, law enforcement, and other administrative
agencies is permitted between April 1 and November 15 (active bear
year) but is limited to 57 administrative vehicle round trips per
active bear year. After road repair activities, the road designation
would change to administrative open (as-needed administrative motorized
access). Under the administrative open road designation, Bog Creek Road
would be open to as-needed administrative motorized access but not open
to the public for motorized travel.
Repair and maintenance would consist of grading and resurfacing
areas of the road that have been heavily eroded by surface water flows,
filling potholes, and removing protruding boulders. Repair would also
include installation of six new culverts and replacement of six of the
existing 67 corrugated metal pipe culverts located along the length of
the roadway because they have partially rusted through, otherwise
exceeded their usable life, or do not meet current design standards for
width and capacity. The most intensive repair would occur at Spread
Creek, where a culvert failure and road washout have made the road
completely impassable. The road would not be widened, but limited areas
that no longer meet minimum width requirements 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 be
grubbed or cut back to facilitate safe vehicle passage.
The second component is the change in motorized designation of Blue
Joe Creek Road (FSR 2546). Blue Joe Creek Road extends from the eastern
terminus of the Bog Creek Road, running 7.4 miles alongside Blue Joe
Creek, to the Continental Mine property. Blue Joe Creek Road is
currently designated as seasonally restricted, and motorized access is
limited to 57 vehicle round trips per active bear year. Under the
Proposed Action, the current seasonal restrictions that limit the
number of motorized administrative trips along Blue Joe Creek Road
would be removed. The road would be designated as administrative open,
which would allow for as-needed administrative motorized trips. This
change in designation, when combined with the Bog Creek Road
designation change, would allow for administrative trips by private
property owners to access their property within the Blue-Grass BMU.
The final component is the motorized closure of selected seasonally
restricted Forest Service roads. Under the Proposed Action,
approximately 26 miles of seasonally restricted Forest Service roads
would be closed to all wheeled motorized use within the Blue-Grass BMU.
Closing the roads would allow the Forest Service to meet the
requirements of at least 55 percent of the BMU as core area habitat,
and no more than 26 percent of the BMU having a total motorized route
density (TMRD) greater than 2 miles per square mile, as specified in
the Access Amendment. The means by which motorized road closure would
take place would vary by site and would include both decommissioning
and long-term storage. Decommissioning involves permanently removing a
road from the Forest Service transportation system. Long-term storage
involves rendering a road undrivable. Roads stored for creation of
grizzly bear core habitat would remain stored for a minimum of ten
years. On-the-ground road work is typically the same or very similar
for decommissioning and long-term storage, as both are intended to
prevent future failures and erosion hazards. Both methods may involve
one or a combination of the following treatments: Fully or partially
recontouring the road prism, ripping the road surface, removing
culverts and recontouring stream crossings, planting and seeding,
mulching, or slashing disturbed areas.
All roads proposed for motorized closure under the Proposed Action
are currently classified as seasonally restricted Forest Service roads.
Administrative motorized use of these roads is permitted between April
1 and November 15; non-motorized public access on these roads is
permitted year-round.
Alternatives
The Agencies developed alternatives to the Proposed Action
described above and disclose the environmental impacts of these
alternatives in the Draft EIS. In addition to the No-Action Alternative
(Alternative 1) and the Proposed Action (Alternative 2), there are two
other action alternatives analyzed: Modified Proposed Action
(Alternative 3) and Blue-Grass BMU West-East Open Access (Alternative
4).
The No-Action Alternative (Alternative 1) represents the effects of
not implementing the proposed repair and maintenance of Bog Creek Road
and motorized closure of seasonally restricted Forest Service roads,
while taking into account the effects of other past, ongoing, and
reasonably foreseeable activities occurring in the area. This
alternative proposes that no repair and maintenance activities would
occur on the 5.6-mile section of Bog Creek Road and that the 26 miles
of seasonally restricted Forest Service roads would continue to be
available for motorized use in accordance with seasonal access
restrictions. There would be no change in Forest Service management of
the roads and CBP activities in the Blue-Grass BMU. Although the Forest
Service would continue to examine road closure options to meet Access
Amendment requirements within the Blue-Grass BMU under the No-Action
Alternative, compliance with the Access Amendment standards would not
change until currently unidentified other viable road closure options
are implemented.
Alternative 3 is a modified version of the Proposed Action that
would close a different set of seasonally restricted Forest Service
roads to motorized access. The repair and maintenance activities
proposed for Bog Creek Road and the administrative open designation for
Bog Creek Road and Blue Joe Creek Road are the same as described under
the Proposed Action. Under Alternative 3, approximately 25 miles of
Forest Service roads would be closed to all motorized use by the Forest
Service within the Blue-Grass BMU. This would allow the Forest Service
to meet the Access Amendment grizzly bear core area habitat requirement
of 55 percent and the TMRD requirement of 26 percent. Two of the nine
roads proposed for motorized road closure under Alternative 3 would be
different from
[[Page 25474]]
the roads proposed for closure under the Proposed Action. These roads
were included in this alternative because closing these roads would
create more grizzly bear core area habitat in upper Grass Creek, a
place that has been heavily and continuously used by grizzly bears
since at least the 1980s. All roads proposed for motorized closure
under Alternative 3 are classified as seasonally restricted Forest
Service roads. Administrative motorized use of these roads is permitted
between April 1 and November 15. Non-motorized public access on these
roads is permitted year-round.
Alternative 4 is a modified version of the Proposed Action that
would open Bog Creek Road and roads along the eastern approach to Bog
Creek Road to public motorized access. Under Alternative 4, Bog Creek
Road repair and maintenance and the motorized closure of seasonally
restricted Forest Service roads would be identical to the Proposed
Action. After repair of Bog Creek Road is completed, Alternative 4
would designate the 5.6 miles of the repaired Bog Creek Road as open
for public motorized access year-round. However, winter motorized
snowmobile use by the public is currently not allowed on Bog Creek Road
as a result of rulings by the United States District Court of the
Eastern District of Washington on November 7, 2006, and February 27,
2007, relating to recovery of Selkirk Mountain woodland caribou and the
potential impacts of snowmobile use within the recovery area.
Approximately 7.4 miles of Blue Joe Creek Road would change to an
administrative open designation (as-needed administrative motorized
access). Additionally, the designation of roads along the eastern
approach to Bog Creek Road (1 mile of FSR 2546 and FSRs 1011, 636, and
1009) would also change from the current seasonally restricted
designation (limited motorized access) to an open road designation
(public motorized access) to allow for continuous public motorized
travel across the Blue-Grass BMU. Under Alternative 4, the same 26
miles of seasonally restricted Forest Service roads as identified in
the Proposed Action would be closed to all wheeled motorized use within
the Blue-Grass BMU.
The Draft EIS addresses the potential impacts from the Proposed
Action and alternatives. Evaluations were conducted on various
resources present in the Blue-Grass BMU, including: Threatened and
endangered species, wildlife, fish, special-status plants, water,
soils, recreation, and heritage. A preferred alternative to the
Proposed Action has not yet been identified by the Agencies.
Public Comment and Open Houses
The Draft EIS is available for public comment. The Agencies invite
comments on all aspects of the Draft EIS. Comments that will provide
the most assistance to the Agencies will reference a specific section
of the Draft EIS, explain the reason for any recommended change, and
include data, information, or authority that supports such recommended
change. Substantive comments received during the comment period will be
addressed in the Final EIS. The Final EIS will be made available to the
public through a Notice of Availability (NOA) in the Federal Register.
This project is subject to 36 CFR part 218, subparts A and B of the
Forest Service's Project-level Pre-decisional Administrative Review
Process. Pursuant to 36 CFR part 218, only those who provide timely and
specific written comments regarding the proposed project during a
comment period are eligible to file an objection with the Forest
Service. Comments received regarding this Draft EIS are considered part
of the administrative record for the National Environmental Policy Act
(NEPA) review. Within this context, a commenter's personally
identifiable information, such as name and contact information, may be
released to a third party upon request under the Freedom of Information
Act. Comments submitted anonymously, without a name and contact
information, will be accepted and considered; however, anonymous
comments will not provide the commenter with standing to participate in
the Forest Service objection process.
The Agencies will hold three public open houses to inform the
public and solicit comments about the Draft EIS. The open houses will
include displays and handouts and will provide an opportunity for the
public to ask questions and submit written comments on the Draft EIS.
Open house schedule is as follows:
June 19, 2018, 5:30 to 7:30 p.m.: Priest Lake Ranger
District--32203 Highway 57, Priest River, Idaho;
June 20, 2018, 5:30 to 7:30 p.m.: Sandpoint Ranger
District--1602 Ontario Street, Sandpoint, Idaho;
June 21, 2018, 5:30 to 7:30 p.m.: Bonners Ferry Ranger
District--6286 Main Street, Bonners Ferry, Idaho.
This process is being conducted pursuant to the NEPA (42 U.S.C.
4321 et seq.), the President's Council on Environmental Quality
Regulations for Implementing the NEPA (40 CFR parts 1500-1508), DHS
Directive 023-01 and Instruction 023-01-001-01, and CBP and Forest
Service NEPA guidelines.
Prior Public Scoping
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 initial 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.
The Notice of Intent (NOI) stating that CBP and the Forest Service
planned to prepare an EIS for the Bog Creek Road Project was published
in the Federal Register on April 27, 2016 (81 FR 24839). The NOI asked
for public comment on the proposal from April 27 to May 27, 2016. The
Proposed Action described in the NOI included both repair and
maintenance of Bog Creek Road and motorized road closures of specific
road segments in the Blue-Grass BMU. In total, 17 comment letters were
received during the NOI scoping period.
All scoping comments submitted during the initial scoping and NOI
scoping were included in issue development for the current EIS process.
A Scoping Report that summarizes both scoping efforts is available for
review as part of the project record. The Scoping Report is available
on the CBP public website: https://www.cbp.gov/document/environmental-assessments/bog-creek-road-project-environmental-impact-statement.
Public Involvement in Historic Preservation Activities Under Section
106 of the National Historic Preservation Act
Section 106 of the National Historic Preservation Act (NHPA)
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. In accordance with NHPA, the Agencies seek to
obtain public comments on historic preservation issues related to the
road repair and closure of roads for motorized use. This process will
also afford the Idaho State Historic Preservation Officer and tribal
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governments a reasonable opportunity to comment on such undertakings.
Next Steps
After the public review period is complete and the Agencies have
reviewed the results, a list of comments and responses will be compiled
and included in the Final EIS. The Agencies will select a preferred
alternative that will be set forth in the Final EIS and Draft Record of
Decision (ROD). The Final EIS and Draft ROD will be made available to
the public through an NOA in the Federal Register.
Dated: May 25, 2018.
Karl H. Calvo,
Assistant Commissioner, Office of Facilities and Asset Management,
Office of Enterprise Services, U.S. Customs and Border Protection.
Gregory C. Smith,
Acting Associate Deputy Chief, National Forest System, U.S. Forest
Service.
[FR Doc. 2018-11766 Filed 5-31-18; 8:45 am]
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