Notice of Availability of the Bog Creek Road Project Final Environmental Impact Statement and Draft Records of Decision |
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Karl H. Calvo
Department of Homeland Security
Jeanne Higgins
Department of Agriculture
15 February 2019
[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Notices]
[Pages 4509-4513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02282]
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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 Final
Environmental Impact Statement and Draft Records of Decision
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security and U.S. Forest Service, Department of Agriculture.
ACTION: Notice of availability of Final Environmental Impact Statement
and Draft Records of Decision 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;
public review.
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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 Final
Environmental Impact Statement (EIS) and the agencies' respective Draft
Records of Decision (ROD). The Final 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 (Access Amendment) and to reduce road density in the
Blue-Grass BMU.
The CBP Draft ROD addresses the decision to approve the funding for
and implement the repair and maintenance of the Bog Creek Road. The
Forest Service Draft ROD addresses the decisions to: Approve CBP's
repair and maintenance of Bog Creek Road for administrative use by CBP,
the Forest Service, and others; implement the motorized closure of
seasonally restricted Forest Service roads to establish grizzly bear
core area habitat and meet Access Amendment standards for the Blue-
Grass BMU; and implement
[[Page 4510]]
changes in the seasonally restricted designation of roads in the Blue-
Grass BMU. This document provides instructions for filing objections to
the Forest Service's Draft ROD.
DATES: The CBP Draft ROD will be available until April 1, 2019. CBP
will issue a Final ROD at about the same time the Forest Service issues
a Final ROD but no sooner than April 1, 2019.
The Forest Service Draft ROD will be available for 45 days after
the date of publication in the newspaper of record, the Coeur d'Alene
Press. Objections to the Forest Service Draft ROD must be filed within
45 days of such publication and filed in the manner specified in the
ADDRESSES section of this document. After the 45-day objection period
ends and after the Forest Service responds in writing to and addresses
any objections, the Forest Service will issue a Final ROD. For detailed
instructions on how to file an objection, see the SUPPLEMENTARY
INFORMATION section below.
ADDRESSES:
For Obtaining Copies of the Final EIS and Draft Records of
Decision: Electronic copies of the Final EIS, CBP Draft ROD, and Forest
Service Draft ROD 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 Joe
Zidron at Joseph.Zidron@cbp.dhs.gov or 949-643-6392 or at the following
Forest Service locations:
The IPNF Supervisor's 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 Filing Objections to the Forest Service Draft ROD: Objections
to the Forest Service Draft ROD, including attachments, must be filed
via fax, mail, express delivery, messenger service, email, or hand-
delivery to: Objection Reviewing Officer, USDA Forest Service, Northern
Region, 26 Fort Missoula Road, Missoula, MT 59804. Hand-delivery hours
are Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding holidays.
FAX to (406) 329-3411, Email: appeals-northern-regional-office@fs.fed.us. For fax and email, include ``Bog Creek Road Project
Objection'' in the subject line. Acceptable formats for electronic
objections are text or html email, Adobe portable document format
(pdf), and formats viewable in Microsoft Office applications.
FOR FURTHER INFORMATION CONTACT: Joe Zidron, CBP, Border Patrol and Air
and Marine Program Management Office, by telephone at 949-643-6392, or
email at joseph.zidron@cbp.dhs.gov or Kim Pierson, Deputy Forest
Supervisor, Forest Service, IPNF, by telephone at 208-765-7220, or
email at kpierson@fs.fed.us. Persons who require assistance accessing
information should 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.\1\ 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 Bear Management Unit (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).
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\1\ This proposal is being made pursuant to the National
Environmental Policy Act of 1969 (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, Revision 01, and Instruction 023-01-001-01, Revision 01, and CBP
and Forest Service NEPA guidelines.
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The Bog Creek Road Project Final EIS has been prepared to identify
and assess potential impacts from the Proposed Action on the
environment. The 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 5.5 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
[[Page 4511]]
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 Final EIS. In addition to the No-Action Alternative
(Alternative 1) and the Proposed Action (Alternative 2), there are
three other action alternatives analyzed: Modified Proposed Action
(Alternative 3--Preferred Alternative), Blue-Grass BMU West-East Open
Access (Alternative 4), and Alternative 4 Modified. Alternative 4
Modified was developed for inclusion in the Final EIS in response to
collaborative stakeholder alternative suggestions received during the
Draft EIS public comment period.
Alternative 1, the No-Action Alternative, 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. It is the Agencies' preferred alternative.
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 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 4.5 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.
Alternative 4 Modified was developed for inclusion in the Final EIS
in response to collaborative stakeholder alternative suggestions
received during the Draft EIS public comment period. As described
below, Alternative 4 Modified is similar in many respects to
Alternative 4, but includes a few variations. Alternative 4 Modified
incorporates the same road repair and maintenance activities, the same
eastern approach roads to Bog Creek Road, and the same administrative
motorized use and winter motorized snowmobile use that are described in
Alternative 4.
[[Page 4512]]
However, Alternative 4 Modified includes a variation of the open public
access on the Bog Creek Road and eastern approach roads presented in
Alternative 4. It also includes a different combination of roads
proposed for motorized closure as compared to the alternatives analyzed
in the Draft EIS. Specifically, the roads would only be open to
unlimited public motorized access from July 15 to August 15. Outside of
this period, motorized access to the roads would be available for
administrative use only. The gate at the east end of FSR 1009 would be
left open from July 15 to August 15, and gates would be constructed at
closed roads that intersect the open eastern approach roads to prevent
unauthorized access. Because there would be open public motorized
access for this one-month period, the road would be designated as open.
The Final 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.
Forest Service Pre-decisional Administrative Review (``Objection'')
Process
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 these regulations, only those who provided timely
and specific written comments regarding the proposed project during a
comment period are eligible to file an objection with the Forest
Service. Issues raised in an objection must be based on previously
submitted specific written comments regarding the project and
attributed to the objector unless the objection is based on new
information that arose after the designated opportunities for comments.
Objections to the Forest Service's Draft ROD, including
attachments, must be filed by regular mail, fax, email, hand-delivery,
express delivery, or messenger service with the reviewing officer
within 45 days of the date of publication of the legal notice for the
objection process. This Federal Register notice is not the legal notice
for purposes of the Forest Service's objection process. Instead, a
separate legal notice will be published in the newspaper of record, the
Coeur d'Alene Press. The publication date of the legal notice in the
newspaper of record is the exclusive means for calculating the time to
file an objection, and those wishing to object should not rely upon
dates or timeframe information provided by any other source. It is the
objector's responsibility to ensure timely filing of a written
objection with the reviewing officer and to retain evidence of timely
filing, as determined by the following indicators: The date of the U.S.
Postal Service postmark for an objection received before the close of
the fifth business day after the objection filing period; the agency's
electronically generated posted date and time for email and facsimiles;
the shipping date for delivery by private carrier for an objection
received before the close of the fifth business day after the objection
filing period; or the official agency date stamp showing receipt of
hand delivery. For emailed objections, the sender should receive an
automated electronic acknowledgement from the agency as confirmation of
receipt. If the sender does not receive an automated acknowledgment of
receipt of the objection, it is the sender's responsibility to ensure
timely filing by other means.
Objections to the Forest Service Draft ROD must be filed with the
reviewing officer in writing. All objections are available for public
inspection during and after the objection process. Incorporation of
documents by reference is not allowed, except for the following list of
items that may be referenced by including date, page, and section of
the cited document, along with a description of its content and
applicability to the objection: All or any part of a Federal law or
regulation; Forest Service directives and land management plans;
documents referenced by the Forest Service in the proposed project EA
or EIS that is subject to objection; and comments previously provided
to the Forest Service by the objector during public involvement
opportunities for the proposed project where written comments were
requested by the responsible official. All other documents must be
included with the objection.
At a minimum, an objection to the Forest Service Draft ROD must
include the following: Objector's name and address as defined in 36 CFR
218.2, with a telephone number, if available; signature or other
verification of authorship upon request (a scanned signature for
electronic mail may be filed with the objection); when multiple names
are listed on an objection, identification of the lead objector;
verification of the identity of the lead objector must be provided upon
request or the reviewing officer will designate a lead objector; the
name of the proposed project, the name and title of the responsible
official, and the name(s) of the national forest(s) and/or ranger
district(s) on which the proposed project will be implemented; a
description of those aspects of the proposed project addressed by the
objection, including specific issues related to the proposed project;
if applicable, how the objector believes the environmental analysis or
draft decision specifically violates law, regulation, or policy;
suggested remedies that would resolve the objection; supporting reasons
for the reviewing officer to consider; and a statement that
demonstrates the connection between prior specific written comments on
the particular proposed project or activity and the content of the
objection, unless the objection concerns an issue that arose after the
designated opportunities for comment.
Prior Public Involvement
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-
[[Page 4513]]
road-project-environmental-impact-statement.
The Draft EIS publication was announced in the Federal Register on
June 1, 2018 (83 FR 25472). The 45-day public comment period started
the day following publication and was extended 15 additional days. See
notice published in the Federal Register on July 20, 2018 (83 FR
34601). Interested parties submitted specific written comments by
email, in person, and U.S. Postal Service mail. The Agencies also held
public meetings in Bonners Ferry, Priest Lake, and Sandpoint, Idaho to
provide opportunities for the public to understand the proposed action
and alternatives. One hundred seven comment letters were received on
the Draft EIS. More information on the public comment process and
agency responses to Draft EIS public comments are presented in Appendix
C of the Final EIS.
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 the Federal Register notice published on
June 1, 2018 (83 FR 25472), and in accordance with the NHPA, the
Agencies requested public comments on historic preservation issues
related to the road repair and closure of roads for motorized use. This
process also afforded the Idaho State Historic Preservation Officer and
tribal governments a reasonable opportunity to comment on such
undertakings. The Agencies received one comment specific to historic
preservation issues.
Next Steps
After the Forest Service objection filing period is complete, the
Forest Service reviewing officer will issue a written response to the
objections. The written response will set forth the reasons for the
response, and may include instructions to the Forest Service's
responsible official. If more than one objection is filed, the
reviewing officer may consolidate objections and issue one or more
responses.
The Forest Service's responsible official will then address all
concerns and instructions identified in the written response.
Thereafter, the Forest Service will issue the
Forest Service Final ROD. CBP will issue the CBP Final ROD at about
the same time but no sooner than April 1, 2019. The Forest Service
Final ROD and the CBP Final ROD will be made available to the public
through an NOA in the Federal Register.
Dated: February 8, 2019.
Karl H. Calvo,
Assistant Commissioner, Office of Facilities and Asset Management,
Office of Enterprise Services, U.S. Customs and Border Protection.
Jeanne Higgins,
Forest Supervisor, Idaho Panhandle National Forests, U.S. Forest
Service.
[FR Doc. 2019-02282 Filed 2-14-19; 8:45 am]
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