Notice of Availability of the Bog Creek Road Project Final Environmental Impact Statement and Draft Records of Decision, 4509-4513 [2019-02282]
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Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Notices
region, including international waters
and the Nation’s coasts, ports, and
inland waterways, as required to
support national security. Legislation
and executive orders assign the U.S.
Coast Guard a wide range of
responsibilities applicable to Polar
Regions. The U.S. Coast Guard derives
its authority for the use of icebreaking
from several statutes governing
execution of its missions. These
include: 14 U.S.C. 541 (previously 14
U.S.C. 81) 1 Coast Guard establishment,
maintenance, and operation of aids to
navigation; 14 U.S.C. 521 (previously 14
U.S.C. 88) Coast Guard saving of life and
property; 14 U.S.C. 522 (previously 14
U.S.C. 89) Coast Guard law
enforcement; 14 U.S.C. 716 (previously
14 U.S.C. 90) Arctic maritime
transportation; 14 U.S.C. 527
(previously 14 U.S.C. 91) controlling
anchorage and movement of vessels; 14
U.S.C. 715 (previously 14 U.S.C. 94)
conduct oceanographic research; and 14
U.S.C. 701 (previously 14 U.S.C. 141)
cooperation with agencies, States,
territories, and others. In addition,
Executive Order 7521 (Use of Vessels for
Icebreaking in Channels and Harbors), 1
FR 2184, Dec. 24, 1936, directs the U.S.
Coast Guard to assist in keeping
channels and harbors open to navigation
by means of icebreaking operations.
In accordance with NEPA, the U.S.
Coast Guard prepared an EIS analyzing
the potential impacts of up to six new
PSCs, as this is the maximum number
anticipated to be operational in the
Polar Regions under the current PSC
program acquisition strategy. A lesser
number of icebreakers is expected to
result in a similar or reduced impact
than what will be discussed and
evaluated in the EIS. Potential
environmental stressors include
acoustic (underwater acoustic
transmissions, vessel noise, icebreaking
noise, aircraft noise, and gunnery noise),
and physical (vessel movement, aircraft
or in-air device movement, in-water
device movement, icebreaking, and
marine expended materials).
The Final EIS has considered three
alternatives:
• The No Action Alternative included
use of the existing assets to fulfil Coast
Guard missions, which are reaching the
end of their service lives.
• Alternative 1 (Preferred Alternative)
included the design and build up to six
polar icebreakers to fulfill mission
requirements in the Arctic and
Antarctic.
• Alternative 2 included various
forms of icebreaker leasing, such as
those leases used by the United States
Navy, the National Science Foundation,
other federal agencies, and the domestic
maritime industry, to close the Coast
Guard icebreaking capability gap.
The Final EIS addresses potential
environmental impacts under each
alternative associated with physical,
biological, and socioeconomic
environmental resources. The analysis
addresses direct and indirect impacts,
and accounts for cumulative impacts
from other foreseeable federal, state, or
local activities in the proposed action
area. The U.S. Coast Guard conducted a
scoping process to identify community
concerns and local issues that should be
addressed in the EIS, as well as gathered
public comments on the Draft EIS
following its release in August 2018.
The Coast Guard considered the public
comments we received when drafting
the Final EIS. The changes between the
draft EIS and the Final EIS are identified
and described in Appendix C of the
Final EIS, which can be found at one of
the locations in the ADDRESSES section.
The Final EIS identifies minor to
moderate adverse impacts associated
with the proposed action that would be
mitigated by the implementation of
standard operating procedures and best
management practices. An increase in
the Coast Guard icebreaking fleet would
be beneficial because Coast Guard
support would readily available during
an at-sea emergiencies to commercial
fishing, recreational fishing,
transportation and shipping, tourism,
and cultural resources and the
communities that depend on them. The
Final EIS has been distributed to various
federal, state, and local agencies, as well
as other interested individuals and
organizations.
Following a 30-day waiting period,
after publication of the NOA in the
Federal Register, the U.S. Coast Guard
will announce its Record of Decision
which will be published in the Federal
Register.
This notice is issued under authority
of 5 U.S.C. 552(a).
Timothy J. Connors,
Captain, U.S. Coast Guard, Program Manager,
Polar Security Cutter Program.
[FR Doc. 2019–02550 Filed 2–14–19; 8:45 am]
BILLING CODE 9110–04–P
1 The Frank LoBiondo Coast Guard Authorization
Act of 2018 (Pub. L. 115–282), enacted December
4, 2018, redesignated many existing sections within
Title 14 of the United States Code.
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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
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.
AGENCY:
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
SUMMARY:
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Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Notices
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.
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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-creekroad-project-environmental-impactstatement.
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-regionaloffice@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
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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).
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;
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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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 5.6mile 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 (asneeded 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
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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 BlueGrass 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 longterm 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 yearround.
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
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(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
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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 (asneeded 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.
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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
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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
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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-
E:\FR\FM\15FEN1.SGM
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Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Notices
road-project-environmental-impactstatement.
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.
khammond on DSKBBV9HB2PROD with NOTICES
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
VerDate Sep<11>2014
19:41 Feb 14, 2019
Jkt 247001
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]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Docket ID FEMA–2019–0002; Internal
Agency Docket No. FEMA–B–1903]
Proposed Flood Hazard
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Notice.
AGENCY:
Comments are requested on
proposed flood hazard determinations,
which may include additions or
modifications of any Base Flood
Elevation (BFE), base flood depth,
Special Flood Hazard Area (SFHA)
boundary or zone designation, or
regulatory floodway on the Flood
Insurance Rate Maps (FIRMs), and
where applicable, in the supporting
Flood Insurance Study (FIS) reports for
the communities listed in the table
below. The purpose of this notice is to
seek general information and comment
regarding the preliminary FIRM, and
where applicable, the FIS report that the
Federal Emergency Management Agency
(FEMA) has provided to the affected
communities. The FIRM and FIS report
are the basis of the floodplain
management measures that the
community is required either to adopt
or to show evidence of having in effect
in order to qualify or remain qualified
for participation in the National Flood
Insurance Program (NFIP). In addition,
the FIRM and FIS report, once effective,
will be used by insurance agents and
others to calculate appropriate flood
insurance premium rates for new
buildings and the contents of those
buildings.
SUMMARY:
Comments are to be submitted
on or before May 16, 2019.
DATES:
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
4513
The Preliminary FIRM, and
where applicable, the FIS report for
each community are available for
inspection at both the online location
https://www.fema.gov/
preliminaryfloodhazarddata and the
respective Community Map Repository
address listed in the tables below.
Additionally, the current effective FIRM
and FIS report for each community are
accessible online through the FEMA
Map Service Center at https://
msc.fema.gov for comparison.
You may submit comments, identified
by Docket No. FEMA–B–1903, to Rick
Sacbibit, Chief, Engineering Services
Branch, Federal Insurance and
Mitigation Administration, FEMA, 400
C Street SW, Washington, DC 20472,
(202) 646–7659, or (email)
patrick.sacbibit@fema.dhs.gov.
FOR FURTHER INFORMATION CONTACT: Rick
Sacbibit, Chief, Engineering Services
Branch, Federal Insurance and
Mitigation Administration, FEMA, 400
C Street SW, Washington, DC 20472,
(202) 646–7659, or (email)
patrick.sacbibit@fema.dhs.gov; or visit
the FEMA Map Information eXchange
(FMIX) online at https://
www.floodmaps.fema.gov/fhm/fmx_
main.html.
SUPPLEMENTARY INFORMATION: FEMA
proposes to make flood hazard
determinations for each community
listed below, in accordance with section
110 of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4104, and 44 CFR
67.4(a).
These proposed flood hazard
determinations, together with the
floodplain management criteria required
by 44 CFR 60.3, are the minimum that
are required. They should not be
construed to mean that the community
must change any existing ordinances
that are more stringent in their
floodplain management requirements.
The community may at any time enact
stricter requirements of its own or
pursuant to policies established by other
Federal, State, or regional entities.
These flood hazard determinations are
used to meet the floodplain
management requirements of the NFIP
and are used to calculate the
appropriate flood insurance premium
rates for new buildings built after the
FIRM and FIS report become effective.
The communities affected by the
flood hazard determinations are
provided in the tables below. Any
request for reconsideration of the
revised flood hazard information shown
on the Preliminary FIRM and FIS report
that satisfies the data requirements
outlined in 44 CFR 67.6(b) is considered
an appeal. Comments unrelated to the
ADDRESSES:
E:\FR\FM\15FEN1.SGM
15FEN1
Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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]
BILLING CODE 9111-14-P