[Federal Register Volume 61, Number 174 (Friday, September 6, 1996)]
[Notices]
[Pages 47174-47176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22698]
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DEPARTMENT OF THE INTERIOR
National Park Service
Record of Decision, Pictured Rocks National Lakeshore; Final
Environmental Impact Statement: Beaver Basin Rim Road
Introduction
Pursuant to regulations promulgated by the Council on Environmental
Quality (40 CFR Section 1505.2) and the implementing procedures of the
National Park Service for the National Environmental Policy Act of 1969
(40 USC 1501 et seq.), the National Park Service has prepared this
Record of Decision with respect to the Final Environmental Impact
Statement: Beaver Basin Rim Road, Pictured Rocks National Lakeshore,
Michigan.
This Record of Decision describes the road provision alternatives
that were considered, mitigating measures adopted to avoid or minimize
environmental impacts, and the decision reached.
Decision
The National Park Service adopts the proposed (preferred)
alternative (Alternative B), which is to construct a two-lane paved
road of approximately 13 miles length within the shoreline zone of the
Pictured Rocks National Lakeshore.
The road would run from the vicinity of Legion Lake near the
intersection of the Little Beaver Campground entrance road with Alger
County Road H-58 northeasterly to near the Twelvemile Beach Campground
entrance road intersection with Alger County H-58. The road impact on
the environment would be minimal.
In constructing the road as described under Alternative B, the
National Park Service would be complying with the direction of the
Congress as stipulated in Public Law 89-668 [80 Stat. 922 sec. 6(b)(1)]
to provide a scenic drive within the shoreline zone of the national
lakeshore. The adopted alternative is consistent with this
congressional mandate and would implement the management directions of
the General Management Plan, Pictured Rocks National Lakeshore (NPS,
USDI 1981). The National Park Service takes the position that, in the
absence of environmental impacts precluding construction of the road,
it must comply
[[Page 47175]]
with this express congressional direction, and that it should implement
the related provisions of the 1981 General Management Plan.
In issuing this decision, the National Park Service recognizes that
there is considerable public opposition to this action despite the
findings of the environmental impact analysis and the congressional
direction to construct the scenic shoreline drive. In response to that
opposition and efforts of members of the 104th Congress to eliminate by
means of amendatory legislation the congressionally mandated scenic
drive, the National Park Service will take no immediate action to
implement this project. If legislation in the form of an amendment to
P.L. 89-688 (section 6 (b)(1)) is enacted, the National Park Service
will revise the general management plan for Pictured Rocks National
Lakeshore to be consistent with the direction of such legislation.
Alternatives Considered
The environmental impact statement analyzed three road provision
alternatives. Alternative A: No Action (Continuation of Existing
Conditions), Alternative B: Shoreline Zone Corridor (Proposed Action),
and Alternative C: Inland Buffer Zone Corridor.
The environmental impact statement considered and eliminated from
further consideration three other alternatives for the location and
design of the shoreline road. These three alternatives were offered
during preparation of the environmental impact statement: (1) Upgrading
County Road H-58, (2) Construct a Paved Trail, and (3) Construct a
Gravel Road. The upgrading of County Road H-58 had been previously
evaluated and rejected as alternative 3 in the environmental assessment
prepared in 1981 for the General Management Plan, Pictured Rocks
National Lakeshore.
Alternative B: Shoreline Zone Corridor (Proposed Action)
Construction activities associated with the adopted alternative
would directly affect 82 acres of mixed northern hardwood and pinelands
forest vegetation. Of the 82 acres, 47 would be replanted with grasses
and forbs upon completion of the road. Another two acres would be
cleared for two scenic overlooks of the Beaver Basin area of the park.
The road corridor is entirely within the shoreline zone on lands owned
by the National Park Service. No land acquisition would be required.
Most of the road would be located 400 feet or more back (south and
east) of the Beaver Basin Rim. Existing old road traces totaling about
5 percent of the entire road would be used wherever possible. Two spur
roads would be constructed off the main road to two overlooks that
would provide views of Beaver Basin, Beaver Lake, Grand Portal Point,
Lake Superior, and the Sevenmile Creek area.
There are no threatened or endangered species affected. However,
the National Park Service would undertake further section 7(c) of the
Endangered Species Act consultation with the U.S. Fish and Wildlife
Service with respect to potential impacts on the eastern timber wolf,
in particular, and other species prior to the initiation of any
construction activity.
Due to the road construction, there would be a temporary, minor
effect on air quality and a temporary, major increase in noise levels.
Also, there would be minor increases in pollutants from automobile and
bus traffic and a minor to moderate increase in noise due to projected
use of the new road. There would be a minor overall impact on park
soils and vegetation resulting from construction of the main road, spur
roads, parking areas, and overlooks. Impacts on wildlife populations,
including recovery of the eastern timber wolf, would be relatively
minor. There would be no impacts on cultural resources because there
are no extant buildings, and an archeological survey found no
significant sites. The anticipated increase in visitation would cause
some components of the existing visitor experiences to be lost, but a
new experience would be offered. Significant social impacts,
particularly in the Grand Marais area, would be caused by increased
traffic and decreased tranquility. There could be a significant
increase in visitor expenditures in Munising and Grand Marais. An
increase in seasonal NPS staff would be necessary to provide law
enforcement and maintenance for the new section of road and its
associated spur roads, parking areas, and overlooks.
Alternative C: Inland Buffer Zone Corridor
The road would be located generally parallel to the proposed
alignment of alternative B about 800 feet south and east of the Beaver
Basin Rim to a point east of the Sevenmile area where it would turn
directly east across the Kingston Plains to intersect with Alger County
H-58 north of Kingston Lake. It would be situated on largely non-NPS
owned lands within the park inland buffer zone.
Construction activities associated with a road within the inland
buffer zone of the park are similar to those of alternative B. The
overlook locations would be the same as those for alternative B. and
old road traces would be used wherever possible for the new road.
Approximately 87 acres of forest vegetation (mixed northern hardwoods
and pineland) would be effected with 38 acres permanently lost and 49
acres replanted to grasses and forbs. The length of this road would be
11.5 miles. The National Park Service would be required to acquire
2,560 acres of land (330 acres by donation from the State of Michigan).
Impacts for air quality, noise, soils, vegetation, wildlife,
cultural resources, visitor use and experience, socioeconomic
environment, and park operations would be similar to those of
alternative B. As in the case of alternative B., the National Park
Service would initiate further section 7(c) Endangered Species Act
consultation with the U.S. Fish and Wildlife Service with respect to
the eastern timber wolf and other threatened and endangered species
prior to beginning any construction.
Alternative A: No Action (Continuation of Existing Conditions)
In alternative A (no-action alternative), the current management of
Pictured Rocks National Lakeshore would continue. A new park road would
not be built, and existing park roads would be maintained at current
levels. Access into the park would not change. Visitors would continue
to drive outside the park, primarily through the park's inland buffer
zone on county road H-58 or on state highways 28 and 77, to get from
one end of the park to the other. This alternative would not be
consistent with the intent of Public Law 89-668, which directed NPS
development of a scenic drive within the shoreline zone of the national
lakeshore.
Overall impacts on air quality, noise, soils, vegetation, wildlife
(including recovery of the eastern timber wolf), and visual resources/
quality would be minor because no new road construction actions would
be taken that affect these resources. There would be no impacts on
cultural resources. If current visitation rates continue, there would
be a significant increase in the number of visitors to the park by
2003, but the effect on the visitor experience should be negligible. If
visitation increased, there would be a significant increase in visitor
expenditures as well as a significant change in the lifestyle for
residents of Grand Marais. In order to provide the appropriate level of
services, the park would need to increase its seasonal staff.
[[Page 47176]]
Other Alternatives
(1) Upgrading County Road H-58
Analyzed and rejected as alternative 3 of the environmental
assessment for the 1981 General Management Plan, Pictured Rocks
National Lakeshore, the upgrade and paving of existing county road H-58
from Legion Lake to the Twelvemile Beach Campground was proposed by
participants in the EIS preparation process. A spur road would be built
to a proposed new overlook at Beaver Basin. Except for a small section
of road near the Twelvemile Beach Campground and the overlook spur
road, the proposed park road would be located either completely outside
the park boundary or in the inland buffer zone. Under this alternative,
H-58 would continue to be a county road and would be maintained by the
county. The road would continue to be open to commercial traffic and
groomed for snowmobile use.
This alternative was rejected from analysis for several reasons.
First, H-58 existed prior to the park's enabling legislation (80 Stat.
922), and as such it could not qualify as the scenic shoreline drive
authorized by the act. The legislative history of the enabling
legislation specifically states that the shoreline drive is to be built
within the park's shoreline zone. Designating this portion of H-58 as
the shoreline drive would not be consistent with congressional intent.
For these reasons, the Department of the Interior's regional solicitor
concluded that H-58 could not qualify as the scenic shoreline drive
authorized by Congress.
In addition to the above legislative requirements, most of H-58
between Legion Lake and Twelvemile Beach Campground is too far from the
actual Lake Superior shoreline to reasonably be considered a shoreline
drive. Also, H-58 is not owned or maintained by the National Park
Service and portions are not within the park boundary. The park Service
has no authority or funding source to upgrade a county (or state) owned
roadway. The Park Service could not manage use of the road or the
adjacent land. Using H-58 as the shoreline drive does not separate park
visitor traffic from local or commercial traffic. Thus, a park
experience is not provided to visitors by upgrading H-58. Finally,
visitors still would have to drive outside the park and would not have
access to the center of the park.
(2) Construct a Paved Trail
Several individuals and groups proposed that the National Park
Service construct a paved trail for nonmotorized use instead of a new
road. This new trail could be used by hikers, bikers, horses, and
visitors in wheelchairs. Presumably, it would follow the same alignment
as the proposed road. This alternative was rejected because it would be
inconsistent with both the park's enabling legislation (which called
for development of a shoreline drive) and the 1981 General Management
Plan (which called for construction of a road along the rim of Beaver
Basin). In addition, this trail would serve only a small segment of the
public. Many more park visitors probably would drive a road than would
walk or bike on a 13-mile-long trail through the woods.
(3) Construct a Gravel Road
An alternative was advanced to construct a new road with a gravel
surface instead of pavement. This alternative would be inconsistent
with the park's general management plan, which called for the main
east-west road through the park (including the new road) to be paved.
Constructing a gravel surface road would not eliminate environmental
impacts. Although a gravel road would be partially permeable to
precipitation and would be less expensive to construct, it would result
in many of the same impacts as a paved road (e.g., increased noise,
loss of vegetation, wildlife disturbance). In addition, a gravel road
would result in increased dust and increased potential for erosion and
vehicle damage, and would require more routine maintenance than a paved
road.
Measures To Minimize Harm
This record of decision incorporates mitigation measures identified
in the Final Environmental Impact Statement (Mitigating Measures pages
29-33) and in the section 7(c) Endangered Species Act consultation
comments of the U.S. Fish and Wildlife Service.
Several design features of the road and management actions will
help minimize natural resource impacts of the road. These include
siting the road away from the escarpment, designing it as a two-lane
roadway with a posted speed of 35 mph, prohibiting commercial vehicles
(except tour buses), not plowing the road in winter, eliminating by
reclaiming all ``two tracks'' and trails providing vehicle and
pedestrian access into the Beaver Basin from the escarpment, and
prohibiting parking along the road except at the two overlooks
provided.
Specific actions to be taken to minimize harm are described in the
Final Environmental Impact Statement under the following subject
classifications: Road Design and Construction (pages 29-30), Air
Quality and Noise (pages 30-31), Water Quality (page 31), Soils (pages
31-32), Vegetation (page 32), Wolves (page 32), Public Use of the Road
(pages 32-33), and Federal Highway Administration Preconstruction
Contract Requirements (page 33). Among the specific actions to be taken
to minimize the road impacts would be the revegetation of disturbed
areas with native plantings. The basis for this revegetation program
would be preparation of a native plants revegetation plan and the
subsequent propagation of plant materials to be used in the
reclamation.
Comments on the Final EIS
The National Park Service received a total of 699 written responses
regarding the draft Environmental Impact Statement. Additional
responses were received regarding the Final Environmental Impact
Statement. Two were responses from other federal agencies and six
responses were from state, county, and local agencies. Twenty responses
were from private groups or organizations. All comments received were
reviewed in preparing this record of decision, and it was concluded
that all issues relevant to the adequacy of the Final Environmental
Impact Statement: Beaver Basin Rim Road have been addressed.
Conclusion
Following evaluation of the public review comments concerning the
alternatives and environmental impacts presented in the draft
environmental impact statement, and considering the legislative mandate
to develop a scenic shoreline drive, the National Park Service believes
that the selected alternative is the legally consistent course of
action for development and management of Pictured Rocks National
Lakeshore. However, in response to considerable public opposition to
this proposed road, and the efforts of members of Congress to eliminate
the legislative requirement for this development, the National Park
Service will take no immediate action to implement the project.
Dated: July 31, 1996.
William W. Schenll,
Field Director, Midwest Field Area.
[FR Doc. 96-22698 Filed 9-5-96; 8:45 am]
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