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Finding of No Significant Impact and Summary Environmental Assessment--Mexicali--Calexico International Conveyor Belt, Imperial County, CA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 27, 2002 (Volume 67, Number 249)]
[Notices]
[Page 79228-79231]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de02-175]
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DEPARTMENT OF STATE
[Public Notice 4242]
Finding of No Significant Impact and Summary Environmental
Assessment--Mexicali--Calexico International Conveyor Belt, Imperial
County, CA
The proposed action is to issue a Presidential Permit to Aggregate
Products Inc. to construct, operate and maintain an international
conveyor belt east of Calexico, California, and approximately 3,800
feet east of the Calexico II Port of Entry, and adjacent to Mexicali,
Baja California, Mexico, the purpose of which is to transport aggregate
materials (size-segregated rock and sand) from Mexico to Aggregate
Products Inc.'s land in the Gateway of the Americas Specific Plan Area
in Imperial County, California.
On November 19, 2001, the Bureau of Reclamation of the U.S.
Department of the Interior issued the company a ``License Relating to
an International Transportation Conveyor Belt Crossing the All-American
Canal System'' to construct, operate and maintain the conveyor belt,
``* * * within, on over and/or across certain lands which the United
States owns in fee or has reserved Rights-of-Way * * *.'' The License
applies to a ``strip of land 20.00 feet in width * * *'' with the
centerline ``* * * beginning at a point in the International Boundary
between the Republic of Mexico and the United States of America * * *''
and from that point north 541.87 feet ``* * * to a point in the north
line of the All-American Canal right-of-way.'' The north line of the
All-American Canal right-of-way also marks the beginning of the Gateway
of the Americas Specific Plan Area.
I. Background
The U.S. Department of State (the ``Department'') is charged with
the issuance of Presidential Permits for the construction of
international conveyor belts under Executive Order 11423 of August 16,
1968, 33 FR 11741 (1968), as amended by Executive Order 12847 of May
17, 1993, 58 FR 29511 (1993).
In 2000, Aggregate Products Inc. (the ``Sponsor''), with the
assistance of Giroux & Associates and Gibson Gonzalez Associates,
initiated preparation of an environmental assessment of the potential
environmental effects of the proposed International Conveyor Belt
(``Environmental Assessment''). A draft final ``Environmental
Assessment, Calexico/Mexicali Conveyor Project, Calexico P.O.E./Mexico
Border'' was completed on April 5, 2000. This was amended and
supplemented by the ``Environmental Assessment for Aggregate Products
Inc. Conveyor Belt Project'' dated March 7, 2001, and presented to the
Department of State, which considered two alternative options together
with the ``no action'' alternative.
The Department has acted as lead federal agency supervising
preparation and completion of the Environmental Assessment and has
engaged in follow-up inquiries concerning issues that have been raised
with respect to the International Conveyor Belt by government agencies
and by members of the public. The Department, acting in a manner
consistent with its regulations for the implementation of the National
Environmental Policy Act (``NEPA'') in the context of its
responsibilities with respect to Presidential Permits, has conducted
its own, independent review of the Environmental Assessment, as
supplemented. The Environmental Assessment has also been reviewed by
numerous federal and sub-federal agencies. Each such ``cooperating
agency'' has approved or accepted the Environmental Assessment,
provided, in certain cases, that mitigation recommendations are
followed. These cooperating agencies are:
U.S. Government: The Department of Agriculture, General Services
Administration, United States Section of the International Boundary and
Water Commission, Department of Transportation, Department of the
Interior, U.S. Fish and Wildlife Service, U.S. Bureau of Reclamation,
Environmental Protection Agency, Food and Drug Administration, Federal
Emergency Management Administration, Department of Defense, Department
of Commerce, Council on Environmental Quality and the Customs Service.
State of California: State Officer for Historic Preservation,
Department of Transportation, and the California Technology, Trade and
Commerce Agency. Imperial County: Air Pollution Control District,
Department of Public Works, Department of Planning, Imperial Irrigation
District.
Based on the draft final Environmental Assessment, as amended and
supplemented, information developed by the Department during the review
of the Sponsor's application and all comments received (referred to
hereinafter collectively as the ``Final Environmental Assessment''),
the Department has concluded that the issuance of the permit will not
have a significant impact on the quality of the human environment
within the United States. Therefore, an environmental impact statement
(``EIS'') will not be prepared. A summary of the assessment of
potential environmental impacts is presented below:
II. Factors Considered
The California Department of Transportation calculates investments
of over $1 billion in near- and long-term border trade corridor
projects. The decision to make major investments in upgrading and
expanding the highway system in the border region and north to major
population centers is directly attributable to the explosive growth in
trade since NAFTA came into being. This unprecedented program of
transportation improvements means higher demand for raw materials,
including aggregate. For much of Imperial County, and areas of San
Diego County as well, the closest source of quality aggregate is
Mexico.
There are only a limited number of pits in Imperial County that
yield, on a cost-competitive basis, sufficiently high quality aggregate
to meet federal and state road construction standards. All these
locations are far from the majority of major highway projects. The
material from these pits also has high sand-to-gravel ratios, which
increases the cost of processing the aggregates.
Finding new pits that yield high-grade aggregate is further
complicated by the fact that much of the area where the aggregates
exist, such as the foothill mountain ranges, is under government
control. This includes military areas (Chocolate Mountains Naval
Reservation Aerial Gunnery Range, U.S. Navy Bombing Area--Superstition
Mountain, and Carrizo Impact Area) and State and Federal parks (Coyote
Wilderness, Anza-Borrego Desert State Park, Jacumba Wilderness, and
Algodones Sand Dunes).
Privately owned aggregate sites are generally located at distances
that mean substantial transportation costs for projects in the border
region. For example, all of the high grade aggregates used for the
State Route 7 extension and the Commercial Vehicle Enforcement Facility
were shipped from Salton Sea Beach, 74 miles from the Calexico II Port
of Entry. The distance from the pit site in Mexico to the border is
only 28 miles.
The Department in this case considered the two alternatives
proposed. These are described in detail in the Final Environmental
Assessment and in summary fashion as follows:
Alternative 1 (Project): The project involves the construction of a
conveyor belt to import aggregate from Mexico. The aggregate will be
brought to the
[[Page 79229]]
conveyor belt by truck from the mine site 28 miles to the south. The
conveyor belt will run from a staging area in Mexico to Aggregate
Products Inc.'s property in the Gateway of the Americas Specific Plan
Area. In the United States, the belt will cross the All-American Canal
and the adjacent rights-of-way. The area from the border to the canal
structure, the service roads on the canal structure and the road
between the canal structure and the company's property are all cleared
land.
The belt will be approximately 550 feet long and 10 feet wide, and
will be supported by standards or pylons, which will be fixed in place.
The belt will be a minimum of 16 feet above the service roads that are
a part of the canal structure as well as the road between the canal
structure and the company's property.
The company projects imports of some 1,000,000 tons of aggregate
annually at peak levels.
Alternative 2: This alternative involves the use of trucks only to
transport the aggregate from the mine site, across the international
border, through the U.S. Customs inspection facility, through the
California State vehicle inspection facility and on to the company's
property in the Gateway of the Americas Specific Plan Area.
At peak level imports of 1,000,000 tons per year, this alternative
would require 40,000 round trips for trucks transporting 25 tons each.
Other Alternatives: Some consideration was given initially to
moving the aggregate by rail car. This alternative was eliminated from
further consideration because of the high capital investment required,
the high per-unit costs of short-haul rail and the inevitable traffic
congestion and social costs that would result in bringing hundreds of
rail cars through downtown Mexicali and through areas of Calexico with
inadequate grade crossings. Another alternative is the No Action
Alternative, which would maintain the status quo of trucking the
aggregate within the United States from distances of up to 74 miles.
While maintaining the status quo is feasible, there are environmental
costs associated with doing so, such as: (a) Air Quality. The added
travel from existing aggregate resources would substantially increase
the regional diesel exhaust burden, resulting in 15 to 37.5 tons per
year of nitrogen oxides, and smaller amounts of other pollutants
compared to the proposed project; (b) Noise. High-speed trucks are
strong noise generators. Noise levels at sensitive receivers near
regional access routes would be increased incrementally, especially for
any night or early morning materials deliveries; and (c)
Transportation. Accident potential, road wear and congestion effects
would be measurably increased by up to 5.4 million truck-miles per year
on Imperial County roadways.
The No Action Alternative would also mean continuing reliance on
higher-costs aggregates for tax-funded public projects. The California
Department of Transportation, in particular, strongly supports the
conveyor belt project because of its potential cost benefits to the
State's taxpayers.
III. Summary of the Assessment of the Potential Environmental Impacts
Resulting From the Proposed Action
The Environmental Assessment provides information on the
environmental effects of the alternatives outlined above. On the basis
of the Final Environmental Assessment, the Department makes the
following determinations regarding the potential environmental impacts
of Alternative 1, the Project Alternative.
Physical Conditions: The project will have minimal impact on any
soils because the physical footprint of the conveyor system will be
very small and will require only infrequent access. Imperial County
APCD regulations and use permit conditions will require dust control
measures for all traveled surfaces. Wind erosion will be minimal. Water
will be applied for dust control, but not in amounts to create mud or
cause water erosion. The proximity of the Imperial Fault will be the
design basis for all on-site structures, including the conveyor system.
Vegetation: No federal or California listed endangered or
threatened plant species occur within the project site. The project
will not disrupt the vegetation found along the Alamo River, which is
60 feet from the company's property in the Gateway Specific Plan Area.
The project site itself--the area between the International Boundary
and the All-American Canal, the Canal Structure, and the road between
the Canal and the company's property--is barren of vegetation.
Wildlife: (a) Fish. There are no endangered/threatened federal or
California listed species that occur within the project area. (b)
Birds. Several species of birds use the Alamo River for foraging. One
federally listed endangered specie, the Yuma Clapper Rail, was observed
in a May 1998 field survey within a quarter mile of the project area. A
very small stand of cattails was found approximately 75 feet east of
the company's property, but no Yuma Clapper Rail were observed in the
area. (c) Mammals. Mammals could be displaced temporarily by
construction activities. No federally or California listed mammals were
observed in the project area. Impacts on wildlife are anticipated to be
minimal and mitigated by the applicant's environmental commitments
described below.
Cultural Resources: Due to historical ground disturbance, there are
no known archaeological or historical sites of interest in the project
area. A cultural resources assessment was completed in 2000 and no
cultural resources were found at or near the proposed project site. The
All-American Canal is eligible for listing on the National Register of
Historic Places.
Water Resources: No significant effects on water quality are
expected to result from the project. The conveyor, which will span the
All-American Canal when in use, will have a spill containment catch-
tray to prevent spillage of material into the Canal.
Recreation: There are no recreational resources on or near the site
potentially affected by the project.
Hazardous Substances: All POLs, hazardous substances and hazardous
wastes will be handled in accordance with federal, state and local
regulations. Hazardous wastes will not be burned, dumped in trash
containers, deposited in landfills, buried, left on the ground or
dumped in ditches. Any spills of hazardous wastes will be properly
contained and the contamination handled in accordance with current
regulations.
Air Resources: This alternative can be expected to cause a short-
term, localized effect on fugitive particulate levels as a result of
earth moving during construction. The construction area will be watered
and a buffer distance maintained to protect plants and animals and
minimize blowing dust. Dust emissions during operations will be
minimized by compliance with air district rules against dust nuisance.
Aggregate on the conveyor belt will be ``misted'' as a dust control
measure. Overall, short term air effects are anticipated to be
outweighed by the long term benefits to air quality that the project
represents as compared with any alternative that was considered (e.g.,
the no action alternative).
Noise: There will be a short-term increase in noise levels during
construction. There will be mobile equipment noise and noise from the
conveyor belt during operations. There are no known noise sensitive
receivers in the immediate vicinity of the project. County ordinance
will restrict the hours of construction noise and operational noise
will not exceed Imperial County
[[Page 79230]]
standards. Short term noise effects are anticipated to be outweighed by
the long term noise reduction that the project represents as compared
with any alternative that was considered (e.g., the no action
alternative).
Environmental Justice/Socio-Economic Concerns: There will be a ``no
effect'' on minority and/or low-income communities in the immediate
vicinity of the project.
Health and Safety Concerns: The project is designed to minimize
health and safety concerns. California State agencies regulate
operations around moving equipment and all safety features required by
law will be utilized. The proximity of the Imperial Fault will be the
design basis for all on-site structures, including the conveyor system.
The design of the conveyor pylons will prevent any unauthorized use of
the conveyor to cross the All American Canal.
Possible Conflicts Between the Action and the Objectives of
Federal, Regional, State and Local Use Plans, Policies and Controls for
the Area Concerned: This project will be consistent with the defined
land usage. The sponsor, Aggregate Products Inc. will be responsible
for ensuring that all applicable environmental and construction permits
are obtained prior to the implementation of any portion of this
project.
Energy Requirements and Conservation Potentials: This project will
cause no significant increase in energy requirements, which are limited
to conveyor operations and loading/transport of aggregate materials for
distribution and use in the Gateway project area.
Any Irreversible and Irretrievable Commitments of Resources: The
project will be consistent with defined land usage. The commitments of
resources will cause a small increase in energy for aggregate
conveying, handling and transport, and in water for dust control. Such
a commitment is not a significant increase in terms of regional
resource availability.
Relationship Between Local Short-Term Use of Man's Environment and
Maintenance and Enhancement of Long-Term Productivity: This project
will be consistent with the defined land usage and is viewed as a
short-term solution to the lack of aggregate resources and building
materials in the project vicinity. The conveyor system disturbance
``footprint'' is sufficiently minimal as to readily allow return of the
site to existing uses if the building materials market should diminish.
The aggregate receiving and storage site could similarly be returned to
existing uses, but the mixed industrial zoning of that parcel would
likely result in eventual conversion to some non-agricultural use
regardless of project implementation.
Probable Adverse Environmental Effects Which Cannot Be Avoided: The
project will create human and equipment activities near biotic habitats
at a greater level of intensity than do existing agricultural
operations. However, the effects on wildlife are expected to be
minimal. Any potential impacts would be mitigated by the environmental
commitments by the applicant described below.
Probable Adverse Environmental Effects Which Cannot Be Avoided Due
to Associated Cumulative Effects: The airshed is an air quality non-
attainment area for particulate matter (PM-10). Any addition of
particulate represents a potential for a cumulative impact. However,
the proposed project is consistent with the level of development
anticipated for the site parcel as part of the Gateway Specific Project
Area environmental assessment process. Mitigation measures to control
dust, light and noise associated with the conveyor belt project will
reduce the cumulative impact of the receiving, storage and processing
site operations. Cumulative impacts will also result from a number of
activities that federal and state agencies may undertake. Border Patrol
inspection is expected to intensify in conjunction with Gateway
development. Imperial Irrigation District maintenance of the Canal may
create temporary emissions of noise or dust. The standard California
Department of Transportation practice to pave roads at night may
require occasional night aggregate processing operations.
IV. Environmental Commitments
To ensure consistency with this FONSI as well as that of the Bureau
of Reclamation, the sponsor, Aggregate Products Inc., has undertaken
the following environmental commitments:
1. No company construction activities or company trucking would be
allowed on the Imperial Irrigation District right-of-way adjacent to
the Alamo River.
2. All efforts will be made to minimize particulate matter,
lighting and noise that might affect wildlife.
3. A biologist will do a pre-construction survey to identify and
protect any wildlife in the project area. All construction activities
would avoid migratory bird species and their nests.
4. Any injured wildlife would be reported and/or taken to the
proper authorities for rehabilitation.
5. In the event of unexpected discovery of archaeological or
historical cultural resources, all activity shall cease in the area of
discovery. Immediate telephone notification of the discovery shall be
made to a responsible federal agency official. In addition, all
reasonable efforts to protect the cultural resources discovered shall
be made. The activity may resume only after the federal agency official
has authorized a continuance.
6. The All-American Canal is eligible for listing on the National
Register of Historic Places (CA-IMP-7320-H). This project will result
in no adverse effects to those qualities of the Canal that qualify it
for listing on the National Register. All construction must adhere to
the proposed construction plan. There will be no impacts to the Canal
during the life of this project. All weight bearing footings will be
outside the Canal footprint and away from the exterior toe slope. Heavy
equipment will be kept away from the Canal at all times.
7. Measures will be taken to prevent conveyed materials, including
soil and rock, from being dropped into the Canal in order to avoid
adverse effects on the current water quality.
8. All construction shall comply with applicable seismic codes to
minimize failure during a possible earthquake on the Imperial Fault.
9. All petroleum, oils, and lubricants (POL) will be properly
contained. Waste POLs and other articles, such as batteries, will not
be burned, dumped in trash containers, deposited in landfills, buried,
left on the ground or dumped in ditches. All materials brought out to
the project will be disposed of in a proper manner.
10. Any spills of POLs or hazardous wastes would be properly
contained and the contamination cleaned up and disposed of in
accordance with current regulations. All spills will be immediately
reported to the HAZMAT office in Calexico.
11. To protect plants and wildlife and minimize blowing dust, the
area would be watered during construction and site operations.
12. There would be a short-term increase in noise levels during
construction. Proper ear protection would be used by all personnel
working in the area.
13. A berm and fence shall be erected along the eastern property
line separating the aggregate receiving/distribution site from the
Alamo River. Fencing material shall be made partially opaque to reduce
glare and act as a dust transport barrier.
14. Landscaping shall be planted along the site frontage along any
public
[[Page 79231]]
road to visually screen the site and provide potential wildlife
habitat.
15. All herbicides used in landscape maintenance will be properly
approved and applied in accordance with all regulations.
16. The conveyor system shall be designed to prevent unauthorized
access by non-project personnel to minimize danger of falls or injury.
V. Conclusion: Analysis of the Environmental Assessment Submitted by
the Sponsor
Based on the Department's independent review of the Final
Environmental Assessment, comments received during its preparation and
comments received by the Department from Federal and State agencies
including measures which the sponsor has commited to take to prevent
potentially adverse environmental impacts, the Department has concluded
that issuance of a Presidential Permit authorizing construction of the
proposed Mexicali-Calexico International Conveyor Belt, as proposed to
be constructed in Alternative No. 1 as set forth in the Environmental
Assessment, would not have a significant impact on the quality of the
human environment within the United States. Accordingly, a Finding of
No Significant Impact is adopted and an environmental impact statement
will not be prepared.
The Final Environmental Assessment prepared by the Department
addressing this action is on file and may be reviewed by interested
parties at the Department of State, 2200 C Street NW., Room 4258,
Washington, DC 20520 (Attn: Mr. Dennis Linskey, Tel 202-647-8529).
Dated: December 20, 2002.
Dennis Linskey,
Coordinator, U.S.-Mexico Border Affairs, Office of Mexican Affairs,
Department of State.
[FR Doc. 02-32763 Filed 12-26-02; 8:45 am]
BILLING CODE 4710-29-P