Record of Decision, Pictured Rocks National Lakeshore; Final Environmental Impact Statement: Beaver Basin Rim Road

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

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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.

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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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