[Federal Register Volume 67, Number 249 (Friday, December 27, 2002)]
[Notices]
[Pages 79228-79231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32763]



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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

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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

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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

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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