ICL urges appeal of bridge finding

SANDPOINT — The U.S. Coast Guard issued a finding of no significant impact earlier this month, paving the way for the BNSF Railway Company to move forward with railroad bridges across Sand Creek and Lake Pend Oreille.

The finding, or FONSI, was issued with the Coast Guard’s final environmental assessment, despite calls by local individuals and organizations the agency to conduct the more extensive Environmental Impact Statement. Because a portion of the tracks would fall within city limits, Matt Nykiel with the Idaho Conservation League asked City Council on Wednesday to submit a letter requesting the Coast Guard reconsider its decision not to require an EIS for the project.

“It is the highest level of environmental review,” Nykiel said of the EIS. “We have been surprised at BNSF’s unwillingness to simply commit to an EIS, which they have the authority to do, because providing a thorough analysis of the project that is as significant as this, and opening this process up to the public is really the norm when it comes to these things … For the people of Sandpoint, Lake Pend Oreille really is our most important asset, so anything that could affect it, good or bad, affects our quality of life and local businesses.”

The city made a similar resolution with an associated letter in May of 2018 at the behest on Nykiel, encouraging the Coast Guard to provide an EIS. The Coast Guard is the lead federal agency for the project. Nevertheless, the Coast Guard ultimately decided an environmental assessment would be sufficient in accordance with the National Environmental Policy Act.

Nykiel told council members that the project would consist of five bridges, including the one across the lake, one across Bridge Street, and another across Sand Creek, as well as two temporary construction bridges.

According to the public notice released by the Coast Guard on Sept. 5, BNSF asserts the single-track configuration has become a constraint to efficient rail movement, resulting in congestion on the BNSF main line, rail yards and on sidings as trains await clearance to cross the existing single-track bridges. According to BNSF, the proposed new bridges will relieve rail congestion and allow for more efficient movement of train traffic throughout the Lake Pend Oreille region.

Because the request was not listed as an action item for Wednesday’s meeting, Nykiel told council there is a time limit for a decision.

“The rules say that a letter like this can only be submitted within 30 days from when the decision has been issued,” Nykiel said. “It is also the last opportunity for the city to weigh in … Later on, if the city were to decide it wanted to appeal the Coast Guard’s decision, it would have already submitted this letter.”

While the public notice for the decision was released on Sept. 5, Nykiel said the decision document is dated Aug. 29. While Nykiel was unclear which date the 30 days would start from, he said the next regular council meeting on Oct. 2 might be too late.

City Administrator Jennifer Stapleton said a special council meeting is planned for Thursday, Sept. 26, and staff agreed to add the item to the agenda.

Nykiel said if city officials choose to submit a letter at that time, they should also request the Coast Guard stay the effect of the decision while it reconsiders the matter.

“BNSF has already started some of the construction process, and if the Coast Guard doesn’t stay its decision, BNSF can continue to construct before the Coast Guard actually concludes its reconsideration process.”

Mary Malone can be reached by email at mmalone@bonnercountydailybee.com and follow her on Twitter @MaryDailyBee.