City raps Coast Guard for lack of EIS

SANDPOINT — City Council members directed staff this week to draft a letter to the U.S. Coast Guard expressing the city’s disappointment in the decision not to move forward with an Environmental Impact Statement regarding BNSF Railway Company’s plan to construct additional rail bridges across Lake Pend Oreille and Sand Creek.

The letter will only be symbolic, however, as Matt Nykiel with the Idaho Conservation League told council on Thursday that there is no administrative review process for the final environmental assessment as he initially thought there was. The Coast Guard issued a finding of no significant impact, or FONSI, earlier this month. The finding was issued with the final environmental assessment, despite calls by local individuals and organizations for the agency to conduct the more extensive EIS.

“It is still my opinion and the ICL’s opinion that an EIS would best serve the community and the environment,” Nykiel said.

Nykiel approached council at their Sept. 18 meeting asking council to submit a letter requesting the Coast Guard reconsider its decision not to require an EIS for the project. At that time, Nykiel said the letter would have been part of an administrative review process with the Coast Guard. When he later contacted a Coast Guard representative for a question regarding the deadline for the letter, however, he was told there would be no such process for the decision.

“He acknowledged that an administrative review process exists with the Coast Guard, but only applies to certain decisions, and this decision on the bridge is not one of them,” Nykiel said. “What that means is the final EA that they released is a final decision. It doesn’t mean that the finality makes the decision correct or legal, it just means that the only other recourse left for interested parties at this point is to file a lawsuit.”

With a lawsuit being the only option, Nykiel said ICL has been discussing its next steps internally. He also suggested the city continue with the draft letter despite it only being symbolic in nature.

Nykiel told council members that the project would consist of five bridges, including the one across the lake running parallel with the current two-mile structure, as well as one across Bridge Street, and another across Sand Creek. It would also include 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.

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