Académique Documents
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DRAFT
AUGUST 2007
FME003137
DOPAA Description of the Proposed Action and PVB primary vehicle barrier
Alternatives
ECSO Engineering Construction Support Office SFA Secure Fence Act of 2006
ft2 square feet USFWS United States Fish and Wildlife Service
FME003138
COVER SHEET
Written comments and inquiries regarding this document should be directed to: TBD.
PRIVACY NOTICE
Your comments on this document are requested. Letters or other written comments
provided may be published in the EA. Comments will normally be addressed in the EA
and made available to the public. Any personal information provided will be used only
to identify your desire to make a statement during the public comment period or to fulfill
requests for copies of the EA or associated documents. Private addresses will be
compiled to develop a mailing list for those requesting copies of the EA. However, only
the names of the individuals making specific comments will be disclosed; personal
home addresses and phone numbers will not be published in the EA.
FME003139
DRAFT
ENVIRONMENTAL ASSESSMENT OF
AUGUST 2007
FME003140
TABLE OF CONTENTS
SECTION PAGE
1. INTRODUCTION...................................................................................................................................................1-1
APPENDICES
APPENDIX PAGE
A Descriptions of Tactical Infrastructure ............................................................................................................. A-1
FIGURES
FIGURE PAGE
TABLES
TABLE PAGE
Table 1. The El Centro Sector Proposed Scope of Tactical Infrastructure .................... Error! Bookmark not defined.
i
FME003141
EXECUTIVE SUMMARY
INTRODUCTION
DESCRIPTION OF PROPOSED ACTION
PURPOSE AND NEED
PROPOSED ACTION AND ALTERNATIVES CONSIDERED
Alternative 1: No Action Alternative
Alternative 2: Proposed Action
Alternative 3: Other Alternative Considered
Alternatives Considered but Eliminated from Further Consideration
AFFECTED ENVIRONMENT AND CONSEQUENCES
SUMMARY OF MITIGATION ACTIONS
FINDINGS AND CONCLUSIONS
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FME003142
Draft – Not for Public Dissemination
1. INTRODUCTION
1.1 BACKGROUND
The Office of Border Patrol (OBP) within the Department of Homeland Security (DHS),
U.S. Customs and Border Protection (CBP), has as its priority mission the prevention of
terrorists and terrorist weapons, including weapons of mass destruction, from entering
the United States (CBP 2006). The OBP has retained its traditional missions of
interdicting illegal aliens and drugs and those who attempt to smuggle them into the
United States. The OBP’s new and traditional missions are complementary: to identify
and control who and what are entering the United States.
The OBP is specifically responsible for patrolling nearly 6,000 miles of Mexican and
Canadian international land borders and more than 2,000 miles of coastal waters
surrounding the Florida Peninsula and the island of Puerto Rico. Since 1994, the OBP
has made more than 15.6 million apprehensions nationwide. In fiscal year (FY) 2005,
OBP agents made almost 1.2 million arrests of people for illegally entering the country,
and seized more than 12,300 pounds of cocaine and more than 1.2 million pounds of
marijuana. The total street value of drugs interdicted in FY 2005 was more than $1.4
billion (CBP 2006).
The National Border Patrol Strategy includes constructing tactical infrastructures (TI) to
force rerouting of illegal border crossers away from urban areas to remote areas where
OBP agents have a better chance of apprehending them. In some locations, fencing is
a critical element of border security OBP (OBP 2004).
The Secure Border Initiative (SBI) was established on November 2, 2005, as a multi-
year plan to coordinate DHS efforts to ensure the legal entry and exit of people and
goods through our borders, and the enforcement of immigration, customs, and
agriculture laws within the U.S. and abroad (CBP 2007).
OBP has nine administrative sectors along the U.S./Mexico international border. The
OBP El Centro Sector provides law enforcement support for the counties of Imperial
and Riverside, California. [[Preparer’s Note: e²M will obtain additional information
on each sector during the Sector Site Visits, including the length of U.S./Mexico
border within the El Centro Sector and the condition of the current fence,
infrastructure, etc., to be included here.]]
The Proposed Action is needed to provide OBP agents with the tools necessary to
prevent terrorists and terrorist weapons from entering the United States, to reduce the
flow of illegal drugs, to interdict illegal aliens, to provide a safe work environment for
OBP agents, and to enhance the response time of OBP agents. To achieve effective
operational control of our nation’s borders, OBP is developing an optimum mix of OBP
uniformed agents, application of technology, construction of tactical infrastructures, and
intelligence resources on illegal border activities.
The purpose of the SFA is to establish operational control over the international land
and maritime borders of the United States. The SFA directs the OBP to construct
approximately 700 miles of pedestrian fence along the U.S./Mexico international border.
The SFA seeks ways to enhance the effectiveness of the OBP in their mission to control
illegal immigration. The SFA also provides the OBP with flexibility in choosing and
implementing secure border tools that are most suitable to the respective missions and
operational environments of each OBP sector.
The OBP El Centro Sector has identified high-priority areas for improvements that will
help it gain operational control of the border. These improvements include installation
of “primary fence” segments (areas of the border that are not currently fenced). These
portions of primary fence are designated as segments ECL-CAX-1 and ECL-CAX-2 on
Figure 1-X. Under the SFA, Congress has appropriated funds for the construction of
pedestrian fence along the U.S./Mexico international border. Construction of other
tactical infrastructure might occur as additional funds are appropriated by Congress.
[[Preparer’s Note: e²M will develop a map showing the El Centro Sector and
locations proposed for construction and operation of new Tactical
Infrastructure to include here.]]
Through the public involvement process, OBP notified relevant Federal, state, and local
agencies of the Proposed Action and requested input on environmental concerns they
might have regarding the Proposed Action. The public involvement process provides
OBP the opportunity to cooperate with and consider state and local views in
implementing this Federal proposal. As part of the EA, OBP has coordinated with
agencies such as the U.S. Environmental Protection Agency (USEPA); U.S. Fish and
Wildlife Service (USFWS); State Historic Preservation Office (SHPO); and other
Federal, state, and local agencies (see Appendix B). Agency responses have been
incorporated into the analysis of potential environmental impacts.
A Notice of Availability (NOA) for this EA and proposed Finding of No Significant Impact
(FONSI) will be published in the _names of newspapers to be inserted here_. This is
done to solicit comments on the Proposed Action and involve the local community in the
decisionmaking process. Comments from the public and other Federal, state, and local
agencies will be incorporated into the Final EA and included in Appendix B.
Throughout the NEPA process, the public may obtain information concerning the status
and progress of the Proposed Action and the EA through (b) (6)
Environmental Manager, U.S. Army Corps of Engineers (USACE), Fort Worth District,
Engineering Construction Support Office (ECSO), at (b) (6)
The USACE-Los Angeles District will act on applications for Department of the Army
permits pursuant to Section 10 of the River and Harbor Act of 1899 (33 United States
Code [U.S.C.] 403), and Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344).
In a _date to be inserted here_ letter, the USACE-Los Angeles District identified the
Proposed Action as the least environmental damaging placement alternatives.
[[Preparer’s Note: e²M will complete this section on cooperating agencies when
that information becomes available.]]
Section 7 of the Endangered Species Act (ESA) (Public Law 93-205, December 28,
1973) states that any project authorized, funded, or conducted by any Federal agency
should not “…jeopardize the continued existence of any endangered species or
threatened species or result in the destruction or adverse modification of habitat of such
species which is determined … to be critical.” The USFWS is a cooperating agency on
this proposed action to determine whether any federally listed or proposed endangered
or threatened species or their designated critical habitats would be adversely impacted
by the Proposed Action, to streamline Section 7 consultation, to identify the nature and
extent of potential effects, and to jointly develop measures that would avoid or reduce
potential effects on the species. The USFWS will issue a Biological Opinion (BO) on
the potential for jeopardy. If their opinion is that the project is not likely to jeopardize
any listed species, they can also issue an incidental take statement as an exception to
the prohibitions in Section 9 of the ESA.
The process for implementing NEPA is codified in 40 CFR 1500–1508, Regulations for
Implementing the Procedural Provisions of the National Environmental Policy Act, and
DHS’s Management Directive (MD) 5100.1, Environmental Planning Program. The
CEQ was established under NEPA to implement and oversee Federal policy in this
process. CEQ regulations specify that the following must be accomplished when
preparing an EA:
• Briefly provide evidence and analysis for determining whether to prepare an EIS
or a FONSI
• Aid in an agency’s compliance with NEPA when an EIS is unnecessary
• Facilitate preparation of an EIS when one is necessary.
To comply with NEPA, the planning and decisionmaking process for actions proposed
by Federal agencies involves a study of other relevant environmental statutes and
regulations. The NEPA process, however, does not replace procedural or substantive
In addition to the SFA, additional authorities include the Clean Air Act, CWA (including a
National Pollutant Discharge Elimination System [NPDES] storm water discharge
permit), Noise Control Act, ESA, National Historic Preservation Act, Archaeological
Resources Protection Act, Resource Conservation and Recovery Act, and Toxic
Substances Control Act. Executive Orders (EOs) bearing on the Proposed Action
include EO 11988 (Floodplain Management), EO 11990 (Protection of Wetlands), EO
12088 (Federal Compliance with Pollution Control Standards), EO 12580 (Superfund
Implementation), EO 12898 (Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations), EO 13045 (Protection of Children
from Environmental Health Risks and Safety Risks), EO 13423 (Strengthening Federal
Environmental, Energy, and Transportation Management), EO 13175 (Consultation and
Coordination with Indian Tribal Governments), and EO 13186 (Responsibilities of
Federal Agencies to Protect Migratory Birds).
The OBP El Centro Sector has identified high-priority areas for tactical infrastructure
improvements that will help it gain operational control of the border. OBP proposes to
construct primary border fencing along urban areas where it would be most effective for
its law enforcement purposes. In these areas, individuals who illegally cross the border
have only a short distance to cover before disappearing into neighborhoods; once they
have entered neighborhoods, it is much more difficult for OBP agents to identify and
apprehend suspects engaged in unlawful border entry. Additionally, around populated
areas, it is relatively easy for illegal border crossers to find transportation into the interior
away from the OBP patrol areas. For these reasons, primary border fencing would
most likely be constructed in urban population centers abutting the border.
In rural areas, individuals who illegally cross the border must traverse longer distances
before they can disappear into populated areas. Although effective, achieving optimum
enforcement value from fencing is manpower intensive because agents must continually
check the fence for breaches and for illegal activity. In some of the more remote areas
of the border far from towns and OBP stations, border patrol agents must travel great
distances, devoting much more time to monitoring areas where fencing is breached or
damaged.
Figure 2-1. New Fence Foundation (top) and Pedestrian Fence (bottom)
The pedestrian fence would be installed approximately 3 feet north of the U.S./Mexico
international border within the Roosevelt Reservation.1 The final design will be
developed by the design/build contractor. However, design criteria require that, at a
minimum, the fence must be 16 feet high and capable of withstanding a crash of a
10,000-pound (gross weight) vehicle traveling at 40 miles per hour.
[[Preparer’s Note: e²M will obtain additional information during the Sector Site
Visits regarding new patrol roads, access roads (construction roads) (locations,
miles and acres potentially impacted), staging areas, lights, sensors, etc. to
include here.]]
Under the SFA, Congress has appropriated funds for the construction of a pedestrian
fence and related tactical infrastructure along the U.S./Mexico international border.
Construction of additional tactical infrastructure might occur if additional funds are
appropriated by Congress.
The option to construct primary vehicle barriers (PVBs) in lieu of the fence would restrict
vehicles from illegally entering the United States; however, vehicle barriers would not
prevent potential terrorists, drug smugglers, or illegal aliens from entering the United
States on foot in the El Centro Sector. In addition, PVBs alone do not fully satisfy the
1
In 1907, President Roosevelt reserved from entry and set apart as a public reservation all
public lands within 60 feet of the international boundary between the United States and Mexico
within the State of California and the Territories of Arizona and New Mexico. Known as the
“Roosevelt Reservation,” this land withdrawal was found “necessary for the public welfare ... as
a protection against the smuggling of goods.” The proclamation excepted from the reservation
all lands, which, as of its date, were (1) embraced in any legal entry; (2) covered by any lawful
filing, selection, or rights of way duly recorded in the proper U.S. Land Office; (3) validly settled
pursuant to law; or (4) within any withdrawal or reservation for any use or purpose inconsistent
with its purposes (CRS 2006).
intent of the SFA. For these reasons, construction of permanent vehicle barriers, rather
than a pedestrian fence, was eliminated from further consideration.
2.6 SUMMARY
TBD.
2 3. REFERENCES
CBP 2006 CBP Border Patrol Overview, January 11, 2006. Available online:
<www.cbp.gov/xp/cgov/border_security/border_patrol/overview.xm>. Accessed
August 16, 2007.
CBP 2007 SBInet Timeline, July 13, 2007. Available online: <www.cbp.gov/xp/cgov/
border security/sbi/sbinet information/sbinet project timeline.xm >.
Accessed August 26, 2007.
CRS 2006 Congressional Research Service (CRS) Report For Congress, December 12,
2006. Border Security: Barriers Along the U.S. International Border.
OBP 2004 Office of Border Patrol, National Border Patrol Strategy, September 2004.
Available online: <www.cbp.gov/linkhandler/cgov/border_security/border_patrol/
national_bp_strategy.ctt/national_bp_strategy.pdf>
3 .
APPENDIX A
Descriptions of Tactical Infrastructure
The OBP currently uses the following three main types of barriers along the border:
There are several types of primary border fence designs CBP can select for
construction depending on various site conditions and law enforcement tactics
employed. Each option offers their relative advantages and disadvantages. Fencing
based on concrete panels, for example, is among the more cost-effective solutions but
OBP agents cannot see through this type of barrier. OBP prefers fencing structures that
offer visual transparency that will offer OBP agents a tactical advantage of their ability to
observe activities developing on the other side of the border.
Over the past decade, CBP has been deploying a variety of types of primary fencing,
such as bollard-type fencing, ornamental picket fencing, landing mat fencing, chain-link
fencing. Bollard fencing has been effective in its limited deployment and can also be
seen through. However, it is expensive to install and to maintain. Landing mat fencing
is composed of army surplus carbon steel landing mats which were used to create
landing strips during the Vietnam War. Chain-link fencing is relatively economical, but
more easily compromised. In selecting particular fencing designs, CBP has to weigh
various factors such as, their utility as law enforcement tool, costs associated with its
construction and maintenance, potential environmental impacts, and other public
interest concerns. CBP is continuing to develop different types of fence designs that
could best address these competing objectives and constraints.
The secondary fence proposed by the Sandia study has enough space between the two
fences to accommodate an access road. The secondary fence is an angled two-piece
fence. The fence is vertical up to 10 feet high, and then extends out at an angle towards
the climber. This prevents climbing by using gravity and the weight of the climber
against them. CBP is developing different types of fence designs and their
performance, design specifications, and prototype photograph are provided in Figure
XXX.
The CBP developed a variety of barrier designs to stop vehicles from easily crossing
into the United States from Mexico. Some of these barriers are fabricated to be used as
temporary placement and typically not anchored with foundations. Because they are
not permanently anchored, they could be easily moved to different locations with heavy
construction equipment. Temporary vehicle barriers are typically built from welded
metal, such as railroad track, but can also be constructed from telephone poles or pipe.
These barriers are built so that they cannot be easily rolled or moved using manual
labor only. They are placed and typically chained together on areas of high potential for
vehicle entry.
Permanent vehicle barriers typically consist of steel posts or bollards with a concrete
foundation base. The posts alternate in aboveground height in order to prevent
individuals from forming a ramp over the barrier. CBP is working on developing
different types of vehicle barrier designs and performance specifications Figure XXX
provides photographs of several prototypes.
Support Facilities
• Construction materials storage and equipment staging areas
Utilities Network
• Portable packaged power generator and distribution
• Security lighting
• Water wells, storage, and underground distribution piping
• Septic and sewage treatment
Communication networks
• Antenna towers
• Underground utility lines
Transportation nods
• Helipad
• Boat ramps and docks