Forest Order 09-09-24-06 Temporary Closure of Forest Road 170 (FR170)

Associated Documents

Forest Order

Statement of Purpose and Need

The Superior National Forest is proposing to implement Closure Order 09-09-24-06. 

The proposed closure order is needed to temporarily close a section of Forest Road 170 (FR170) “The Grade” surrounding ongoing construction at the crossing of the Cascade River to motorized traffic. Construction is scheduled replacement of an old culvert during summer of 2024. Due to conditions found at the time of construction, additional design, resources, and time are needed to complete the project to ensure safety and environmental quality standards. As a result, the road remains impassable and will be delayed until September 2025 or until construction is complete and the closure is rescinded, whichever comes first. The Eagle Mountain trailhead will remain open, as well as foot access to the Cascade River. The closure will be posted with on-site vehicle barricade signs on the road one quarter mile east and west of the river. 

FR170 is a gravel road suitable for passenger vehicles and important for forest users, emergency services, and logging/gravel traffic. There are alternative routes via Minnesota highway 61 available:

Alternate Route 1 -

Caribou trail to MN Highway 61, to the Gunflint trail to Cook County 8 “Devils Track” and Cook County 27 “Ball club road”.  

Alternate Route 2 -

Caribou trail to MN Highway 61, to Cook County 7 to Cook County 48 and FR158 “Bally Creek Road”, however this route is not fully plowed during winter. Efforts are being made to restore access and reduce the impact as quickly as possible.

Implementation of this closure order will serve to increase the protection of persons who visit the Superior National Forest, increase protection of employees engaged in the various missions of the National Forest System, increase the protection of natural resources, and allow emergency vehicle access. 

Order 09-09-24-06

Prohibitions

Pursuant to 16 U.S.C. § 551 and 36 C.F.R. § 261.50(a), the following acts are prohibited within the area described in this Order (the “Restricted Area”) and as depicted on the attached map, hereby incorporated into this Order as Exhibit A with Alternative Routes 1 & 2, within the Gunflint Ranger District, Superior National Forest, Cook County, Minnesota.

1. Motor vehicle entry. 36 C.F.R. § 261.54(a).

Exemptions

Pursuant to 36 C.F.R. § 261.50(e), the following persons are exempt from this Order:

1. Persons with a written Forest Service authorization specifically exempting them from the effect of this Order. This includes Forest Service contractors, their equipment, as well as Forest Service and State of Minnesota employees associated with the construction.
2. Any Federal, State, or Local Officer, or member of an organized rescue or firefighting resource in the performance of an official duty.

Restricted Area
The Restricted Area is within Township 62N Range 2W Section 10 and 11, 4th Principal Meridian, Cook County, Minnesota.
The Cascade River crossing on FR170-“The Grade” is impassable. Therefore, the restricted area includes the river crossing and immediate construction areas behind posted barricades. Eagle Mountain trailhead will remain open and accessible by using Alternatives 1 & 2 in Exhibit A. Foot access to the Cascade River will remain open given parking is outside of posted barricades and does not impede construction or administrative operations

• •Exhibit A - Alternate routes on Forest Roads include:
  • Alternate Route 1 - Caribou trail to MN Highway 61, to the Gunflint trail to Cook County 8 “Devils Track” and Cook County 27 “Ball club road”. o Alternate Route 2 - FR158 “Bally Creek Road”, this route is not fully plowed during winter.
• Barricades will be located 0.25 miles east and west of the Cascade River bridge.
• Signage will be posted and maintained at the intersections depicted in Exhibit A of this Order.

Purpose

The purpose of this Order is to protect public health and safety.

Implementation

1. This Order will be effective on September 20, 2024 at 0600, and shall remain in effect until September 30, 2025 at 2400 or until rescinded, whichever occurs first.
2. A map identifying the Restricted Area is attached and made part of this Order as Exhibit A.
3. Any violation of this prohibition is punishable as a Class B misdemeanor by a fine of not more than $5,000 for individuals and $10,000 for organizations, or by imprisonment for not more than six (6) months, or both (see 16 U.S.C. § 551, 18 U.S.C. § 3571(b)(6),18 U.S.C. § 3581 (b)(7)).
4. Further information regarding this Order may be obtained at the Superior National Forest Supervisor’s Office located in Duluth, telephone number 218-626-4300.
5. This Order supersedes any previous orders prohibiting the same acts covered by this Order.

Done at Duluth, Minnesota, this 20th day of September, 2024

Signed by Thomas B. Hall
Forest Supervisor 
Superior National Forest

Implementation and Enforcement Plan

Public Notice:

• Copies of the approved closure order shall be made available to the public at the Superior National Forest Headquarters (Forest Supervisor’s Office).
• Contents of the approved closure order shall be posted on the Superior National Forest website at https://www.fs.usda.gov/superior/
• A news release describing the prohibited acts of the order shall be published in local newspapers.
• Information will be shared with the public via local radio stations and social media.
• Signs shall be posted at those locations identified by field personnel as being areas likely to be used by the public in violation of the closure order.

Enforcement:

• Enforcement of the closure order shall be limited to Law Enforcement personnel and Forest Protection Officers who hold an up-to-date certification.
• Regular patrols of the areas closed by the order shall be conducted by law enforcement personnel.
• Officers and Forest Protection Officers shall exercise appropriate discretion when issuing warnings or violation notices.
• All violations of the order shall be documented using the appropriate law enforcement forms (5300-1 incident report) or (5300-4-violation notice). 

Civil Rights Memorandum

Major civil rights impacts are those consequences of proposed policy actions that, if implemented, would negatively and disproportionally affect groups or classes of people by virtue of their race, color, sex, national origin, age, religion, family status, or disability. 

I have considered and coordinated government to government on the impact of the proposed prohibitions with Bois Forte Band of Chippewa, Fond du Lac Band of Lake Superior Chippewa and the Grand Portage Band of Lake Superior Chippewa. 

NEPA Memorandum

I have reviewed the agency NEPA regulations and have found that closure orders under 36 CFR 261 can be categorically excluded from documentation in an EA or EIS.  Furthermore, this category does not require a decision memorandum or NEPA project file (36 CFR 220.6(d)(1)). 

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