80 FR 41139 - Notice of Final Federal Agency Actions on Proposed Highway in California

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 80, Issue 134 (July 14, 2015)

Page Range		41139-41140
FR Document		2015-17237

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans and USFWS that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project on State Route 152 near the City of Gilroy in Santa Clara County in the State of California. Those actions grant licenses, permits, and approvals for the project.

Federal Register, Volume 80 Issue 134 (Tuesday, July 14, 2015)

[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Notices]
[Pages 41139-41140]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17237]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
California

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by the California Department of Transportation (Caltrans), pursuant to 
23 U.S.C. 327, and the United States Fish and Wildlife Service (USFWS).

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SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans and USFWS that are final within the 
meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed 
highway project on State Route 152 near the City of Gilroy in Santa 
Clara County in the State of California. Those actions grant licenses, 
permits, and approvals for the project.

DATES: By this notice, the FHWA, on behalf of Caltrans, is advising the 
public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim 
seeking judicial review of the Federal agency actions on the highway 
project will be barred unless the claim is filed on or before December 
11, 2015. If the Federal law that authorizes judicial review of a claim 
provides a time period of less than 150 days for filing such claim, 
then that shorter time period still applies.

FOR FURTHER INFORMATION CONTACT: For Caltrans: Eric DeNardo, Associate 
Environmental Planner, 111 Grand Ave. MS-8B Oakland, CA 94612, 7:30 
a.m.-5:15 p.m., (510) 286-5645, [email protected]. For USFWS: 
Jerry Roe, Caltrans Liaison, U.S. Fish and Wildlife Service, 28000 
Cottage Way Sacramento, CA 95825, (916) 414-6600, [email protected].

SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the Federal Highway 
Administration (FHWA) assigned, and the California Department of 
Transportation (Caltrans) assumed, environmental responsibilities for 
this project pursuant to 23 U.S.C. 327. Notice is hereby given that 
Caltrans, and USFWS have taken final agency actions subject to 23 
U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the 
State Route (SR) 152 Shoulder Widening project in the State of 
California. The project would improve roadway safety along SR 152 from 
0.6 miles west of Prunedale Avenue to 0.24 miles east of Prunedale 
Avenue east of the City of Gilroy, in unincorporated Santa Clara 
County. All shoulders less than 8 feet wide would be widened to 
standard 8-foot shoulders, with rumble strip placement within both 
shoulders and median. The existing drainage ditch on the westbound 
shoulder of SR 152 would be improved by relocating it further from the 
roadway and reconstructing it to have less steep slopes. The actions by 
the Federal agencies, and the laws under which such actions were taken, 
are described in the Environmental Assessment (EA) for the project, 
approved on June 24, 2015 in the FHWA Findings of No Significant Impact 
(FONSI) issued on June 24, 2015, and in other documents in Caltrans' 
project records. The EA, FONSI, and other project records are available 
by contacting Caltrans at the addresses provided above. The Caltrans EA 
and FONSI can be viewed and downloaded from the project Web site at 
http://www.dot.ca.gov/dist4/envdocs.htm, or viewed at public libraries 
in the project area. The USFWS decision and Biological Opinion are 
available by contacting USFWS at the address provided above. This 
notice applies to all Federal agency decisions as of the issuance date 
of this notice and all laws under which such actions were taken, 
including but not limited to:

1. Council on Environmental Quality Regulations
2. National Environmental Policy Act of 1969, as amended, 42 U.S.C. 
4321 et seq.
3. Federal-Aid Highway Act of 1970, 23 U.S.C. 109
4. MAP-21, the Moving Ahead for Progress in the 21st Century Act
5. Clean Air Act Amendments of 1990 (CAAA)
6. Clean Water Act of 1977 and 1987
7. Federal Water Pollution Control Act of 1972 (see Clean Water Act of 
1977 & 1987)
8. Federal Land Policy and Management Act of 1976 (Paleontological 
Resources)
9. Noise Control Act of 1972
10. Safe Drinking Water Act of 1944, as amended
11. Endangered Species Act of 1973
12. Executive Order 11990, Protection of Wetlands
13. Executive Order 13112, Invasive Species
14. Executive Order 13186, Migratory Birds
15. Fish and Wildlife Coordination Act of 1934, as amended
16. Migratory Bird Treaty Act
17. Water Bank Act Wetlands Mitigation Banks, ISTEA 1991, Sections 
1006-1007
18. Wildflowers, Surface Transportation and Uniform Relocation Act of 
1987 Section 130

[[Page 41140]]

19. Coastal Zone Management Act of 1972
20. Coastal Zone Management Act Reauthorization Amendments Of 1990
21. Executive Order 11988, Floodplain Management
22. Department of Transportation (DOT) Executive Order 5650.2--
Floodplain Management and Protection (April 23, 1979)
23. Rivers and Harbors Appropriation Act of 1899, Sections 9 and 10
24. Title VI of the Civil Rights Act of 1964, as amended
25. Executive Order 12898, Federal Actions to Address Environmental 
Justice and Low-Income Populations

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing E. 
O. 12372 regarding intergovernmental consultation on Federal 
programs and activities apply to this program.)

    Authority: 23 U.S.C. 139(l)(1).

Matthew Schmitz,
Director, Project Delivery, Federal Highway Administration, Sacramento, 
California.
[FR Doc. 2015-17237 Filed 7-13-15; 8:45 am]
 BILLING CODE 4910-22-P

Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Notices 41139

RETENTION AND DISPOSAL: DEPARTMENT OF TRANSPORTATION foot shoulders, with rumble strip
Records are retired or destroyed in placement within both shoulders and
Federal Highway Administration median. The existing drainage ditch on
accordance with published records
the westbound shoulder of SR 152
disposition schedules of the Department Notice of Final Federal Agency Actions would be improved by relocating it
of State and as approved by the National on Proposed Highway in California further from the roadway and
Archives and Records Administration reconstructing it to have less steep
AGENCY: Federal Highway
(NARA). More specific information may slopes. The actions by the Federal
Administration (FHWA), DOT.
be obtained by writing the Director, agencies, and the laws under which
ACTION: Notice of Limitation on Claims
Office of Information Programs and such actions were taken, are described
for Judicial Review of Actions by the
Services, Department of State, SA–2, in the Environmental Assessment (EA)
California Department of Transportation
515 22nd Street NW., Washington, DC for the project, approved on June 24,
(Caltrans), pursuant to 23 U.S.C. 327,
20522–8001. and the United States Fish and Wildlife 2015 in the FHWA Findings of No
Service (USFWS). Significant Impact (FONSI) issued on
SYSTEM MANAGER AND ADDRESS: June 24, 2015, and in other documents
Director, Office of Civil Rights, Room SUMMARY: The FHWA, on behalf of in Caltrans’ project records. The EA,
Caltrans, is issuing this notice to FONSI, and other project records are
7428, Department of State, 2201 C Street
announce actions taken by Caltrans and available by contacting Caltrans at the
NW., Washington, DC 20520.
USFWS that are final within the addresses provided above. The Caltrans
NOTIFICATION PROCEDURES:
meaning of 23 U.S.C. 139(l)(1). The EA and FONSI can be viewed and
actions relate to a proposed highway downloaded from the project Web site at
Individuals who have cause to believe project on State Route 152 near the City http://www.dot.ca.gov/dist4/
that the Office of Civil Rights might of Gilroy in Santa Clara County in the envdocs.htm, or viewed at public
have records pertaining to them should State of California. Those actions grant libraries in the project area. The USFWS
write to the Director, Office of licenses, permits, and approvals for the decision and Biological Opinion are
Information Programs and Services, project. available by contacting USFWS at the
Department of State, SA–2, 515 22nd DATES: By this notice, the FHWA, on address provided above. This notice
Street NW., Washington, DC 20522– behalf of Caltrans, is advising the public applies to all Federal agency decisions
8001. The individual must specify that of final agency actions subject to 23 as of the issuance date of this notice and
he/she wishes the Records Maintained U.S.C. 139(l)(1). A claim seeking all laws under which such actions were
by the Office of Civil Rights to be judicial review of the Federal agency taken, including but not limited to:
checked. At a minimum, the individual actions on the highway project will be 1. Council on Environmental Quality
must include: Name; date and place of barred unless the claim is filed on or Regulations
birth; current mailing address and zip before December 11, 2015. If the Federal 2. National Environmental Policy Act of
code; signature; and the approximate law that authorizes judicial review of a 1969, as amended, 42 U.S.C. 4321 et
date upon which the individual filed a claim provides a time period of less seq.
formal or informal complaint alleging than 150 days for filing such claim, then 3. Federal-Aid Highway Act of 1970, 23
that shorter time period still applies. U.S.C. 109
discrimination or requested other
FOR FURTHER INFORMATION CONTACT: For 4. MAP–21, the Moving Ahead for
services from the Office of Civil Rights.
Caltrans: Eric DeNardo, Associate Progress in the 21st Century Act
RECORD ACCESS AND AMENDMENT PROCEDURES: Environmental Planner, 111 Grand Ave. 5. Clean Air Act Amendments of 1990
MS–8B Oakland, CA 94612, 7:30 a.m.– (CAAA)
Individuals who wish to gain access 5:15 p.m., (510) 286–5645, 6. Clean Water Act of 1977 and 1987
to or amend records pertaining to eric.denardo@dot.ca.gov. For USFWS: 7. Federal Water Pollution Control Act
themselves should write to the Director, Jerry Roe, Caltrans Liaison, U.S. Fish of 1972 (see Clean Water Act of
Office of Information Programs and and Wildlife Service, 28000 Cottage 1977 & 1987)
Services (address above). Way Sacramento, CA 95825, (916) 414– 8. Federal Land Policy and Management
6600, jerry_roe@fws.gov. Act of 1976 (Paleontological
CONTESTING RECORD PROCEDURES: SUPPLEMENTARY INFORMATION: Effective Resources)
(See above). July 1, 2007, the Federal Highway 9. Noise Control Act of 1972
Administration (FHWA) assigned, and 10. Safe Drinking Water Act of 1944, as
RECORD SOURCE CATEGORIES: the California Department of amended
Transportation (Caltrans) assumed, 11. Endangered Species Act of 1973
The individual; supervisors of the environmental responsibilities for this 12. Executive Order 11990, Protection of
individual; EEO counselors; EEO project pursuant to 23 U.S.C. 327. Wetlands
personnel; and other employees or Notice is hereby given that Caltrans, and 13. Executive Order 13112, Invasive
individuals having knowledge of the USFWS have taken final agency actions Species
facts involved in the complaint. subject to 23 U.S.C. 139(l)(1) by issuing 14. Executive Order 13186, Migratory
licenses, permits, and approvals for the Birds
SYSTEM EXEMPTED FROM CERTAIN PROVISION OF State Route (SR) 152 Shoulder Widening 15. Fish and Wildlife Coordination Act
asabaliauskas on DSK5VPTVN1PROD with NOTICES

THE ACT: project in the State of California. The of 1934, as amended
Certain records contained within this project would improve roadway safety 16. Migratory Bird Treaty Act
system of records are exempted from 5 along SR 152 from 0.6 miles west of 17. Water Bank Act Wetlands Mitigation
U.S.C. 552a(k)(5) and (k)(6). See 22 CFR Prunedale Avenue to 0.24 miles east of Banks, ISTEA 1991, Sections 1006–
Prunedale Avenue east of the City of 1007
part 171.
Gilroy, in unincorporated Santa Clara 18. Wildflowers, Surface Transportation
[FR Doc. 2015–17226 Filed 7–13–15; 8:45 am]
County. All shoulders less than 8 feet and Uniform Relocation Act of 1987
BILLING CODE 4710–10–P wide would be widened to standard 8- Section 130

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Document Created: 2018-02-23 09:19:41
Document Modified: 2018-02-23 09:19:41

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of Limitation on Claims for Judicial Review of Actions by the California Department of Transportation (Caltrans), pursuant to 23 U.S.C. 327, and the United States Fish and Wildlife Service (USFWS).
Dates		By this notice, the FHWA, on behalf of Caltrans, is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before December 11, 2015. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such claim, then that shorter time period still applies.
Contact		For Caltrans: Eric DeNardo, Associate Environmental Planner, 111 Grand Ave. MS-8B Oakland, CA 94612, 7:30 a.m.-5:15 p.m., (510) 286-5645, [email protected] For USFWS: Jerry Roe, Caltrans Liaison, U.S. Fish and Wildlife Service, 28000 Cottage Way Sacramento, CA 95825, (916) 414-6600, [email protected]
FR Citation		80 FR 41139

80 FR 41139 - Notice of Final Federal Agency Actions on Proposed Highway in California

DEPARTMENT OF TRANSPORTATIONFederal Highway Administration

Federal Register Volume 80, Issue 134 (July 14, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration