81_FR_62416 81 FR 62242 - Notice of Final Federal Agency Actions on Proposed Highway in California

81 FR 62242 - Notice of Final Federal Agency Actions on Proposed Highway in California

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 81, Issue 174 (September 8, 2016)

Page Range62242-62243
FR Document2016-21601

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans, NMFS, and USFWS that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed Local Agency (off-highway) project funded under the Highway Bridge Program (HBP), that proposes a bridge replacement located along Davis Road between Blanco Road to Reservation Road, in the County of Monterey, State of California. Those actions grant licenses, permits, and approvals for the project.

Federal Register, Volume 81 Issue 174 (Thursday, September 8, 2016) 
[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Notices]
[Pages 62242-62243]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21601]


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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), National 
Marine Fisheries Service (NMFS), and United States Fish and Wildlife 
Service (USFWS), pursuant to 23 U.S.C. 327.

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SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans, NMFS, and USFWS that are final 
within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a 
proposed Local Agency (off-highway) project funded under the Highway 
Bridge Program (HBP), that proposes a bridge replacement located along 
Davis Road between Blanco Road to Reservation Road, in the County of 
Monterey, 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 February 
6, 2017. 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: Randell LaVack; 
Environmental Branch Chief; Caltrans District #5; 50 Higuera Street; 
San Luis Obispo, CA 93401; 8 a.m.-5 p.m.; (805) 549- 3182; 
[email protected].
    For NMFS: William W. Steele, Jr.; Regional Administrator; National 
Oceanic and Atmospheric Administration-West Coast Region; 777 Sonoma 
Avenue, Room 325; Santa Rosa, CA 95404; 8 a.m.-5 p.m.; (707) 575-6066; 
[email protected].
    For USFWS: Mark Ogonowski; Biologist; Ventura Fish and Wildlife 
Service Office; 2493 Portola Road, Suite B, Ventura CA, 93003; 8 a.m.-5 
p.m.; (805) 644-1766; [email protected].

SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the FHWA assigned, 
and the Caltrans assumed, environmental responsibilities for this 
project pursuant to 23 U.S.C. 327. Notice is hereby given that the 
Caltrans, NMFS and USFWS have taken final agency actions subject to 23 
U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the 
following highway project in the State of California: The Project 
proposes replacing the existing two-lane, low-level Davis Road Bridge 
(#44C-0068) over the Salinas River with a longer bridge that meets 
current standards. The existing bridge is located approximately 2 miles 
south of the City of Salinas in Monterey County. In addition, the 
project will widen Davis Road from two lanes to four lanes for a 
distance of approximately 2.1 miles. Federal Project Number BRLS-5944 
(068).
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Final Environmental Assessment 
(EA) for the project, approved on August 1, 2016, in the Caltrans' 
Finding of No Significant Impact (FONSI) issued on June 22, 2016,

[[Page 62243]]

and in other documents in the FHWA project records. The EA, FONSI, and 
other project records are available by contacting Caltrans at the 
address provided above. The Caltrans EA and FONSI can be viewed and 
downloaded from the project Web site at https://www.co.monterey.ca.us/government/departments-i-z/resource-management-agency-rma-/public-works/project-announcements-notices or viewed at public libraries in 
the project area.
    The NMFS concurs that the proposed action is not likely to 
adversely affect Steelhead or critical habitat; permit # WCR-2016-4333 
is available by contacting NMFS at the address provided above.
    The USFWS, concurred that the proposed Project may affect, but is 
not likely to adversely affect, the California tiger salamander and 
concurred the use of the Caltrans Programmatic Biological Opinion for 
California Red-Legged Frog; permit #08EVEN00-2016-F-0255 is 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. General: National Environmental Policy Act (NEPA) [42 U.S.C. 
4321-4335].
    2. Air: Clean Air Act [23 U.S.C. 109 (j) and 42 U.S.C. 7521(a)].
    3. Historic and Cultural Resources: National Historic Preservation 
Act of 1966, as amended (NHPA), [16 U.S.C. 470(f) et seq.]; 
Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)-
470(11)]; Archeological and Historic Preservation Act [16 U.S.C. 469-
469(c)]; Native American Grave Protection and Repatriation Act (NAGPRA) 
[25 U.S.C. 3001-3013].
    4. Wildlife: Federal Endangered Species Act [16 U.S.C. 1531-1543]; 
Fish and Wildlife Coordination Act [16 U.S.C. 661-666(C); Migratory 
Bird Treaty Act [16 U.S.C. 760c-760g].
    5. Social and Economic: NEPA implementation [23 U.S.C. 109(h)]; 
Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)].
    6. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1344].
    7. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 13112 
Invasive Species; E.O. 11988 Floodplain Management; E.O. 12898 Federal 
actions to address Environmental Justice in Minority Populations and 
Low Income Populations.

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

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

    Issued on: August 31, 2016.
Cesar Perez,
Acting North Team Leader, Project Delivery, Federal Highway 
Administration, Sacramento, California.
[FR Doc. 2016-21601 Filed 9-7-16; 8:45 am]
 BILLING CODE 4910-RY-P

62242 Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Notices B, Ventura, CA 93003; 8 a.m.–5 p.m.; 3. Historic and Cultural Resources: under the Highway Bridge Program (805) 644–1766; mark_ogonowski@ National Historic Preservation Act of (HBP), that proposes a bridge fws.gov. 1966, as amended (NHPA), [16 U.S.C. replacement located along Davis Road SUPPLEMENTARY INFORMATION: Effective 470(f) et seq.]; Archeological Resources between Blanco Road to Reservation July 1, 2007, the FHWA assigned, and Protection Act of 1977 [16 U.S.C. Road, in the County of Monterey, State the Caltrans assumed, environmental 470(aa)–470(11)]; Archeological and of California. Those actions grant responsibilities for this project pursuant Historic Preservation Act [16 U.S.C. licenses, permits, and approvals for the to 23 U.S.C. 327. Notice is hereby given 469–469(c)]; Native American Grave project. that the Caltrans, NMFS and USFWS Protection and Repatriation Act DATES: By this notice, the FHWA, on have taken final agency actions subject (NAGPRA) [25 U.S.C. 3001–3013]. behalf of Caltrans, is advising the public to 23 U.S.C. 139(l)(1) by issuing 4. Wildlife: Federal Endangered of final agency actions subject to 23 licenses, permits, and approvals for the Species Act [16 U.S.C. 1531–1543]; Fish U.S.C. 139(l)(1). A claim seeking following highway project in the State and Wildlife Coordination Act [16 judicial review of the Federal agency of California: The Project proposes U.S.C. 661–666(C); Migratory Bird actions on the highway project will be replacing the existing two-lane, low- Treaty Act [16 U.S.C. 760c–760g]. barred unless the claim is filed on or level Davis Road Bridge (#44C–0068) 5. Social and Economic: NEPA before February 6, 2017. If the Federal over the Salinas River with a longer implementation [23 U.S.C. 109(h)]; Civil law that authorizes judicial review of a bridge that meets current standards. The Rights Act of 1964 [42 U.S.C. 2000(d)– claim provides a time period of less existing bridge is located approximately 2000(d)(1)]. than 150 days for filing such claim, then 6. Wetlands and Water Resources: that shorter time period still applies. 2 miles south of the City of Salinas in Clean Water Act [33 U.S.C. 1344]. FOR FURTHER INFORMATION CONTACT: For Monterey County. In addition, the 7. Executive Orders: E.O. 11990 Caltrans: Randell LaVack; project will widen Davis Road from two Protection of Wetlands; E.O. 13112 Environmental Branch Chief; Caltrans lanes to four lanes for a distance of Invasive Species; E.O. 11988 Floodplain District #5; 50 Higuera Street; San Luis approximately 2.1 miles. Federal Project Management; E.O. 12898 Federal Obispo, CA 93401; 8 a.m.–5 p.m.; (805) Number BRLS–5944 (068). actions to address Environmental Justice 549– 3182; Randy.lavack@dot.ca.gov. The actions by the Federal agencies, in Minority Populations and Low For NMFS: William W. Steele, Jr.; and the laws under which such actions Income Populations. Regional Administrator; National were taken, are described in the Final Environmental Assessment (EA) for the (Catalog of Federal Domestic Assistance Oceanic and Atmospheric project, approved on August 1, 2016, in Program Number 20.205, Highway Planning Administration-West Coast Region; 777 the Caltrans’ Finding of No Significant and Construction. The regulations Sonoma Avenue, Room 325; Santa Rosa, implementing Executive Order 12372 CA 95404; 8 a.m.–5 p.m.; (707) 575– Impact (FONSI) issued on June 22, 2016, regarding intergovernmental consultation on and in other documents in the FHWA 6066; Will.Steele@noaa.gov. Federal programs and activities apply to this For USFWS: Mark Ogonowski; project records. The EA, FONSI, and program.) other project records are available by Biologist; Ventura Fish and Wildlife Authority: 23 U.S.C. 139(l)(1). Service Office; 2493 Portola Road, Suite contacting Caltrans at the address provided above. The Caltrans EA and Issued on: August 31, 2016. B, Ventura CA, 93003; 8 a.m.–5 p.m.; FONSI can be viewed and downloaded Cesar Perez, (805) 644–1766; mark_ogonowski@ from the project Web site at https:// Acting North Team Leader, Project Delivery, fws.gov. www.co.monterey.ca.us/government/ Federal Highway Administration, SUPPLEMENTARY INFORMATION: Effective departments-i-z/resource-management- Sacramento, California. July 1, 2007, the FHWA assigned, and agency-rma-/public-works/project- [FR Doc. 2016–21600 Filed 9–7–16; 8:45 am] the Caltrans assumed, environmental announcements-notices or viewed at BILLING CODE 4910–22–P responsibilities for this project pursuant public libraries in the project area. to 23 U.S.C. 327. Notice is hereby given The NMFS concurs that the proposed that the Caltrans, NMFS and USFWS action is not likely to adversely affect DEPARTMENT OF TRANSPORTATION have taken final agency actions subject Steelhead or critical habitat; permit to 23 U.S.C. 139(l)(1) by issuing #WCR–2016–4333 is available by Federal Highway Administration licenses, permits, and approvals for the contacting NMFS at the address following highway project in the State Notice of Final Federal Agency Actions provided above. of California: The Project proposes on Proposed Highway in California The USFWS, concurred that the replacing the existing two-lane, low- proposed Project may affect, but is not AGENCY: Federal Highway level Davis Road Bridge (#44C–0068) likely to adversely affect, the California Administration (FHWA), DOT over the Salinas River with a longer tiger salamander and concurred the use ACTION: Notice of Limitation on Claims bridge that meets current standards. The of the Caltrans Programmatic Biological for Judicial Review of Actions by the existing bridge is located approximately Opinion for California Red-Legged Frog; California Department of Transportation 2 miles south of the City of Salinas in permit #08EVEN00–2016–F–0255 is (Caltrans), National Marine Fisheries Monterey County. In addition, the available by contacting USFWS at the Service (NMFS), and United States Fish project will widen Davis Road from two address provided above. This notice and Wildlife Service (USFWS), pursuant lanes to four lanes for a distance of applies to all Federal agency decisions to 23 U.S.C. 327. approximately 2.1 miles. Federal Project as of the issuance date of this notice and Number BRLS–5944 (068). mstockstill on DSK3G9T082PROD with NOTICES all laws under which such actions were SUMMARY: The FHWA, on behalf of The actions by the Federal agencies, taken, including but not limited to: Caltrans, is issuing this notice to and the laws under which such actions 1. General: National Environmental announce actions taken by Caltrans, were taken, are described in the Final Policy Act (NEPA) [42 U.S.C. 4321– NMFS, and USFWS that are final within Environmental Assessment (EA) for the 4335]. the meaning of 23 U.S.C. 139(l)(1). The project, approved on August 1, 2016, in 2. Air: Clean Air Act [23 U.S.C.109 (j) actions relate to a proposed Local the Caltrans’ Finding of No Significant and 42 U.S.C. 7521(a)]. Agency (off-highway) project funded Impact (FONSI) issued on June 22, 2016, VerDate Sep<11>2014 19:34 Sep 07, 2016 Jkt 238001 PO 00000 Frm 00171 Fmt 4703 Sfmt 4703 E:\FR\FM\08SEN1.SGM 08SEN1

Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Notices 62243 and in other documents in the FHWA Federal programs and activities apply to this environmental responsibilities for this project records. The EA, FONSI, and program.) project pursuant to 23 U.S.C. 327. other project records are available by Authority: 23 U.S.C. 139(l)(1). Notice is hereby given that Caltrans, has contacting Caltrans at the address Issued on: August 31, 2016. taken final agency actions subject to 23 provided above. The Caltrans EA and Cesar Perez, U.S.C. 139(l)(1) by issuing licenses, FONSI can be viewed and downloaded permits, and approvals for the following Acting North Team Leader, Project Delivery, from the project Web site at https:// Federal Highway Administration, highway project in the State of www.co.monterey.ca.us/government/ Sacramento, California. California: State Route 1 (SR 1) Gleason departments-i-z/resource-management- [FR Doc. 2016–21601 Filed 9–7–16; 8:45 am] Beach Roadway Realignment Project: agency-rma-/public-works/project- Caltrans proposes to realign SR 1 at BILLING CODE 4910–RY–P announcements-notices or viewed at Gleason Beach in Sonoma County to public libraries in the project area. maintain SR 1, which has been damaged The NMFS concurs that the proposed DEPARTMENT OF TRANSPORTATION by multiple erosive forces including action is not likely to adversely affect severe storms in 1996 and later years. Steelhead or critical habitat; permit # Federal Highway Administration The project would construct a two-lane WCR–2016–4333 is available by roadway and a bridge spanning Scotty contacting NMFS at the address Notice of Final Federal Agency Actions Creek along a new alignment eastward provided above. on Proposed Highway in California and inland of the current alignment The USFWS, concurred that the AGENCY: Federal Highway between post miles (PMs) 15.1 and 15.7 proposed Project may affect, but is not Administration (FHWA), DOT. of SR 1 in Sonoma County, CA. The likely to adversely affect, the California tiger salamander and concurred the use ACTION: Notice of Limitation on Claims purpose of this project is to protect SR of the Caltrans Programmatic Biological for Judicial Review of Actions by the 1 from coastal erosion while Opinion for California Red-Legged Frog; California Department of Transportation maintaining SR 1’s long-term regional permit #08EVEN00–2016–F–0255 is (Caltrans), pursuant to 23 U.S.C. 327, and local connectivity for the available by contacting USFWS at the and other Federal agencies: The U.S. surrounding communities. The address provided above. This notice Army Corps of Engineers, U.S. Fish and environmental effects of the Gleason applies to all Federal agency decisions Wildlife Service, and National Marine Beach Project are evaluated and Fisheries Service. described in the Final Environmental as of the issuance date of this notice and all laws under which such actions were Impact Report (EIR)/Environmental SUMMARY: The FHWA, on behalf of taken, including but not limited to: Caltrans, is issuing this notice to Assessment (EA), a joint document 1. General: National Environmental announce actions taken by Caltrans, that pursuant to the California Policy Act (NEPA) [42 U.S.C. 4321– are final within the meaning of 23 Environmental Quality Act and the 4335]. U.S.C. 139(l)(1). The actions relate to a National Environmental Policy Act. Key 2. Air: Clean Air Act [23 U.S.C. 109 proposed highway project, State Route 1 issues identified in the Final EIR/EA (j) and 42 U.S.C. 7521(a)]. Gleason Beach Roadway Realignment include impacts to biological resources, 3. Historic and Cultural Resources: Project, District 04–SON–1 p.m. 15.1/ aquatic (wetland) resources, water National Historic Preservation Act of 15.7 located between Bodega Bay and quality and storm water runoff, geology/ 1966, as amended (NHPA), [16 U.S.C. Jenner in the County of Sonoma, State seismicity, paleontology, cultural 470(f) et seq.]; Archeological Resources of California. Those actions grant resources, visual/aesthetics, residential Protection Act of 1977 [16 U.S.C. licenses, permits, and approvals for the acquisition, and temporary construction 470(aa)–470(11)]; Archeological and project. effects. Measures to avoid, minimize, Historic Preservation Act [16 U.S.C. DATES: By this notice, the FHWA, on and mitigate adverse environmental 469–469(c)]; Native American Grave behalf of Caltrans, is advising the public effects are included in the Protection and Repatriation Act of final agency actions subject to 23 Environmental Commitments Record in (NAGPRA) [25 U.S.C. 3001–3013]. U.S.C. 139(l)(1). A claim seeking the Final EIR/EA. The Final EIR/EA 4. Wildlife: Federal Endangered identified Alternative 19A as the judicial review of the Federal agency Species Act [16 U.S.C. 1531–1543]; Fish actions on the highway project will be preferred alternative and Caltrans has and Wildlife Coordination Act [16 barred unless the claim is filed on or determined that Alternative 19A will U.S.C. 661–666(C); Migratory Bird before February 6, 2017. If the Federal have no significant impacts on the Treaty Act [16 U.S.C. 760c–760g]. law that authorizes judicial review of a human environment. The actions by the 5. Social and Economic: NEPA claim provides a time period of less Federal agencies, and the laws under implementation [23 U.S.C. 109(h)]; Civil than 150 days for filing such claim, then which such actions were taken, are Rights Act of 1964 [42 U.S.C. 2000(d)– that shorter time period still applies. described in the Final EIR/EA for the 2000(d)(1)]. 6. Wetlands and Water Resources: FOR FURTHER INFORMATION CONTACT: project, approved on June 30, 2016, and Clean Water Act [33 U.S.C. 1344]. California Department of in the Caltrans Finding of No Significant 7. Executive Orders: E.O. 11990 Transportation, Attn: Wahida Rashid, Impact (FONSI) also issued on June 30, Protection of Wetlands; E.O. 13112 Environmental Branch Chief, Office of 2016, and in other documents in the Invasive Species; E.O. 11988 Floodplain Environmental Analysis, MS–8B, 111 Caltrans project records. The Final EIR/ Management; E.O. 12898 Federal Grand Avenue, Oakland, CA 94612, EA, FONSI, and other project records (510) 286–5935, wahida.rashid@ are available by contacting Caltrans at mstockstill on DSK3G9T082PROD with NOTICES actions to address Environmental Justice in Minority Populations and Low dot.ca.gov, Normal Office Hours: 9–5, the address provided above. The Income Populations. M–F. Caltrans FEIR/EA and FONSI can be SUPPLEMENTARY INFORMATION: Effective viewed and downloaded from the (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning July 1, 2007, the Federal Highway project Web site at http:// and Construction. The regulations Administration (FHWA) assigned, and www.dot.ca.gov/dist4/envdocs.html, or implementing Executive Order 12372 the California Department of viewed at public libraries in the project regarding intergovernmental consultation on Transportation (Caltrans) assumed, area (Sonoma County). VerDate Sep<11>2014 19:34 Sep 07, 2016 Jkt 238001 PO 00000 Frm 00172 Fmt 4703 Sfmt 4703 E:\FR\FM\08SEN1.SGM 08SEN1


Document Created: 2018-02-09 13:12:42
Document Modified: 2018-02-09 13:12:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Limitation on Claims for Judicial Review of Actions by the California Department of Transportation (Caltrans), National Marine Fisheries Service (NMFS), and United States Fish and Wildlife Service (USFWS), pursuant to 23 U.S.C. 327.
DatesBy 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 February 6, 2017. 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.
ContactFor Caltrans: Randell LaVack; Environmental Branch Chief; Caltrans District #5; 50 Higuera Street; San Luis Obispo, CA 93401; 8 a.m.-5 p.m.; (805) 549- 3182; [email protected]
FR Citation81 FR 62242 
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