Notice of Final Federal Agency Actions on Transportation Project in Washington State

Frederick A. Judd IV
Federal Highway Administration
12 December 2016

[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89569-89570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29675]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Transportation Project 
in Washington State

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (DOT).

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA.

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SUMMARY: This notice announces actions taken by the FHWA that are final 
within the meaning of Section 1308 of the Moving Ahead for Progress in 
the 21st Century Act. The action relates to design refinements to West 
Approach Bridge South, the Montlake Lid, and other elements of the 
Montlake Interchange on State Route (SR) 520 in the City of Seattle, 
King County, State of Washington.

DATES: A claim seeking judicial review of the Federal agency actions on 
the listed highway project will be barred unless the claim is filed on 
or before May 11, 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: Anthony Sarhan, Major Project 
Oversight Manager, Federal Highway Administration, 711 S. Capitol Way, 
Suite 501, Olympia, WA 98501-1284, 360-753-9487, or 
anthony.sarhan@dot.gov; or Margaret Kucharski, Mega Projects Compliance 
and Documentation Manager, Washington State Department of 
Transportation, 999 3rd Ave. Suite 2200, Seattle, WA 98104, 206-770-
3500, or Margaret.Kucharski@wsdot.wa.gov.

SUPPLEMENTARY INFORMATION: On September 7, 2011, FHWA published a

[[Page 89570]]

``Notice of Final Federal Agency Actions on Proposed Highway in 
Washington'' in the Federal Register at 76 FR 55459 for the SR 520, I-5 
to Medina: Bridge Replacement and HOV Project. Notice is hereby given 
that, subsequent to the earlier FHWA notice, FHWA has taken final 
agency actions within the meaning of 23 U.S.C. 139(l)(1) by issuing a 
NEPA re-evaluation for the SR 520 SR 520, I-5 to Medina: Bridge 
Replacement and HOV Project: West Approach Bridge South and Montlake 
Lid Design (hereafter ``re-evaluation''). The action(s) by FHWA and the 
laws under which such actions were taken, are described in the re-
evaluation and the associated agency records. That information is 
available by contacting FHWA at the addresses provided above.
    The project proposed to improve safety and mobility for people and 
goods across Lake Washington by replacing the SR 520 Portage Bay and 
Evergreen Point bridges and improve existing roadway between Interstate 
5 (I-5) in Seattle and Evergreen Point Road in Medina spanning 5.2 
miles. The Final Environmental Impact Statement (EIS) for the project 
was published in January 2011 and the Record of Decision (ROD) was 
issued in August 2011.
    Since issuance of the FHWA ROD, the design has been refined for the 
West Approach Bridge South, Montlake Lid, and other project elements in 
the Montlake Interchange Area including changes to the path 
connections, changes to stormwater facilities, and changes to the 
design of the intersection at 24th Avenue East and East Lake Washington 
Boulevard. The re-evaluation considering these refinements was prepared 
in October 2016. It identifies and documents potential effects 
associated with these refinements. This notice only applies to the re-
evaluation.
    Information about the re-evaluation and associated records are 
available from FHWA and WSDOT at the addresses provided above and can 
be found at: https://www.wsdot.wa.gov/Projects/SR520Bridge/Library/I5Medina.htm. This notice applies to all Federal agency decisions 
related to the re-evaluation 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. 
4321-4347]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act, as amended [42 U.S.C. 7401-7671(q)].
    3. Land: Section 6(f) of the Land and Water Conservation Fund Act 
of 1965 [16 U.S.C. 4601]; Section 4(f) of the Department of 
Transportation Act of 1966 [49 U.S.C. 303].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; Section 
7 of the Endangered Species Act [16 U.S.C. 1536]; Anadromous Fish 
Conservation Act [16 U.S.C. 757(a-757(g)); Fish and Wildlife 
Coordination Act [16 U.S.C. 661-667(d)]; Magnuson-Stevens Fishery 
Conservation and Management Act of 1976, as amended [16 U.S.C. 1801 et 
seq.].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq.]; Archaeological and Historic Preservation Act [16 U.S.C. 469-
469(c)]; Native American Grave Protection and Repatriation Act (25 
U.S.C. 3001-3013).
    6. Wetlands and Water Resources: Section 7 of the Endangered 
Species Act [16 U.S.C. 1536]; Clean Water Act, (Section 319 [33 U.S.C. 
329]); Safe Drinking Water Act [42 U.S.C. 300(f)-300(j)(6)].
    7. Navigation: Rivers and Harbors Act of 1899 [33 U.S.C. 403]; 
General Bridge Act of 1946 [33 U.S.C. 9 and 11].
    8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; E.O. 12898 Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations; E.O. 11593 Protection and Enhancement of Cultural 
Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; 
E.O. 13175 Consultation and Coordination with Indian Tribal 
Governments; E.O. 11514 Protection and Enhancement of Environmental 
Quality; E.O. 13112 Invasive Species.

    Authority: 23 U.S.C. 139(l)(1), as amended by Moving Ahead for 
Progress in the 21st Century Act, (Pub. L. 112-141, 126 Stat. 405).

Frederick A. Judd IV,
FHWA Acting Assistant Division Administrator, Olympia, WA.
[FR Doc. 2016-29675 Filed 12-9-16; 8:45 am]
 BILLING CODE 4910-RY-P