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Notice of Final Federal Agency Actions on Proposed Highway in California

American Government Special Collections Reference Desk

American Government Topics:  Interstate Highway System

Notice of Final Federal Agency Actions on Proposed Highway in California

Tashia J. Clemons
Federal Highway Administration
14 September 2017

[Federal Register Volume 82, Number 177 (Thursday, September 14, 2017)]
[Pages 43282-43283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19517]



Federal Highway Administration

Notice of Final Federal Agency Actions on Proposed Highway in 

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, U.S. Environmental Protection Agency (USEPA), and U.S. 
Fish and Wildlife Service (FWS).


SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans, U.S. Environmental Protection 
Agency (USEPA), and U.S. Fish and Wildlife Service (FWS) that are 
final. The actions relate to a proposed highway project on the 
Interstate 5 (I-5) and State Route 56 (SR 56) from postmile (PM) I-5: 
R32.7 to R34.8 and SR 56: 0.00 to 2.5 in the County of San Diego, 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 
12, 2018. 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: Mr. Bruce April, Deputy 
District Director, Division of Environmental Analysis, California 
Department of Transportation, 4050 Taylor Street, MS 242, San Diego, CA 
92110, Regular Office Hours: 8:00 a.m. to 5:00 p.m., Telephone number 
(619) 688-0100, email Bruce.April@dot.ca.gov. For FHWA: Ms. Lismary 
Gavill[aacute]n, Senior Transportation Engineer, 888 S. Figueroa, Ste 
750, Los Angeles, CA 90017 Regular Office Hours: 6:00 a.m. to 4:00 
p.m., Telephone number (213) 894-6697, email Lismary.Gavillan@dot.gov. 
For the U.S. Fish and Wildlife Service, Ms. Sally Brown, Caltrans 
Liaison, 2177 Salk Avenue, Ste 250, Suite 101, Carlsbad, CA 92011, 
Regular Office Hours 8:00 a.m. to 5:00 p.m., Telephone number (760) 
431-9440, email Sally_Brown@fws.gov, the Biological Opinion was 
received on December 12, 2012.

SUPPLEMENTARY INFORMATION: FHWA's responsibility for environmental 
review, consultation, and any other action required in accordance with 
applicable federal laws for this project is being, or was, carried out 
by Caltrans under its assumption of responsibility pursuant to Fixing 
America's Surface Transportation (FAST) Act amended 23 U.S.C. 327. 
Under NEPA Assignment, FHWA assigned and Caltrans assumed all of the 
USDOT Secretary's responsibilities under NEPA. FHWA and Caltrans 
executed NEPA Assignment MOU dated December 23, 2016 that identifies 
FHWA's and Caltrans' roles and responsibilities, describes NEPA 
Assignment requirements, and officially extends Caltrans' use of the 23 

[[Page 43283]]

327. Notice is hereby given that the Caltrans, U.S. Environmental 
Protection Agency (USEPA), and U.S. Fish and Wildlife Service (FWS) has 
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 is located in San Diego County at 
the I-5/SR 56 Interchange near Carmel Valley Road in San Diego from 
postmile (PM) I-5: R32.7 to R34.8 and SR 56: 0.00 to 2.5. The proposed 
project includes improvements to maintain or improve the existing and 
future traffic operations on the I-5 and SR 56 corridors. The preferred 
alternative consists adding the two missing connectors (I-5 Southbound 
to SR 56 Eastbound and SR 56 Westbound to I-5 Northbound). The Del Mar 
Heights Overcrossing will be replaced with pedestrian enhancements and 
improved lighting. The Carmel Valley Road will be widened from three to 
four lanes by the I-5 off-ramp and will be widened from six lanes to 
eight lanes from I-5 and El Camino Real. Relocation of the AT&T-owned 
transcontinental fiber-optic line that currently parallels I-5 between 
Carmel Valley Road and Del Mar Heights Road to within High Bluff Drive 
and El Camino Real. In addition the project includes: Auxiliary lanes; 
sound walls; retaining walls, barriers, guard rails/end treatments, 
crash cushions, bridge rails, drainage improvements, detention basins, 
replacement of existing fences, potential installation of fencing for 
right-of-way, visual and community enhancements; ramp improvements; and 
appurtenant structures including signage. The actions by the Federal 
agencies, and the laws under which such actions were taken, are 
described in the Final Environmental Statement (FEIS) for the project, 
approved on June 26, 2017, in the Record of Decision (ROD) issued on 
August 13, 2017, and in other documents in the FHWA project records. 
The FEIS, ROD, and other project records are available by contacting 
Caltrans at the addresses provided above.
    The Caltrans Final FEIS and ROD can be viewed and downloaded from 
the project Web site at http://www.dot.ca.gov/d11/environmental/. 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 (NEPA);
    3. Safe, Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users (SAFETEA-LU);
    4. Department of Transportation Act of 1966;
    5. Federal Aid Highway Act of 1970;
    6. Clean Air Act (CAA) Amendments of 1990;
    7. Clean Water Act (CWA) of 1977 and 1987;
    8. Federal Water Pollution Control Act of 1972;
    9. Endangered Species Act of 1973;
    10. Migratory Bird Treaty Act;
    11. Farmland Protection Policy Act of 1981;
    12. Title VI of the Civil Rights Act of 1964;
    13. Uniform Relocation Assistance and Real Property Acquisition Act 
of 1970;
    14. National Historic Preservation Act (NHPA) of 1966;
    15. Historic Sites Act of 1935;
    16. Resource Conservation and Recovery Act of 1976;
    17. Community Environmental Response Facilitation Act (CERFA) of 
    18. Executive Order 11990, Protection of Wetlands;
    19. Executive Order 13112, Invasive Species;
    20. Executive Order 11988, Floodplain Management; and,
    21. Executive Order 12898, Environmental Justice.

(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).

Tashia J. Clemons,
Director of Project Development, Federal Highway Administration, 
Sacramento, California.
[FR Doc. 2017-19517 Filed 9-13-17; 8:45 am]

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