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

Topics:  Interstate Highway System

Daniel M. Mathis
Federal Highway Administration
12 November 2019

[Federal Register Volume 84, Number 218 (Tuesday, November 12, 2019)]
[Notices]
[Pages 61132-61133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24571]


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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. The action relates to the creation of a reversible north-south 
transit and high occupancy vehicle lane connecting Mercer Street and SR 
520 along the I-5 express lanes and other associated design refinements 
associated with SR 520, I-5 to Medina construction 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 April 10, 2020. 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: Susan Wimberly, Field Operations Team 
Leader, Federal Highway Administration, 711 S. Capitol Way, Suite 501, 
Olympia, WA 98501-1284, 360-753-9480, or Washington.FHWA@dot.gov; or 
Margaret Kucharski, Megaprograms Environmental Manager, Washington 
State Department of Transportation, 999 3rd Ave, Suite 2200, Seattle, 
WA 98104, 206-770-3500, or Margaret.Kucharski@wsdot.wa.gov.

[[Page 61133]]


SUPPLEMENTARY INFORMATION: On September 7, 2011, FHWA published a 
``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: I-5 Design Refinements (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 and construction 
approach has been refined such that a reversible north-south transit 
and high occupancy vehicle lane connecting Mercer Street and SR 520 
along the I-5 express lanes would be constructed; and additional design 
changes would be implemented, including stormwater treatment 
improvement, revisions to the heights of proposed retaining walls, and 
replacement of fiber optic cable within the I-5 right-of-way. The re-
evaluation considering these refinements was prepared in October 2019. 
It identifies and documents potential effects associated with the 
refinement. 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: 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: 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).

    Issued on: November 4, 2019.
Daniel M. Mathis,
FHWA Division Administrator, Olympia, WA.
[FR Doc. 2019-24571 Filed 11-8-19; 8:45 am]
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