Notice of Final Federal Agency Actions on Proposed Highway in California

Shawn Oliver
Federal Highway Administration
January 18, 2011

[Federal Register: January 18, 2011 (Volume 76, Number 11)]
[Notices]               
[Page 2947]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ja11-106]                         

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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 USC 327, the United States Fish and Wildlife Service (USFWS), and 
the United States Army Corps of Engineers (USACOE).

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SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans, that are final within the meaning 
of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway 
project along Interstate 805, San Diego, CA, PM: 23.3-27.7 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 July 18, 
2011. If the Federal law that authorizes judicial review of a claim 
provides a time period of less than 180 days for filing such claim, 
then that shorter time period still applies.

FOR FURTHER INFORMATION CONTACT: Bruce April, Deputy District Director, 
Division of Environmental Analysis, Caltrans, District 11, 4050 Taylor 
Street, San Diego, CA 91942, Office: 619-688-0100, e-mail: 
bruce.april@dot.ca.gov.

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 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 addition of four managed lanes 
(two in each direction) on Interstate 805 (I-805) from State Route 52 
(SR-52) to La Jolla Village Drive. Two high occupancy vehicle (HOV) 
lanes (one in each direction) from La Jolla Village Drive to just north 
of Mira Mesa Boulevard (Blvd). The project would also construct a 
transit station and Direct Access Ramp (DAR) at Nobel Drive, a park-n-
ride at Governor Drive, the south-facing portion of the Carroll Canyon 
DAR, and a direct connector from the SR-52 to the I-805 Managed Lanes.
    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 December 30th, 2010, in the FHWA 
Finding of No Significant Impacts (FONSI) issued on December 30th, 
2010, and in other documents in the FHWA project records. The IS/MND & 
EA/FONSI, and other project records are available by contacting 
Caltrans at the addresses provided above. The Caltrans Final EA and 
FONSI can be viewed and downloaded from the project Web site at http://
www.dot.ca.gov/dist11/. The USFWS decision and permit are available 
within the environmental document at the above Web site as an appendix. 
Pending Federal actions include:
     401 Water Quality Certification from the Regional Water 
Quality Control Board, under Section 401 of the Clean Water Act.
     404 Permit pursuant to the Memorandum of Understanding 
among the FHWA; Caltrans, USACOE, U.S. Fish and Wildlife Service and 
the National Marine Fisheries Service for the National Environmental 
Policy Act and the Clean Water Act Section 404 Integration Process for 
Federal Aid Surface Transportation Projects in California (NEPA/404 
MOU).
    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 Amendments of 1990;
    7. Clean Water Act of 1977 and 1987;
    8. Endangered Species Act of 1973;
    9. Migratory Bird Treaty Act;
    10. Farmland Protection Policy Act of 1981;
    11. Title VI of the Civil Rights Act of 1964;
    12. Uniform Relocation Assistance and Real Property Acquisition Act 
of 1970;
    13. National Historic Preservation Act of 1966;
    14. Historic Sites Act of 1935;
    15. Executive Order 11990, Protection of Wetlands;
    16. Executive Order 13112, Invasive Species;
    17. Executive Order 11988, Floodplain Management; and,
    18. 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).

    Issued on: January 11, 2011.
Shawn Oliver,
South Team Leader, State Programs, Federal Highway Administration, 
Sacramento, California.
[FR Doc. 2011-870 Filed 1-14-11; 8:45 am]
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