Notice of Final Federal Agency Actions on Proposed Highway in California
| Published date | 28 May 2020 |
| Record Number | 2020-11487 |
| Section | Notices |
| Court | Federal Highway Administration,Transportation Department |
Federal Register, Volume 85 Issue 103 (Thursday, May 28, 2020)
[Federal Register Volume 85, Number 103 (Thursday, May 28, 2020)]
[Notices]
[Pages 32099-32100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11487]
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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), Department of
Transportation (DOT).
ACTION: Notice of Limitation on Claims for Judicial Review of Actions
by the California Department of Transportation (Caltrans).
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SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to
announce actions taken by Caltrans that are final. The actions relate
to a proposed highway project, the State Route 74 Lower Ortega Highway
Widening Project within the City of San Juan Capistrano and
unincorporated Orange County (12-ORA-74 p.m. 1.0/2.1), in the 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 October
26, 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: For Caltrans: Smita Deshpande, Senior
Environmental Planner, Caltrans-District 12, 1750 East Fourth Street,
Suite 100, Santa Ana, California 92705, weekdays 8:00a.m. to 5:00p.m.,
telephone (657) 328-6151, email [email protected]. For FHWA,
contact David Tedrick at (916)
[[Page 32100]]
498-5024 or email [email protected].
SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the FHWA assigned,
and 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 State Route 74 (SR-74) Lower Ortega
Highway Widening Project (FHWA Project No. 1200000051), which would
widen SR-74 from two lanes to four lanes from Calle Entradero (PM 1.0)
to 150 feet (ft) east of the City/County boundary (PM 2.1). The
Proposed Project will provide one additional 12 ft lane in each
direction, and a 12 ft painted median at the western portion within the
project limits. In addition, a paved 5 ft and 8 ft shoulder will be
provided on each side of the roadway to accommodate Class II (striped
on-road) bicycle facilities. The shoulder will be 8 ft wide from
Avenida Siega to the City/County boundary limits to merge with the
completed County portion. The actions by the agencies, and the laws
under which such actions were taken, are described in the Environmental
Assessment (EA) for the project, approved on May 7, 2020, in the
Caltrans Finding of No Significant Impact (FONSI), issued on May 7,
2020 and in other documents in the project record. The EA, FONSI, and
other project records are available by contacting Caltrans at the
addresses provided above. The EA and FONSI can be obtained from any
contact listed 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.
4321-4351]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
2. Air: Clean Air Act [42 U.S.C. 7401-7671q].
3. Land: Section 4(f) of the Department of Transportation Act of
1966 [49 U.S.C. 303; 23 U.S.C. 138]; Landscaping and Scenic Enhancement
(Wildflowers) [23 U.S.C. 319].
4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and
Section 1536]; Marine Mammal Protection Act [16 U.S.C. 1361-1423h];
Fish and Wildlife Coordination Act [16 U.S.C. 661-667d]; Migratory Bird
Treaty Act [16 U.S.C. 703-712].
5. Historic and Cultural Resources: Section 106 of the National
Historic Preservation Act of 1966, as amended [16 U.S.C. 470f];
Archeological Resources Protection Act of 1977 [16 U.S.C. 470aa-470mm];
Archeological and Historic Preservation Act [16 U.S.C. 469-469c];
Native American Grave Protection and Repatriation Act (NAGPRA) [25
U.S.C. 3001-3013].
6. Social and Economic: American Indian Religious Freedom Act [42
U.S.C. 1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-
4209].
7. Wetlands and Water Resources: Clean Water Act (Section 404,
Section 401, Section 319) [33 U.S.C. 1251-1387]; Land and Water
Conservation Fund (LWCF) [16 U.S.C. 4601-4604]; Safe Drinking Water Act
(SDWA) [42 U.S.C. 300f-300j-26)]; Rivers and Harbors Act of 1899 [33
U.S.C. 401-406]; Wild and Scenic Rivers Act [16 U.S.C. 1271-1287];
Emergency Wetlands Resources Act, [16 U.S.C. 3901, 3921]; Wetlands
Mitigation [23 U.S.C. 119(g) and 133(b)(14)]; Flood Disaster Protection
Act, 42 U.S.C. 4012a, 4106].
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.
(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: May 21, 2020.
Rodney Whitfield,
Director, Financial Services, Federal Highway Administration,
California Division.
[FR Doc. 2020-11487 Filed 5-27-20; 8:45 am]
BILLING CODE 4910-RY-P
