[Federal Register Volume 86, Number 53 (Monday, March 22, 2021)]
[Notices]
[Pages 15286-15287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05832]


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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 refinements to the design of Portage Bay 
Bridge, Roanoke Lid, and other components in the Portage Bay to I-5 
area for SR 520, I-5 to Medina construction in the City of Seattle, 
King County, State of Washington that are contained in the NEPA 
Reevaluation signed February 22, 2021 and Revised Section 4(f) 
Evaluation signed February 18, 2021.

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 August 19, 2021. 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: Lindsey Handel, Urban Transportation 
Engineer, Federal Highway Administration, 711 S. Capitol Way, Suite 
501, Olympia, WA 98501-1284, 360-753-9480, or [email protected]; 
or Margaret Kucharski, Megaprograms Environmental Manager, Washington 
State Department of Transportation, 999 3rd Ave, Suite 2200, Seattle, 
WA 98104, 206-770-3500, or [email protected].

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: Portage Bay Bridge to 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 of the Portage Bay 
Bridge, Roanoke Lid, and other components in the Portage Bay to I-5 
area have been refined, including changes to the configuration of and 
connections to Portage Bay Bridge; refinement of the design of the 
Roanoke Lid; and refinements to the regional shared-use path and local 
active transportation connections. The re-evaluation considering these 
refinements was

[[Page 15287]]

prepared in February 2021. It identifies and documents potential 
effects associated with the refinement. The re-evaluation also includes 
a Revised Section 4(f) Evaluation that found there would be de minimis 
impacts on Interlaken Park and the Roanoke Park Historic District and 
that construction-phase effects on Roanoke Park would meet the 
temporary occupancy exception included in 23 CFR 774.13(d). FHWA has 
also determined that the revised project design would cause the least 
harm, it includes all possible planning to minimize harm, and that 
there would be no change to other Section 4(f) findings included in the 
Final EIS and ROD. This notice only applies to the Re-evaluation signed 
February 22, 2021 and the associated Revised Section 4(f) Evaluation 
signed February 18, 2021.
    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://wsdot.wa.gov/Projects/SR520Bridge/Library/Environmental-Documents. 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. 757a-
757g); 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 404, 
Section 401, Section 319) [33 U.S.C. 1251-1377]; Coastal Barrier 
Resources Act [16 U.S.C. 3501-3510]; Coastal Zone Management Act [16 
U.S.C. 1451-1465]; Land and Water Conservation Fund (LWCF) [16 U.S.C. 
4601-4604]; Safe Drinking Water Act (SDWA) [42 U.S.C. 300(f) -
300(j)(6)]; 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. 3921, 3931]; TEA-21 Wetlands Mitigation [23 
U.S.C. 103(b)(6)(M, 133(b)(11)]; Flood Disaster Protection Act [42 
U.S.C. 4001-4128].
    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. Noise: Federal-Aid Highway Act of 1970, Public Law 91-605 [84 
Stat. 1713]; [23 U.S.C. 109(h) & (i)].
    9. 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, (PL 112-141, 126 Stat. 405).

    Issued on: March 16, 2021.
Daniel M. Mathis,
FHWA Division Administrator, Olympia, WA.
[FR Doc. 2021-05832 Filed 3-19-21; 8:45 am]
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