Notice2025-04840
Notice of Final Federal Agency Actions on Transportation Project in Washington State
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 21, 2025
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
This notice announces actions taken by FHWA that are final. The action relates to the approval of the categorical exclusion for the SR 509/Clear Creek Restoration Project in Pierce County, State of Washington. Those actions grant licenses, permits, and approvals for the project.
Full Text
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<title>Federal Register, Volume 90 Issue 54 (Friday, March 21, 2025)</title>
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[Federal Register Volume 90, Number 54 (Friday, March 21, 2025)]
[Notices]
[Pages 13399-13400]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04840]
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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 FHWA that are final.
The action relates to the approval of the categorical exclusion for the
SR 509/Clear Creek Restoration Project in Pierce County, State of
Washington. Those actions grant licenses, permits, and approvals for
the project.
DATES: By this notice, FHWA 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 listed highway project will be
barred unless the claim is filed on or before August 18, 2025. 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 FHWA, contact William Witucki,
Senior Urban Area Engineer, Washington Division, Federal Highway
Administration, 711 Capitol Way S, Suite 501, Olympia, WA 98501-1284,
360-753-9411, or <a href="/cdn-cgi/l/email-protection#74031d18181d15195a031d0001171f1d34101b005a131b02"><span class="__cf_email__" data-cfemail="f5829c99999c9498db829c8180969e9cb5919a81db929a83">[email protected]</span></a>. Regular office hours are from
8 a.m. to 4:30 p.m., Monday through Friday, except Federal holidays, or
Margaret Kucharski, Megaprograms Environmental Manager, Environmental
Services Office, Washington State Department of Transportation, 999 3rd
Ave., Suite 2300, Seattle, WA 98104, 206-498-0508, or
<a href="/cdn-cgi/l/email-protection#3c715d4e5b5d4e59481277495f545d4e4f57557c4b4f585348124b5d125b534a"><span class="__cf_email__" data-cfemail="f8b5998a9f998a9d8cd6b38d9b90998a8b9391b88f8b9c978cd68f99d69f978e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has
taken final agency actions within the meaning of 23 U.S.C. 139(l)(1) by
issuing licenses, permits, and approvals for the following project in
the State of Washington: The SR 509/Clear Creek Restoration Project
(Project) will remove two fish passage barriers (WDFW IDs 600317 and
600318) and other infrastructure related to an existing commercial fish
hatchery and restore natural stream processes at the Project site. The
two existing fish passage barriers (dams) prevent anadromous fish from
migrating upstream and divert stream flow, preventing sediment
transport downstream.
Restoring Clear Creek to natural stream processes will provide
immediate benefits to fish and aquatic wildlife by: removing two fish
passage barriers (WDFW IDs 600317 and 600318); opening over 2 miles of
spawning habitat that is currently inaccessible to anadromous fish
including Federally protected Puget Sound Chinook Salmon; restoring
stream processes including floodplain connectivity, sediment
continuity, and flood conveyance; eliminating surface water withdrawals
and improving water quality and quantity; improving spawning and
rearing habitat and habitat complexity.
The actions by the agencies, and the laws under which such actions
were taken, are described in the project's FHWA Categorical Exclusion
issued on June 21, 2024, and in other documents in the project records.
This Statute of Limitations notice applies only to decisions within the
Categorical Exclusion dated June 21, 2024.
The Categorical Exclusion and other project records are available
by contacting FHWA and WSDOT at the address provided above. The
Categorical Exclusion can be viewed and downloaded from the project
website found on the ``Environment'' tab of the Puget Sound Gateway
Program website at: <a href="https://wsdot.wa.gov/construction-planning/major-projects/puget-sound-gateway-program">https://wsdot.wa.gov/construction-planning/major-projects/puget-sound-gateway-program</a>, or 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 6(f) of the Land and Water Conservation Fund
Program (16 U.S.C. 460-4 to 460-11) Section 4(f) of the Department of
Transportation Act of 1966 (49 U.S.C. 303; 23 U.S.C. 138);
4. Wildlife: Endangered Species Act (16 U.S.C. 1531-1544 and
Section 1536); 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).
7. Wetlands and Water Resources: Land and Water Conservation Fund
(LWCF) (16 U.S.C. 4601-4604); Safe Drinking Water Act (SDWA) (42 U.S.C.
300f-300j-26)); ; 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. Noise: Federal-Aid Highway Act of 1970, Public Law 91-605 [84
Stat. 1713]; [23 U.S.C. 109(h) & (i)].
9. Navigation: Rivers and Harbos Act of 1899 (33 U.S.C. 403);
10. Hazardous Materials: Resource Conservation and Recovery Act of
1976 (42 U.S.C. 6901 et seq.)
11. 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.
[[Page 13400]]
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. (Environmental
documentation was completed on June 21, 2024 and followed Executive
Order 12898, which has since been rescinded.)
(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), as amended by Moving Ahead for
Progress in the 21st Century Act, (Pub. L. 112-141, 126 Stat. 405).
Ralph J. Rizzo,
FHWA Division Administrator, Olympia, WA.
[FR Doc. 2025-04840 Filed 3-20-25; 8:45 am]
BILLING CODE 4910-RY-P
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</html>Indexed from Federal Register on March 21, 2025.
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