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Environmental Impact Statement for the California High-Speed Train Project from Merced to Fresno, CA

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[Federal Register: October 1, 2009 (Volume 74, Number 189)]
[Notices]
[Page 50868-50871]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc09-136]

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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Environmental Impact Statement for the California High-Speed
Train Project from Merced to Fresno, CA

AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT).
ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The FRA issued a Notice of Intent on March 13, 2009 for the
preparation of an Environmental Impact Statement (EIS) and
Environmental Impact Report (EIR) with the California High-Speed Rail
Authority (Authority) for the Merced to Bakersfield section of the
Authority's proposed California High-Speed Train (HST) System in
compliance with relevant state and federal laws, in particular the
National Environmental Policy Act (NEPA) and the California
Environmental Quality Act (CEQA). In that Notice, alternatives
involving the alignments and stations located between Merced and
Bakersfield were identified. This notice amends the project
environmental process for the Merced to Bakersfield section and
announces the preparation of two separate EIR/EISs.
    FRA and the Authority have determined that the environmental
effects of the HST System from Merced to Bakersfield are more
appropriately assessed in two separate documents; one for Merced to
Fresno and another for Fresno to Bakersfield. This Notice amends the
environmental process started on March 13, 2009 to instead a Project
EIR/EIS for the Merced to Fresno section of the HST System. The
decision to complete two separate EIR/EISs was made because the project
sections are of sufficient length, with logical termini allowing for an
analysis of environmental matters on a broad scope to ensure that the
project will function properly without requiring additional
improvements elsewhere; and the assessment of HST alternatives in the
Merced to Fresno section will not restrict consideration of
alternatives for other transportation improvements.
    In 2001, the Authority and FRA started a tiered environmental
review process for the HST System and in 2005, completed the first tier
California High Speed Train Program EIR/EIS (Statewide Program EIR/EIS)
and approved the statewide HST System for intercity travel in
California between the major metropolitan centers of Sacramento and the
San Francisco Bay Area in the north, through the Central

[[Page 50869]]

Valley, to Los Angeles and San Diego in the south. The approved HST
System would be about 800-miles long, with electric propulsion and
steel-wheel-on-steel-rail trains capable of operating speeds of 220
miles per hour (mph) on a dedicated system of fully grade-separated,
access-controlled steel tracks with state-of-the-art safety, signaling,
communication, and automated train control systems. In approving the
HST System, the Authority and FRA also selected corridors/general
alignments and station location options throughout most of the system.
The Statewide Program EIR/EIS generally selected the Burlington
Northern Santa Fe Railroad (BNSF) corridor for the high-speed train
route from Merced to Fresno with stations at Merced and in Fresno.
    In 2008, the Authority and FRA completed a second program EIR/EIS
to evaluate and select general alignments and station locations within
the broad corridor between, and including, the Altamont Pass and the
Pacheco Pass to connect the Bay Area and Central Valley portions of the
HST System. The Authority and FRA selected the Pacheco Pass with San
Francisco and San Jose termini network alternative, as well as
preferred corridor alignments and station location options. The Union
Pacific Railroad Company (UPRR) corridor was selected as the preferred
alignment through the portion of the Central Valley from south of
Stockton to north of Madera and the BNSF railroad corridor from Madera
to Fresno was selected by the Statewide Program EIR/EIS.
    The preparation of the Merced to Fresno HST Project EIR/EIS will
involve the development of preliminary engineering designs and the
assessment of potential environmental effects associated with the
construction, operation, and maintenance of the HST System, including
track, ancillary facilities and stations, along the preferred
alternative corridors from Merced to Fresno. The Merced to Fresno HST
Project also includes the connection from the San Jose to Merced HST Project.

DATES: FRA and the Authority invite the general public, other
government agencies, and all other interested parties to comment on the
amended scope and content of the Merced to Fresno HST Project EIR/EIS.
FRA and the Authority are soliciting additional oral and written
comments, suggestions, requests for information, and requests for
public meetings no later than October 30, 2009. These comments will
receive equal consideration as comments presented during the March 2009
scoping period for the former Merced to Bakersfield HST Project EIR/EIS.

ADDRESSES: Written comments on the scope should be sent to Ms. Carrie
Bowen, Regional Director, ATTN. Merced to Fresno, California High-Speed
Rail Authority, 925 L Street, Suite 1425, Sacramento, CA 95814, or via
e-mail with subject line ``Merced to Fresno HST'' to:
comments@hsr.ca.gov. Comments may also be provided orally at the same
address.

FOR FURTHER INFORMATION CONTACT: Mr. David Valenstein, Environmental
Program Manager, Office of Railroad Development, Federal Railroad
Administration, 1200 New Jersey Avenue, SE (Mail Stop 20), Washington,
DC 20590 (telephone: 202-493-6368); or Ms. Carrie Bowen, Regional
Director, ATTN. Merced to Fresno, California High-Speed Rail Authority,
925 L Street, Suite 1425, Sacramento, CA 95814 (telephone: 559-221-2636).

SUPPLEMENTARY INFORMATION: The Authority was established in 1996 and is
authorized and directed by statute to undertake the planning and
development of a proposed statewide HST network that is fully
coordinated with other public transportation services. The Authority
adopted a Final Business Plan in June 2000, which reviewed the economic
feasibility of an 800-mile-long HST System capable of operating speeds
in excess of 200 miles per hour on a dedicated, fully grade-separated
state-of-the-art track. The Authority released an updated Business Plan
in November 2008.
    The FRA has responsibility for overseeing the safety of railroad
operations, including the safety of any proposed high-speed ground
transportation system. FRA is also authorized to provide Federal
funding for intercity passenger rail capital investments including
high-speed rail. For the proposed HST, it is anticipated that FRA would
need to take certain regulatory actions prior to operation and may
provide financial assistance for the project including grant funds.
    In 2005, the Authority and FRA completed a Statewide Program EIR/
EIS for the Proposed California High Speed Train System, as the first
phase of a tiered environmental review process. The Authority certified
the Program EIR under CEQA and approved the proposed HST System, and
FRA issued a Record of Decision under NEPA for the Program EIS. This
Statewide Program EIR/EIS established the purpose and need for the HST
System, analyzed an HST System, and compared it with a No Project/No
Action Alternative and a Modal Alternative. In approving the Statewide
Program EIR/EIS, the Authority and FRA selected the HST Alternative,
selected certain corridors/general alignments and general station
locations for further study, incorporated mitigation strategies and
design practices, and specified further measures to guide the
development of the HST System during the site-specific project level
environmental review to avoid and minimize potential adverse
environmental impacts. In the subsequent Bay Area to Central Valley HST
Final Program EIR/EIS, the Authority and FRA selected the Pacheco Pass
alternative, via Henry Miller Road, to connect the Bay Area to the
Central Valley.
    The Merced to Fresno HST Project EIR/EIS will tier from the
Statewide Program EIR/EIS and the Bay Area to Central Valley HST
Program EIR/EIS in accordance with Council on Environmental Quality
(CEQ) regulations, (40 CFR 1508.28) and State CEQA Guidelines (14
California Code of Regulations 15168(b)). Tiering will ensure that the
Merced to Fresno HST Project EIR/EIS builds upon all previous work
prepared for and incorporated in the Statewide Program EIR/EIS and the
Bay Area to Central Valley HST Program EIR/EIS.
    The Merced to Fresno HST Project EIR/EIS will describe site-
specific environmental impacts, identify specific mitigation measures
to address those impacts and incorporate design features to avoid and
minimize potential adverse environmental impacts. The FRA and the
Authority will assess the site characteristics, size, nature, and
timing of the proposed project to determine whether the impacts are
potentially significant and whether impacts can be avoided or
mitigated. This Project EIR/EIS will identify and evaluate reasonable
and feasible site specific alignment alternatives, and evaluate the
impacts of construction, operation, and maintenance of the HST System.
Information and documents regarding this HST environmental review
process will be made available through the Authority's Internet site:
www.cahighspeedrail.gov/.
    Purpose and Need: The purpose of the proposed HST System is to
provide a new mode of high-speed intercity travel that would link major
metropolitan areas of the state; interface with airports, mass transit,
and highways; and provide added capacity to meet increases in intercity
travel demand in California in a manner sensitive to and protective of
California's unique natural resources. The need for a HST System is
directly related to the expected growth in

[[Page 50870]]

population, and increases in intercity travel demand in California over
the next twenty years and beyond. With the growth in travel demand,
there will be an increase in travel delays arising from the growing
congestion on California's highways and at airports. In addition, there
will be negative effects on the economy, quality of life, and air
quality in and around California's metropolitan areas from an
increasingly congested transportation system that will become less
reliable as travel demand increases. The intercity highway system,
commercial airports, and conventional passenger rail serving the
intercity travel market are currently operating at or near capacity,
and will require large public investments for maintenance and expansion
to meet existing demand and future growth. The proposed HST system is
designed to address some of the social, economic and environmental
problems associated with transportation congestion in California.
    Alternatives: The Merced to Fresno HST Project EIR/EIS will
consider a No Action or No Project Alternative and an HST Alternative
for the Merced to Fresno section.
    No Action Alternative: The No Action Alternative (No Project or No
Build) represents the conditions in the corridor as it existed in 2009,
and as it would exist based on programmed and funded improvements to
the intercity transportation system and other reasonably foreseeable
projects through 2035, taking into account the following sources of
information: the State Transportation Improvement Program (STIP),
Regional Transportation Plans (RTPs) for all modes of travel, airport
plans, intercity passenger rail plans, and city and county plans.
    HST Alternative: The Authority proposes to construct, operate and
maintain an electric-powered steel-wheel-on-steel-rail HST System,
about 800 miles long, capable of operating speeds of 220 mph on
dedicated, fully grade-separated tracks, with state-of-the-art safety,
signaling, and automated train control systems. As part of the Bay Area
to Central Valley HST Program EIR/EIS, the Authority and FRA selected
the UPRR railroad alignment through the portion of the Central Valley
from north of Madera to south of Stockton as the preferred alternative.
This Project EIR/EIS will also evaluate the BNSF railroad alignment in
this part of the Central Valley because of the uncertainty of
negotiating with the UPRR for some of their right-of-way and will
continue investigation of alignments/linkages to a potential
maintenance facility at Castle AFB.
    The BNSF alignment from Madera to Fresno was selected with the
Statewide Program EIR/EIS. As defined in the Statewide Program EIR/EIS,
this alignment would utilize the UPRR corridor through the urban area
of Fresno. The HST would operate in this area at speeds up to 220 mph
on tracks separate from the existing BNSF and UPRR tracks. Engineering
studies to be undertaken as part of this EIR/EIS process will examine
and refine alignments in the BNSF and UPRR corridors. The entire
alignment would be grade separated from existing roadways. In addition,
alternative sites for right-of-way maintenance, train storage
facilities, and a light or heavy maintenance and repair facility will
be evaluated in the Merced to Fresno HST project area. The preferred
station locations selected by the Authority and FRA through the
Statewide Program EIR/EIS and the Bay Area to Central Valley HST
Program EIR/EIS in Merced will be evaluated in the Merced to Fresno HST
Project EIR/EIS. The station in Fresno will be analyzed in the EIR/EIS
for the Fresno-Bakersfield section of the HST System. Alternative
station sites at or near the selected station locations may be
identified and evaluated.
    Probable Effects: The purpose of the EIR/EIS process is to explore,
in a public setting, the effects of the proposed project on the
physical, human, and natural environment. The FRA and the Authority
will continue the tiered evaluation of all significant environmental,
social, and economic impacts of the construction and operation of the
HST System. Impact areas to be addressed include transportation
impacts; safety and security; land use and zoning; land acquisition,
displacements, and relocations; agricultural land impacts; cumulative
and secondary impacts; cultural resource impacts, including impacts on
historical and archaeological resources and parklands/recreation areas;
neighborhood compatibility and environmental justice; and natural
resource impacts including air quality, wetlands, water resources,
noise, vibration, energy, wildlife and ecosystems, including endangered
species. Measures to avoid, minimize, and mitigate adverse impacts will
be identified and evaluated.
    The Merced to Fresno HST Project EIR/EIS will be prepared in
accordance with FRA's Procedures for Considering Environmental Impacts
(64 FR 28545, May 26, 1999) and will address not only NEPA and CEQA but
will also address, as necessary, other applicable statutes,
regulations, and executive orders, including the Clean Air Act, Section
404 of the Clean Water Act, Section 106 of the National Historic
Preservation Act of 1966, Section 4(f) of the Department of
Transportation Act, the Endangered Species Act, and Executive Order
12898 on Environmental Justice. This EIR/EIS process will also continue
the NEPA/Clean Water Act Section 404 integration process established
through the Statewide Program EIR/EIS process. The EIR/EIS will
evaluate project alignment alternatives, and station and maintenance
facility locations to support a determination of the Least
Environmentally Damaging Practicable Alternative (LEDPA) by the U.S.
Army Corps of Engineers.
    Comments: FRA encourages broad participation in the EIS process and
review of the resulting environmental documents. Comments are invited
from all interested agencies and the public to ensure the full range of
issues related to the proposed action and reasonable alternatives are
addressed and all significant issues are identified. In particular, FRA
is interested in learning whether there are areas of environmental
concern where there might be a potential for significant site-specific
impacts from the Merced-Fresno section of the HST system. Public
agencies with jurisdiction are requested to advise FRA and the
Authority of the applicable permit and environmental review
requirements of each agency, and the scope and content of the
environmental information that is germane to the agency's statutory
responsibilities in connection with the proposed project. Public
agencies are requested to advise FRA if they anticipate taking a major
action in connection with the proposed project and if they wish to
cooperate in the preparation of the Project EIR/EIS.
    Public scoping meetings were held in March 2009 for the Merced to
Bakersfield HST Project EIR/EIS and are an important component of the
scoping process for the Merced to Fresno HST Project EIR/EIS for both
the State and Federal environmental review. FRA is seeking
participation and input of all interested federal, state, and local
agencies, Native American groups, and other concerned private
organizations or individuals on the scope of the EIR/EIS.
Implementation of the Merced to Fresno section of the HST System is a
federal undertaking with the potential to affect historic properties.
As such, it is subject to the requirements of section 106 of the
National Historic Preservation Act of 1966 (16 U.S.C. 470f). In
accordance with regulations issued by the Advisory Council on Historic
Preservation, 36 CFR part 800, FRA intends to coordinate

[[Page 50871]]

compliance with Section 106 of this Act with the preparation of the
EIR/EIS, beginning with the identification of consulting parties in a
manner consistent with the standards set out in 36 CFR 800.8.

    Issued in Washington, DC, on September 25, 2009.
Mark E. Yachmetz,
Associate Administrator for Railroad Development, Federal Railroad
Administration.
[FR Doc. E9-23728 Filed 9-30-09; 8:45 am]
BILLING CODE 4910-06-P

 
 

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