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CHAPTER 5 | COMMENTS AND COORDINATION
Early and continuing coordination with the general public and public agencies is an essential part of the
environmental process. It helps planners determine the necessary scope of environmental
documentation and the level of analysis required, and to identify potential impacts and avoidance,
minimization, and/or mitigation measures and related environmental requirements. Agency
consultation and public participation for this project have been accomplished through a variety of
formal and informal methods, including: Project Development Team (PDT) meetings, interagency
coordination meetings, community meetings, and public open house meetings. This chapter summarizes
the results of Caltrans’ efforts to fully identify, address, and resolve project-related issues through early
and continuing coordination.
5.1 COORDINATION PLAN
The California Department of Transportation (Caltrans) is the National Environmental Policy Act (NEPA)
Lead Agency under the provisions of the Memorandum of Understanding (MOU) between the Federal
Highway Administration (FHWA) and Caltrans Concerning the State of California's Participation in the
Surface Transportation Project Delivery 23 United States Code (USC) 327 NEPA Assignment, which
became effective on October 1, 2012. The MOU was signed pursuant to Title 23 USC 327, which allows
the Secretary of Transportation to assign, and the State of California to assume, responsibility for
FHWA's responsibilities under other Federal environmental laws. As this project is covered by the NEPA
Assignment MOU, FHWA has assigned and Caltrans has assumed FHWA responsibility for environmental
review, consultation, and coordination on this project.
The 2005 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A legacy for Users (SAFETEALU)
was a transportation funding act that included a number of changes aimed at streamlining the
environmental review process. The 2012 Moving Ahead for Progress in the 21st Century Act (MAP-21)
made further amendments to the environmental review process added by SAFETEA-LU and was codified
at 23 USC 139. The Efficient Environmental Review Process mandated by 23 USC 139 applies to
transportation projects requiring an Environmental Impact Statement (EIS), for which the original Notice
of Intent (NOI) was published in the Federal Register after August 10, 2005. Lead agencies are required
to develop a coordination plan to facilitate and document the interaction between lead agencies,
participating and cooperating agencies, and the public.
A Coordination Plan was prepared by Caltrans in March 2014 to describe a communication process with
participating and cooperating agencies. The following provides an overview of the agency coordination
conducted to date. 23 U.S.C. 139 requires Caltrans to notify the Secretary of Transportation of the type
of work proposed, including the general location, length and termini of the project, when the
environmental review process would begin, and any anticipated federal permits and approvals. This
notification was provided via transmittal of the Notice of Intent to the Secretary on November 13, 2013.
Under the National Environmental Policy Act (NEPA), cooperating agencies are federal agencies that
either has jurisdiction/ approval authority on part of the project (e.g., issuing a permit) or special
expertise with respect to an environmental issue being evaluated in the EIS (or joint EIS/Environmental
Impact Report [EIR]). Under MAP-21, participating agencies can be federal, state, tribal, regional, or local
agencies that may have an interest in the project. Caltrans sent letters of invitation to 13 agencies to
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become a participating agency and 4 agencies to become a cooperating agency on the project.
Subsequently, on February 13, 2014, one additional agency, the Federal Railroad Administration (FRA),
was invited to become a cooperating agency but declined. A federal agency is assumed to be a
cooperating agency and participating agency unless it formally declines an invitation or it fits into one of
the following categories: (1) it has no jurisdiction or authority for the project; (2) it has no expertise or
information relevant to the project; or (3) it does not intend to submit comments on the project.
Cooperating Agencies: Federal agencies, other than the Federal Lead Agency, who have jurisdiction by
law or special expertise with respect to any environmental impact involved in a proposed project or
project alternative. Cooperating agencies are also participating agencies.
Cooperating Agencies Contact Person/Title Phone/Email
Army Corps of Engineers Crystal Huerta
Veronica Li
(805)585-2143
United States Environmental Protection
Agency
Carolyn Mulvihill
Clifton Meek
Connell Dunning
(415) 947-3554
(415) 972-3370;
(415) 947-4161
Advisory Council on Historic Preservation Carol Legard
Federal Highway Liaison
Office of Federal Agency
Programs
(202) 606-8522
United States Fish and Wildlife Service Raymond Vizgirdas
Participating Agencies: Federal, state, regional or local agencies that may have an interest in the
project.
Participating Agencies Contact Person/Title Phone/Email
Los Angeles County Metropolitan
Transportation Authority (Metro)
Isidro Panuco
Project Manager
(213) 922-7984
California Department of Fish and Wildlife Ed Pert Regional Manager
Jamie Jackson
(858) 467-4210 [email protected]
(805) 382-6906 [email protected]
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California Highway Patrol Captain Gretchen Jacobs (661) 948-8541
County of Los Angeles, Department of
Regional Planning
Carl Nadela
Community Studies North
Section
(213) 974-6476
County of Los Angeles, Department of Parks
and Recreation
Julie Yom
(213) 351-5127
County of Los Angeles, Department of Public
Works
Daniel Quintana,
Andrew Ngumba
Southern California Association of
Governments
Courtney Aguirre
Regional Planner
(213) 236-1804
City of Lancaster, Planning Department Brian Ludicke Planning Director
Allen Thompson Assistant Utility Services
Manager
Michelle Cantrall
(661) 723-6105 [email protected]
(661) 945-6896
City of Palmdale, Planning Department Susan Koleda
Senior Planner
(661) 267-5200
City of Palmdale, Public Works Department Mike Behen
Transportation/GIS
Manager
Jim Deyo
(661) 267-5337
Natural Resources Conservation Service Hudson Minshew
District Conservationist
(661) 945-2604 ext.110
Antelope Valley Resource Conservation
District
Debra Gillis
Executive Director
(661) 305-3405
Lahontan Regional Water Board Jan Zimmerman (760) 241-7376
State Water Resources Control Board Bob Solecki (916) 341-5483
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California High Speed Rail Authority Michelle Boehm
Karl Fielding
(310) 896-5275
* Pursuant to 23 USC 139, all cooperating agencies are also participating agencies.
**A Federal agency invited shall be designated as a participating agency unless the agency declines the invitation by the deadline specified,
and states that the agency (1) has no jurisdiction or authority with respect to the project, (2) has no expertise or information relevant to the
project, and (3) does not intend to submit comments on the project.
Coordination meetings were held at the Caltrans District 7 office in downtown Los Angeles on March 25,
April 1, 2014, December 16, 2014 and June 16, 2015 for those agencies that had accepted the invitation
to be a participating or cooperating agency. The purpose of the meetings were to update the attendees
on the progress of the project; gain input on the project Purpose and Need and range of alternatives;
collaborate on impact assessment and methodologies, socio-economic and environmental impacts and
discuss any issues/concerns related to the project. In addition, the meetings provided an opportunity to
identify the permits and approvals needed for project implementation. The permits and approvals
needed, as well as the status of these permits, is summarized in Section 2.1.6 of this document.
5.2 SCOPING PROCESS
The scoping process started with widespread notice to government agencies via publication of a Notice
of Intent (NOI)/Notice of Preparation (NOP) announcing the start of work on an EIR/EIS. The NOI was
published in the Federal Register on November 13, 2013, in accordance with NEPA. The NOP was filed
with the State Clearinghouse on November 6, 2013, in accordance with the California Environmental
Quality Act (CEQA). The State Clearinghouse posts the NOP on its Web site and distributes it to State
agencies. Comments on the NOI/NOP were received from 7 agencies and included comments on a
variety of environmental issues.
AGENCY COMMENT
Department of Defense - Requests coordination with Edwards Air Force
base.
Environmental Protection Agency - Accept Participating/Cooperating Agency role.
- Provided recommendations for water and
wetland resources, biological resources,
construction emissions and environmental justice
issues to address impacts and provide avoidance
and mitigation measures.
California Department of Fish and Wildlife
(CDFW)
- Accepts Participating Agency role but requests
that a Memorandum of Understanding (MOU) is
signed.
- Wildlife Corridor Study should be conducted.
- The Environmental Document should include
information on listed species impacts.
- Mitigation should be provided for any impacts
to the biological environment.
California Department of Water Resources (DWR) - The proposed project would cross the DWR’s
California Aqueduct East Branch and therefore
Caltrans will be required to obtain an
encroachment permit from DWR.
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- Any modifications to DWR’s bridge and access
roads will be reviewed and approved by DWR
prior to construction.
Los Angeles County Fire Department - Any road closures/ detours have the potential to
impact emergency response times and must be
coordinated with Fire Dept.
- Prior to construction, provide 3 sets of detour
plans with planned closures.
- Notify Fire Dept. at least 3 days in advance of
any street closures.
- Disruptions to water service must be
coordinated and alternative water sources must
be provided.
- Statutory responsibilities of the County Fire
Department include: erosion control, watershed
management, rare and endangered species,
vegetation, cultural resources, the County Oak
Tree Ordinance, and fuel modification for very
high fire hazard zones.
Lahontan Regional Water Quality Control Board - The project is within both the Los Angeles
County and Lahontan Regional Water Quality
Control Board jurisdictions.
- All surface waters are waters of the state and
the project will require coordination with the
Regional Water Quality Control Boards as well as
the U.S. Army Corps of Engineers for federal
waters.
- Beneficial uses of the water resources should
also be identified in the Environmental
document.
- Wetland impacts should be avoided.
- Post construction stormwater management
should be considered and vegetation clearing
should be kept to a minimum.
- Various permits will be required for the
proposed project (see full letter).
Native American Heritage Commission (NAHC) - The appropriate Information Center should be
contacted for a record search.
- Mitigation plans should include provisions for
accidentally uncovered archaeological or cultural
remains.
Letters were sent to federal, State, regional, local government agencies, and the public inviting them to
scoping meetings, held on March 14, 2014 and March 18, 2014.
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Public Scoping Meetings
Antelope Acres Community Center
8812 W Ave E-8
Antelope Acres, CA 93536
Saturday, March 15, 2014, 9:30am - 11:30am
Grace Chapel Neenach
25649 W Ave D
Lancaster, CA 93536
Tuesday, March 18, 2014, 6:30pm - 8:30pm
The comments from the scoping meetings focused on the following issues: Water supply, maintaining
the rural setting of the area, right-of-way impacts, safety improvements, bicycle corridor enhancements,
and support for the option that does not displace residents.
5.2.1 Scoping follow-up
OPEN HOUSE MEETINGS
Two Community Open House Meetings were held on May 2 and 4, 2015 to give the public a project
update. For ease of access, one of the meetings was held on the Western side of the Northwest 138
Corridor and the other one at the Eastern side. In addition, one of the meetings was offered on a
Saturday morning (9:30am – 11:30am) and the other during evening hours (6:30pm – 8:30pm) on a
Monday.
Approximately 180 people attended the meetings; 110 on May 2nd and 70 on May 4th. Each of the
meetings featured an open house format allowing the public to receive updates through information
stations and to have their questions answered by technical staff.
Community Open House Meetings Locations
Community Date / Time Location/Address
West Corridor
Communities
Saturday, May 2, 2015
9:30am – 11:30am
Grace Chapel Neenach
25649 W Av D
Lancaster, CA 93536
East Corridor
Communities
Monday, May 4, 2015
6:30pm – 8:30pm
William J. Fox Airfield - Lobby
4555 W Av G
Lancaster, CA 93536
All meeting participants were provided a meeting packet which included a copy of the Alternatives fact
sheet, meeting flyer, and an overview of the web-based interactive map that is publically accessible on
the project website.
A range of informational exhibits were featured to provide general project information and to present
new information on the Northwest 138 Corridor and alignment alternatives. Below is a list of the
exhibits that were provided at the Community Open House Meetings.
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• Purpose and Need
• Environmental Review Process Chart
• Scoping Comments Summary
• Alternatives Map
• Range of Alternatives Overview
• Alternative 1 Freeway/Expressway – Map and cross sections
• Alternative 2 Expressway/Conventional Highway – Map and cross sections
• TSM Alternative – Map and cross section
• Large plot maps for segments of the corridor featuring the alternative alignments and interchanges,
intersections, and access points
• Interactive Map for the Northwest 138 Corridor
o Exhibit Board and iPad stations for access to the web-based interactive map
• Stay Connected – Project contact information
Issues Raised by the Public at the Open House Meetings
The following is a general overview of the issues raised by the public at the Community Open House
Meetings through individual discussions between stakeholders and Northwest 138 Corridor staff:
• Concerns about impacts to private property, including:
• Access to property
• Property values
• Eminent domain
• Environmental impacts
• Noise impacts during and after construction
• Impacts to residents
• Impacts to wildlife
• Access to new transportation facility
• Interchange and intersection operations and design
• Opposition to signalized intersections
• Alternatives
• Support and opposition to alignment options in Antelope Acres area
• Discussion regarding alignments in the Neenach area
• Project Schedule
• Construction timing and phasing
• Timing of Draft environmental documents and next steps
• Employment opportunities
A variety of methods were used in advance of the Community Open House Meetings to encourage
public participation. All forms of noticing provided meeting details (dates, times, locations, and
language needs) as well as contact information for accessing additional project section details.
Notification methods for the Open House meetings included mailing of notices, electronic distribution,
media coverage, and stakeholder coordination.
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Postcard notices for the Community Open House Meetings were mailed to approximately 6,105
addresses, including those on the project stakeholder database and other property owners and
residents within a ½ mile buffer along State Route 138 and populated areas beyond this buffer (e.g.
Antelope Acres). See Figure 55 for the zone of distribution. The postcard notice included information for
the two meetings language needs, and other project contact information.
An electronic version of the flyer was distributed via email to 1,111 contacts included in the project
stakeholder database. The notice was sent out twice in advance of the start of the Community Open
House Meetings. The electronic public notice was also shared with local cities, town councils, agencies,
elected officials, and key stakeholder groups for posting on their respective websites, newsletters, social
media, and other communication outlets.
There were a number of articles published prior, during, and after the Community Open House Meetings
Articles Covering the Open House Meetings (Partial List)
Date Publication Article
April 16, 2015 SCVNews.com “May 2, 4: Public Meetings on Highway 138
Corridor Plan”
April 21, 2015 AV Press “MTA & LA County Meetings target
Highway 138”
April 29, 2015 Toll Road News “Public Meetings for SoCal Northwest 138
Corridor Project”
May 1, 2015 The Mountain Enterprise “Upcoming & Ongoing plus Regular Weekly
and Monthly Events”
May 15, 2015 The Mountain Enterprise “Will SR-138 become a six-lane freeway?”
Source: Arellano Associates, 2015.
STAKEHOLDER BRIEFINGS
Following the Public Scoping Meetings in March 2014, representative elected offices, cities,
town/neighborhood councils, stakeholder organizations and local residents have been reached through
additional participation opportunities. The contacts generated through these additional engagement
opportunities were added to the stakeholder database for future notification efforts, including the
noticing for the upcoming Community Open House Meetings.
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Summary of Outreach Activities (March 2014 to April 2015)
No. Meeting Date Category
1. Los Angeles County Air Show (2-day event) March 21-22, 2014 Event
2. AVBOT Transportation Committee May 8, 2014 Stakeholder
Organization
3. Rosamond Municipal Advisory Council May 15, 2014 Stakeholder
Organization
4. High Desert Cyclists May 19, 2014 Stakeholder
Organization
5. Department of Water Resources May 30, 2014 Agency Staff
6. Los Angeles Department of Water and Power
(LADWP) June 3, 2014 Agency Staff
7. NCTC TAC Meeting July 21, 2014 Agency Staff
8. NCTC Board August 27, 2014 Agency Staff
9. Office of Supervisor Antonovich September 11, 2014 Agency Staff
10. Association of Rural Town Councils (ARTC) September 24, 2014 Stakeholder
Organization
11. Los Angeles County Coordination Meeting October 8, 2014 Agency Staff
12. Antelope Acres Town Council (Original) October 15, 2014 Stakeholder
Organization
13. Antelope Acres Town Council (Elected) October 15, 2014 Stakeholder
Organization
14. Fairmont Town Council October 16, 2014 Stakeholder
Organization
15. William R. Barnes, Property Owner October 21, 2014 Stakeholder
16. Oso (Neenach) Town Council October 23, 2014 Stakeholder
Organization
17. Historical Telephone Repeater Station November 5, 2014 Stakeholder
Organization
18. Jeff Zimmerman, Resident November 5, 2014 Stakeholder
19. Three Points / Liebre Mountain Town Council November 8, 2014 Stakeholder
Organization
20. Tejon Ranch December 9, 2014 Stakeholder
Organization
21. AVBOT Business Outlook Conference February 27, 2015 Event
22. Los Angeles County Air Show - (2-day event) March 21-22, 2015 Event
23. Office of Supervisor Antonovich April 7, 2015 Agency Staff
24. Antelope Valley Board of Trade (AVBOT) April 9, 2015 Stakeholder
Organization
Source: Arellano Associates, 2015.
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Figure 56 Zone of Distribution
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5.3 CONSULTATION AND COORDINATION WITH PUBLIC AGENCIES
Numerous early coordination meetings occurred between Caltrans and resource agencies such as
USFWS, CDFW, and USACE. In general, the purpose of these meetings was to provide agency personnel
with the latest project design information, proposed approaches to survey protocol, impact analysis, and
to evaluate potential mitigation measure potential. The input from agencies was also helpful with regard
to all of these topics, especially design criteria, survey protocol, and impact analysis. The consultation is
divided by resource area and shown below.
5.3.1 Cultural Resource Coordination
Agency Form of Coordination Topic Date
Native American
Heritage Commission (NAHC)
NAHC
NAHC
Letter sent to CT from
NAHC
Letter sent by CT to
individuals referred by
NAHC
Follow-up phone calls
Sacred Lands
information
Sacred Lands follow-up
Same as above
April 28, 2014
May 1, 2014
November 3, 2014
5.3.2 Section 4(f) Coordination
Properties subject to the provisions of the requirements of Section 4(f) of the U.S. Department of
Transportation Act are publicly owned parks and recreation areas, wildlife and waterfowl refuges of
national, State, or local significance, and historic sites of national, State, or local significance. Please see
appendix B for more information relating to Section 4(f) resources. For Section 4(f), the following
agencies were requested for input about the potential Section 4(f) properties in the area:
- The US Forest Service,
- The CA State Parks Department
- CA Department of Water Resources
- Los Angeles County Department of Parks and Recreation
- Los Angeles Department of Water and Power
- The Mountain Recreation and Conservation Authority
- The Desert and Mountain Conservation Authority
- State Parks, Hungry Valley District
- State Parks, Tehachapi District
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On July 7, 2014 there was a meeting with Caltrans, the US Forest Service, and Tejon Ranch to discuss the
Pacific Crest Trail. There were also various phone discussions and email correspondence regarding the
designated purpose, land ownership, significance of the resources within their jurisdiction and project
impacts on them. Coordination for historic properties are done under the Section 106 process.
5.3.3 Biological Resource Coordination
Throughout the project planning process early coordination meetings occurred between Caltrans and
resource agencies such as U.S. Fish and Wildlife Service, CA Department of Fish and Wildlife, Army Corps
of Engineers, EPA and CA Regional Water Quality Control Boards. In general, the purpose of these
meetings was to provide agency personnel with the latest project design information, proposed
approaches to survey protocol, impact analysis, and to evaluate potential mitigation measures. Below is
a table summarizing the contact with these resource agencies.
Table 123: Biological Resource Agency Coordination Summary
Date Agency Personnel Involved Meeting
Type
Comments
11/6/2013 CDFW, RWQCB Memo Caltrans published the Notice of
Preparation with the State
Clearinghouse (SCH #2013111016).
11/13/2013 USFWS, EPA Memo Caltrans published the Notice of
Intent within the Office Federal
Register.
1/15/2014 CDFW Memo Caltrans received official
comments from CDFW in regard to
the Notice of Preparation.
1/22/2014 CDFW Email Caltrans biologist emailed project
details and potential studies
required.
2/28/2014 USFWS Email Caltrans biologist emailed project
description and proposed studies
to USFWS Ventura Office.
03/25/2014 CDFW, USFWS, RWQCB, EPA
Meeting Caltrans hosted an agency
coordination meeting to discuss
the project details and purpose
and need.
6/30/2014 USFWS Email Official Threatened and
Endangered Species List
downloaded from USFWS website.
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7/16/2014 CDFW Email Confirmed study limits and need
for desert tortoise surveys.
7/28/2014 USFWS Email Caltrans biologist received email
correspondence from USFWS staff
assigned to the project, resulting in
moving forward with scheduled
biological surveys.
8/28/2014 CDFW In Person Caltrans biologist met with CDFW
to discuss surveys done up until
that point and the need for future
surveys.
12/16/2014 CDFW, USFWS, RWQCB, EPA
Meeting Caltrans hosted a cooperating/
participating agency meeting with
the regulatory agencies to discuss
project updates.
1/12/2015 CDFW Phone Caltrans biologist discussed with
CDFW the need for pronghorn
spotting surveys.
5/21/2015 CDFW Phone Caltrans biologist discussed survey
results with CDFW.
5/28/2015 USFWS Phone
Conference
Caltrans and USFWS held a
meeting with the Palm Springs
office, more project details were
presented and Ray Bransfield
became the USFWS staff assigned
to the project until further notice.
6/16/2015 CDFW, USACE, EPA
Meeting Agency coordination meeting
hosted by Caltrans to discuss study
findings and status.
3/9/2016 USFWS Email Caltrans biologist provided Ray
Bransfield with survey updates and
preliminary findings.
3/10/2016 USFWS Email Caltrans biologist provided Tara
Callaway, per Ray Bransfield
recommendation, on Bakersfield
cactus survey results to confirm
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presence/absence of species
adjacent to project limits.
6/1/2016 CDFW Meeting Meeting w/ CDFW personnel Betty
Courtney, Erinn Wilson, and Dan
Blankenship, to welcome Dan
Blankenship to D7 projects. Dan
Blankenship became the CDFW
staff person assigned to the
project until further notice. He
was briefly updated on the
project’s survey results.
7/19/2016
7/19/2016
USFWS
USACE
Email Updated Ray Bransfield on a draft
submittal date of October 2016 for
our letter for written concurrence.
Updated Crystal Huerta, the
USACE staff person assigned to the
project that we will submit for an
approved JD in September
2016. She informed us that she is
expected to be on maternity leave
and that Stephanie Hall will be the
point of contact at that time.
5.3.4 Air Quality Coordination
In December 2014, a PM Conformity Hot-Spot Analysis Project Summary Form (PM Form) was submitted
for review by the interagency consultation. The interagency consultation is comprised of federal (EPA,
FHWA, FTA), state (ARB, Caltrans), regional (AQMDs or APCD, SCAG), and sub-regional (County
Transportation Commissions) agencies and other stakeholders. The project was reviewed and discussed
in the December 2014 monthly meeting. The interagency consultation concurred in the meeting that
the project would not be of air quality concern for PM2.5 and PM10.
Since the December 2014 meeting, the project changed its scope for some alternatives to include,
among other features, acceleration and deceleration lanes to and from SR-138 at the interchange with I-
5. The PM Form was revised to reflect the changed scope and submitted for review and discussion in a
July 2015 monthly meeting. The interagency consultation reviewed and concurred that the project with
changed scope would not be of air quality concern for PM2.5 and PM10.