Batiquitos Lagoon Double Track Project
Summary
SCH Number
2024061076
Public Agency
San Diego Association of Governments
Document Title
Batiquitos Lagoon Double Track Project
Document Type
NOE - Notice of Exemption
Received
Posted
6/25/2024
Document Description
The Project consists of the construction of a second mainline rail track along approximately 1 mile of the existing LOSSAN (Los Angeles – San Diego – San Luis Obispo) rail corridor through the Batiquitos Lagoon. The Project is part of a larger phased, multi-year effort to create a double track configuration on the entire LOSSAN rail corridor within San Diego County to improve commuter rail and freight rail service by increasing train capacity, improving railroad operations, and enhancing reliability. The purpose of the Project is to increase the reliability, operational flexibility, and capacity of the LOSSAN rail corridor to add passenger and freight rail service to meet future transportation demands. The existing single track in the Project area creates a bottleneck for trains traveling along the corridor.
Contact Information
Name
Keith Greer
Agency Name
SANDAG
Job Title
Deputy Director
Contact Types
Lead/Public Agency / Project Applicant / Parties Undertaking Project
Phone
Email
Location
Cities
Carlsbad, Encinitas
Counties
San Diego
Regions
Countywide
Cross Streets
Avenida Encinas to La Costa Ave
State Highways
Hwy 101; Interstate-5
Railways
LOSSAN Corridor
Waterways
Batiquitos Lagoon; Pacific Ocean
Other Location Info
LOSSAN corridor (San Diego segment) over Batiquitos Lagoon from approximately Mile Post (MP) 234.5 to MP 237.2.
Notice of Exemption
Exempt Status
Statutory Exemption
Type, Section or Code
21080(b)(10); 21080(b)(12)
Reasons for Exemption
The proposed project qualifies for a statutory exemption from CEQA. The statutory exemption applies to specified mass transit facilities. The purpose of the proposed project is to increase the reliability, operational flexibility, and capacity of the LOSSAN rail corridor to add passenger service to meet current and future transportation demands. The existing single track in the proposed project area creates a bottleneck for trains traveling along the corridor. The proposed project qualifies for this exemption because it consists of constructing approximately 1 mile of a second mainline track (double tracking) which would allow for an increase in service throughout the corridor and is required for transfer of passengers from or to exclusive public mass transit guideway or busway transit services.
Furthermore, to the degree that Project activities are undertaken by a rail carrier or under the auspices of a rail carrier, state and local regulation of transportation by a rail carrier is preempted under the federal Interstate Commerce Commission Termination Act ("ICCTA"), 49 U.S. Section 10101 et seq., if it would have the effect of unreasonably burdening or interfering with rail transportation. The federal Surface Transportation Board ("STB") has "exclusive" jurisdiction over "transportation by rail carriers" and "the construction, acquisition, operation, abandonment, or discontinuance of spur, industrial, team switching, or side tracks, or facilities, even if the tracks are located, or intended to be located, entirely in one State." (49 U.S.C. § 10501(b), emphasis added.).
Exempt Status
Categorical Exemption
Type, Section or Code
CEQA Guidelines § 15275; CEQA Guidelines § 15333.
Reasons for Exemption
The purpose of the proposed project is to increase the reliability, operational flexibility, and capacity of the LOSSAN rail corridor to add passenger service to meet current and future transportation demands. The existing single track in the proposed project area creates a bottleneck for trains traveling along the corridor. The proposed project qualifies for this exemption because it consists of constructing approximately 1 mile of a second mainline track (double tracking) which would allow for an increase in service throughout the corridor and is required for transfer of passengers from or to exclusive public mass transit guideway or busway transit services.
The proposed project includes the restoration of the 4.2-acre W-2 least tern nesting site. This restoration is occurring at the direction of the U.S. Fish and Wildlife Service.
Furthermore, to the degree that Project activities are undertaken by a rail carrier or under the auspices of a rail carrier, state and local regulation of transportation by a rail carrier is preempted under the federal Interstate Commerce Commission Termination Act ("ICCTA"), 49 U.S. Section 10101 et seq., if it would have the effect of unreasonably burdening or interfering with rail transportation. The federal Surface Transportation Board ("STB") has "exclusive" jurisdiction over "transportation by rail carriers" and "the construction, acquisition, operation, abandonment, or discontinuance of spur, industrial, team switching, or side tracks, or facilities, even if the tracks are located, or intended to be located, entirely in one State." (49 U.S.C. § 10501(b), emphasis added.).
County Clerk
San Diego
Attachments
Notice of Exemption
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