1 Introduction 

U.S. Department of Transportation 

Federal Railroad Administration 

FINDING OF NO SIGNIFICANT IMPACT 

Brightline West Cajon Pass High-Speed Rail Project 

Victor Valley to Rancho Cucamonga, California 

July 2023 

Brightline West, the Project Sponsor, proposes to construct and operate the Brightline West Cajon 

Pass High-Speed Rail Project (Project), a 49-mile train system capable of reaching a top speed of 

approximately 140 miles per hour (mph) between Victor Valley and Rancho Cucamonga, California. 

The Project includes two new railway stations—one in Hesperia, and one in Rancho Cucamonga. The 

connecting station in Victor Valley was approved as part of a separate project that was evaluated in 

the DesertXpress Final Environmental Impact Statement (Final EIS; FRA 2011). 

Brightline West proposes to construct and operate the Project within the Interstate-15 (I-15) right-ofway for 48 miles and on existing transportation corridors for the last mile into the proposed Rancho 

Cucamonga station (see ). The Project will be powered by overhead electric catenary and 

require construction of one new traction power substation in the Hesperia area. The maintenance 

facility that was approved with the DesertXpress Project will provide the primary maintenance 

functions (Final EIS; FRA 2011). Additional layover tracks are anticipated at the Rancho Cucamonga 

station, which could include light maintenance capability, such as interior cleaning and daily inspection. 

Figure 1

Trains are expected to operate daily on 60-minute headways between Victor Valley and Rancho 

Cucamonga. The trip between Victor Valley and Rancho Cucamonga will be approximately 35 

minutes. Service will be coordinated with existing and planned Metrolink service at the Rancho 

Cucamonga station to provide a convenient connection between the HSR and commuter rail systems. 

Brightline West will construct and operate the Project under a lease agreement with the California 

Department of Transportation (Caltrans) for the use of the I-15 right-of-way and the station at Hesperia. 

Brightline West will secure additional agreements for Right-of-Way Use; Design & Construction 

Oversight and Reimbursement; and Operations & Maintenance, as necessary, including agreements 

with the City of Rancho Cucamonga and the San Bernardino County Transportation Authority 

(SBCTA) for land rights, construction, operations, and maintenance for the last mile of the Project from 

I-15 to Rancho Cucamonga station. 

Since Federal funds and Federal permits are necessary for the Project, compliance with the National 

Environmental Policy Act of 1969 (42 USC § 4321 et seq.) (NEPA) is required. The federal actions 

and approvals required for implementation of the Project are listed in Exhibit 1. The Federal Railroad 

Administration (FRA) is the lead Federal agency for review under NEPA. FRA, in cooperation with the 

Federal Highway Administration (FHWA), Surface Transportation Board (STB), United States Army 

Corps of Engineers (USACE), and Yuhaaviatam of San Manuel Nation, prepared an Environmental 

Assessment (EA) and draft Section 4(f) Evaluation in October 2022 evaluating the potential 

environmental effects of the Project. FRA prepared the EA in accordance with NEPA, the Council on 

Environmental Quality’s (CEQ) NEPA implementing regulations (40 CFR Parts 1500-1508), and FRA’s 

Environmental Impact and Related Procedures (23 CFR Parts 771 and 774)), and other related laws 

and requirements. The EA documents the effects of the Project on the environment and the measures 

that will be implemented to avoid, reduce, and mitigate the Project’s adverse effects on social,

economic, and environmental resources. 

1 July 2023 
 

 

 

 

 

Exhibit 1 

Federal Permits and Approvals 

Agency Coordination and Approvals 

U.S. Fish and Wildlife Service (USFWS) Consultation consistent with Section 7 of the Endangered Species Act 

U.S. Army Corps of Engineers (USACE) Section 404 Permit, pursuant to the Federal Clean Water Act 

Surface Transportation Board (STB) Approval for Construction and Operation 

Federal Railroad Administration (FRA) 49 U.S.C. Sections 103, 20103 – Authority to regulate the safety of 

railroads 

49 CFR Part 236 – Type and safety approval for the signaling system 

(ETCS) 

49 CFR Part 238 – Vehicle qualification for the rolling stock 

Federal Highway Administration (FHWA) Jurisdiction over the use of and/or modification of Interstate highway 

right-of-way 

The EA was made available for review by agencies and the public for a 30-day review and comment 

period between October 28, 2022, and November 28, 2022. A notice of availability of the EA was 

distributed via email and postcard to the Project mailing list and residents of the Project area. The EA 

was available on FRA’s website1 and Regulations.gov2 and its availability was advertised in the 

Rancho Cucamonga Daily Bulletin, The Sun, and Victor Valley News. FRA held virtual public meetings 

on November 12, 2022, and November 15, 2022. Summaries of comments received on the EA and 

responses to those comments are provided in Attachment C; the full text of all comments is provided 

in Attachment D. 

This Finding of No Significant Impact (FONSI) is made based on the information in the EA to comply 

with NEPA, CEQ’s implementing regulations, FRA’s Environmental Impact and Related Procedures; 

and other applicable laws, including Section 106 of the National Historic Preservation Act (Section 

106) and Section 4(f) of the U.S. Department of Transportation Act of 1966 (Section 4(f)). The EA is 

incorporated by reference into this FONSI. The use of errata sheets (Attachment B) in lieu of a Final 

EA is appropriate under CEQ’s regulations as the comments received on the EA were minor in nature 

and the responses to the comments are limited to factual corrections of explanations of why the 

comments do not warrant further response. Corrections in Attachment B are limited to clarification 

of mitigation measures and to the discussion of impacts regarding wetland and stream areas, land 

use, hazardous materials, transportation, and safety, as well as minor revisions to figures. 

3 

1 https://railroads.dot.gov/rail-network-development/environment/environmental-reviews/brightline-west-cajonpass-high-speed 

2 https://www.regulations.gov/docket/FRA-2022-0090 

3 USDOT, 2019. Guidance on the Use of Combined Final Environmental Impact Statements/Records of 

Decision and Errata Sheets in National Environmental Policy Act Reviews. Available: 

https://www.transportation.gov/sites/dot.gov/files/docs/mission/transportationpolicy/permittingcenter/337371/feis-rod-guidance-final-04302019.pdf. 

July 2023 2 
 

 

 

 

 

 

 

 

3.2 Build Alternative 

 

2 Purpose and Need 

The purpose of the Project is to provide reliable and safe passenger rail transportation between the 

Los Angeles metropolitan region and the High Desert of San Bernardino County by providing an 

alternative to automobile travel along the I-15 freeway by adding capacity to the overall transportation 

system to reduce travel time between metropolitan regions. 

The Project is needed to address transportation capacity, congestion, limited travel mode choices, 

safety, and reduce greenhouse gas (GHG) emissions. Travel demand analysis forecasts 49.1 million 

one-way trips between Southern California and Las Vegas in 2025, with approximately 85 percent of 

travelers making the trip by automobile. Most of these trips use the capacity-constrained Cajon Pass 

segment of I-15. Further, the freeway system leading into I-15 from points west, east, and south, 

including Interstate (I-) 10, State Route (SR-) 210, I-215 and SR-60 have similar delays and capacity 

constraints. Refer to Section 2.3 of the attached EA for a complete description of the Project’s purpose 

and need. 

3 Alternatives Considered 

3.1 No Action Alternative 

The No Build Alternative will involve no action to create a passenger HSR system in the median and 

immediately alongside the I-15 highway between Victor Valley and Rancho Cucamonga. The I-15 

corridor will remain operational without improving the major points of congestion or transportation 

capacity deficiencies along the highway. There are two planned improvements on I-15 within the 

project study area. The first project, Caltrans’ the I-15 Interchange Reconstruction Project, consists of 

improvements to the D Street, E Street, Stoddard Wells Road, and Mojave River Bridge interchanges 

to improve traffic safety, operational characteristics, and aesthetics. The second project is the I-15 

Pavement Rehabilitation Project which is intended to improve the safety performance and smoothness 

of the roadway. Neither of these projects would increase capacity on I-15 or meet any of the other 

identified transportation needs. The No Build Alternative will not result in temporary or permanent 

impacts to resources in the affected environment as no project related activities or construction will 

occur. Travelers between Victor Valley and Rancho Cucamonga will continue to use passenger cars 

for travel. Due to anticipated population increases, travel demand along I-15 will increase, along with 

Vehicle Miles Traveled (VMT) and associated criteria air pollutants, TACs, and GHG emissions from 

passenger vehicles. 

The Build Alternative (i.e., the Project) consists of a proposed HSR passenger railway with associated 

infrastructure, including two new proposed passenger stations. Nearly all of the Project will be built 

within the I-15 right-of-way. Near the proposed southern terminus station in Rancho Cucamonga, 

approximately one mile of the rail alignment will be in city street, railroad, or utility rights-of-way. 

The proposed rail alignment, as shown in , will be located within the median of I-15 freeway 

between Victor Valley and Rancho Cucamonga except at the approach to the proposed Rancho 

Cucamonga station. The rail alignment will be predominantly at-grade (the same elevation as the 

existing freeway), with select segments of the alignment on aerial structures or in a trench to allow for 

grade separations (including four BNSF Railway railroad crossings and three Union Pacific railroad 

crossings) and to provide a safe incline for train operation. The rail alignment will be predominantly 

single-track, with limited double-track segments in Victor Valley (2.6 miles, including 0.9 miles 

constructed as part of the approved DesertXpress Project), Hesperia (5.5 miles), and Rancho 

Cucamonga (2 miles). This will allow for 60-minute headways in the opening year between Victor 

Valley and Rancho Cucamonga. These headways along with the ability to couple trains (double 

passenger capacity), will address projected ridership needs for the foreseeable future. 

 Figure 1

3 July 2023 
 

 

 

For analytical purposes, the Build Alternative is described in sections. Sections were developed to 

reflect similarly developed areas with similar environmental sensitivity. The sections are represented 

in Figure 2 and include: 

• Section 1: High Desert - From the Victor Valley station, continuing south along I-15, to the I15/Oak Hill Road interchange in Hesperia 

• Section 2: Cajon Pass - From the Oak Hill Road interchange continuing south along I-15, 

through the Cajon Pass, to the I-15/Kenwood Avenue interchange 

• Section 3: Greater Los Angeles - From the I-15/Kenwood Avenue interchange in San 

Bernardino continuing south along I-15, through the existing Metrolink Station in Rancho 

Cucamonga to Haven Avenue 

July 2023 4 
Figure 1 Project Map 

5 July 2023 
Figure 2 Project Sections 

July 2023 6 
3.3 Selected Alternative 

FRA identified the Build Alternative as the Preferred Alternative in the EA. Based on the analysis in 

the EA, and consideration of public comments received during the comment period, FRA selects the 

Build Alternative for implementation. 

4 Affected Environment and Environmental Consequences 

In the EA, FRA defined the study area for the Project, and described the affected environment, 

regulatory setting, and the environmental consequences for the Project. The No Build Alternative 

served as a baseline against which to compare the impacts of the Build Alternative. Exhibit 2 

summarizes the potential long-term operations impacts and associated mitigation measures of the 

Selected Alternative and Exhibit 3 summarizes the temporary construction impacts of the Selected 

Alternative. Measures to mitigate the potential for adverse impacts are summarized in both tables, as 

warranted. The complete text of all environmental commitments, including mitigation measures, is 

included in Attachment A. 

7 July 2023 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit 2 

Summary of Operations Impacts and Mitigation 

Analysis Area 

Long-Term Operational Impacts of the 

Selected Alternative Mitigation 

Transportation The Rancho Cucamonga station will result in traffic 

impacts to three intersections that are projected to 

operate at unacceptable level of service during the 

2025 Opening Year conditions during peak periods 

and will also degrade the level of service at the 

Milliken Avenue/7th Street Intersection compared 

to the 2045 No Build scenario. 

Operation of the Project would increase demand 

for local transit at the Hesperia station, such that 

the hourly volume of passengers desiring to depart 

the station via bus will likely exceed the available 

bus capacity during any single hour. At the Rancho 

Cucamonga station, the Project will impact 

passengers utilizing regional rail on Sunday, when 

there is a 5-hour period in the late afternoon/early 

evening with only one train in each direction. 

Based on ridership estimates, parking at the 

Hesperia and Rancho Cucamonga stations will 

exceed the amount of existing and planned spaces 

at the station in the 2045 Horizon Year. 

During project design, Brightline West will 

coordinate with SBCTA, Caltrans, Rancho 

Cucamonga, and Hesperia to incorporate 

intersection improvements to lessen or avoid 

adverse impacts to traffic to the extent 

feasible, including optimizing signal timing to 

reflect changes in traffic flows in station areas 

during operation of the Project. 

Brightline West will coordinate with local 

transit agencies to identify opportunities to 

best serve the needs of transit users at the 

Hesperia and Rancho Cucamonga stations 

without significantly affecting other transit 

services. 

Brightline West will develop and implement a 

parking demand management plan prior to 

operation of the Project to manage increasing 

parking demand at the Hesperia and Rancho 

Cucamonga stations. 

Land Use and Community 

Facilities 

None None. 

Socioeconomic 

Environment 

None. None. 

Cultural Resources None. None. 

Aesthetics The Project would have a permanent impact on 

views of the San Gabriel and San Bernardino 

Mountains, as well as the Southern California 

Edison Boulder Dam-San Bernardino transmission 

lines from northbound I-15, looking north toward 

the split of northbound and southbound I-15 as it 

climbs toward the summit of Cajon Pass. 

During the design phase, Brightline West will 

design rail features, including bridge 

pillars/columns, raised tracks, trains, 

catenary structures, crash barriers, retaining 

walls, abutments, fencing, and embankments 

to blend with or represent the surrounding 

desert or urban environment. Features will be 

created or stained in muted desert colors. 

Bright colors and highly reflective materials 

will be avoided, as feasible. Project elements 

defined in the design process will include 

visual elements that contribute to a sense of 

place and a memorable experience for 

motorists, pedestrians, and rail passengers. 

Concrete will be embossed with patterns, 

where appropriate, that are indicative of the 

surrounding environment and that create a 

visual link between the railway features and 

their surroundings and will be similar in 

character to recent nearby freeway projects. 

Water Quality The Project will result in permanent increased 

impervious surface along the rail alignment and 

the proposed Hesperia station, which will increase 

the amount of stormwater runoff and nonpointsource pollution in some areas, affecting 48 

ephemeral or intermittent drainage features. 

To protect water quality, Brightline West will 

install permanent water quality treatment 

devices in accordance with the National 

Pollutant Discharge Elimination System 

(NPDES) permit obtained for the Project 

(Mitigation Measure WQ-7). 

Brightline West will redesign and resize the 

existing drainage features to accommodate 

July 2023 8 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Analysis Area 

Long-Term Operational Impacts of the 

Selected Alternative Mitigation 

the potential increase in runoff along the rail 

alignment. Additionally, stormwater treatment 

will be designed in accordance with the 

Caltrans Project Planning and Design Guide 

(PPDG). The 100-year, 24-hour storm event 

will be used to determine the appropriate size 

of drainage facilities need for the Project 

(Mitigation Measure WQ-8). 

Wetlands and Stream 

Areas 

During Project operation, railway crossings over 

Debris Cone Creek, Cajon Wash/Creek, and Lytle 

Creek will require new structures in the channels. 

All crossings will result in less than 0.1 acre of 

permanent fill. The Project will have no permanent 

impacts on the Mojave River itself, but a small 

portion (less than 0.01 acre) of wetlands 

associated with the Mojave River will be 

permanently impacted. 

Prior to construction, Brightline West will 

coordinate with USACE to obtain a 

jurisdictional determination for aquatic 

resources. If applicable, Brightline West will 

obtain any required permits and implement 

all required permit conditions. 

Floodplains None. None. 

Biological Resources Approximately 64 acres of native vegetation 

habitat types will be permanently converted to 

transportation uses by the Project. Permanent 

impacts occur in a wide variety of habitat types; 

most permanent impacts would occur in Desert 

Scrub habitats (37 acres). 

Brightline West will implement mitigation and 

compensation strategies identified during 

consultation with USFWS and documented in 

USFWS’ Biological Opinion. Brightline West 

will also obtain an Incidental Take Permit for 

Endangered Species Act (ESA)-listed 

species. Refer to Attachment A, for a list 

and description of Mitigation Measures BIO-1 

through BIO-57 

Geology, Soils, and 

Seismicity 

Seismic activity during operation could result in 

impacts related to surface fault rupture, ground 

shaking, and liquefaction because the Project 

alignment crosses or comes within 1,000 feet of 

four major faults: the Sierra Madre, the San 

Jacinto, the San Andreas, and the Cleghorn faults. 

Brightline West will hire qualified geologists 

and geotechnical engineers to conduct 

geotechnical investigations along the Project 

alignment for potential hazards related to 

geology, soils, seismicity. Brightline West will 

incorporate recommendations of the 

evaluation that avoid or minimize hazardous 

impacts and will be implemented prior to 

design and construction. Refer to 

Attachment A for a list and description of 

Mitigation Measures GEO-2 through GEO-8. 

Air Quality and Greenhouse 

Gas 

None. The Project will not result in exceedances of 

the de minimis thresholds for criteria pollutants in 

the applicable air basins. As ridership increases 

during the operation period, the Project will reduce 

emissions of both criteria pollutants and GHGs by 

providing an alternative to passenger car travel 

and reducing vehicle miles traveled within the 

South Coast Air Basin and Mojave Desert Air 

Basin, resulting in a beneficial impact to air quality 

and reductions in greenhouse gas emissions. 

None. 

Energy Resources None. None. 

Noise and Vibration None. None. 

9 July 2023 
 

 

 

 

 

 

 

Analysis Area 

Long-Term Operational Impacts of the 

Selected Alternative Mitigation 

Safety and Security None. None. 

Environmental Justice The Project will not result in disproportionately 

high and adverse human health or 

environmental effects on minority populations 

and low-income populations. 

None. 

Exhibit 3 

Summary of Construction-Period Impacts and Mitigation 

Analysis Area 

Temporary Construction-Related Impacts 

of the Selected Alternative Mitigation 

Transportation None. None. 

Land Use and Community Facilities None. None. 

Socioeconomic Environment None. None. 

Cultural Resources None. None. 

Aesthetics Changes in visual quality from construction will 

result from implementation of standard industry 

practices, including the use of temporary 

lighting, fences, barriers, stockpiling of 

materials, and the use of heavy equipment, and 

will result in temporary visual disturbances to 

natural visual resources. 

Brightline West will implement 

measures to minimize nighttime 

light spillover onto adjacent 

properties, to reduce glare for 

freeway motorists, and to prevent 

visible lighting overflow into the 

natural dark sky of the desert at 

night. Visual screening, such as 

fences, will be erected along 

construction and staging areas as 

appropriate. 

Landscaping and native 

vegetation that is cleared for 

temporary construction areas 

(TCA) will be replaced by 

Brightline West within one year of 

the completion of construction at 

any location along the alignment. 

July 2023 10 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Analysis Area 

Temporary Construction-Related Impacts 

of the Selected Alternative Mitigation 

Water Quality Construction of the Project will impact water 

quality from activities involving soil disturbance, 

excavation, cutting/filling, stockpiling, and 

grading. Grading could result in increased 

erosion and sedimentation of surface waters. 

Stormwater runoff from TCAs could contain 

sediment and other contaminants, and could 

carry contaminants to drainages, groundwater, 

and impaired water bodies. 

Brightline West will implement 

Best Management Practices 

(BMP) during construction and 

operation of the Project to 

minimize impacts on aquatic 

resources (Mitigation Measure 

WQ-1), comply with the statewide 

National Pollutant Discharge 

Elimination System (Mitigation 

Measure WQ-2), implement a 

stormwater pollution prevention 

program (SWPPP) (Mitigation 

Measure WQ-3), implement a spill 

prevention, control and 

countermeasures plan (SPCC) 

(Mitigation Measure WQ-4), locate 

TCAs to avoid key water features 

(Mitigation Measure WQ-5), and 

obtain water from existing, 

commercially available water 

sources (Mitigation Measure WQ6). 

Wetlands and Streams Construction of bridges over the Bell Mountain 

Wash, Mojave River, Brush Creek, Cleghorn 

Creek, Cajon Wash/Creek and Lytle Creek, will 

involve work in the Ordinary High Water Mark 

(OHWM). The Project may require temporary 

soil disturbance and vegetation clearing within 

the Mojave River riparian area and in and 

around other drainages along the corridor. 

Brightline West will contract with a 

qualified biologist, who will be on 

site prior to and during 

construction of the Project to 

identify and protect aquatic 

resources. The biologist will define 

the boundaries of the aquatic 

resources and will supervise the 

placement of exclusion fencing to 

protect those areas during all 

project activities. Additionally, a 

silt fence around the construction 

areas adjacent to aquatic 

resources will protect the 

resources, including waters of the 

United States (WOTUS), from 

runoff and spills associated with 

construction activities, if any. 

Aquatic resources that are 

affected by construction activities 

(e.g., clearing, ground 

disturbance) will be restored by 

Brightline West with native 

vegetation within one year of the 

completion of construction at any 

location along the alignment. 

Floodplains Project construction will involve the use of 

heavy, earth-moving equipment in the 

floodplains of the Mojave River and Lytle Creek, 

and near the floodplains of Etiwanda Channel 

and Hawker-Crawford Channel Construction 

activities within floodplains will likely result in 

temporary impacts such and minor erosion and 

runoff on floodplains. 

Brightline West will implement 

BMPs prior to construction to 

minimize the temporary effects on 

floodplains, and construction 

equipment and materials will not 

be stored within the floodplain. 

Brightline West will return any 

temporary effects on floodplains to 

preconstruction conditions. 

11 July 2023 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Analysis Area 

Temporary Construction-Related Impacts 

of the Selected Alternative Mitigation 

Biological Resources Construction of the project would have 

temporary impacts on approximately 2,206 

acres of various types of wildlife habitat. The 

most common habitat types would be Urban 

(1,787 acres), Desert Scrub (168 acres), and 

Mixed Chaparral (128 acres). Construction 

impacts would include disturbance of vegetation 

and soils, construction noise, hydrologic 

modifications, facilitation of invasive species, 

and changes in habitat elements that increase 

or decrease populations of predators or prey 

species. 

Brightline West will implement 

mitigation and compensation 

strategies identified during 

consultation with USFWS and 

documented in USFWS’ Biological 

Opinion. Brightline West will also 

obtain an Incidental Take Permit 

for ESA-listed species. Refer to 

Attachment A, for a list and 

description of Mitigation Measures 

BIO-1 through BIO-57. 

Geology, Soils, and Seismicity Construction of the Project may result in impacts 

related to ground fissures due to pile driving. 

Brightline West will retain qualified 

geologists and geotechnical 

engineers to conduct geotechnical 

investigations along the Project 

alignment for potential hazards 

related to geology, soils, 

seismicity. Recommendations of 

the evaluation that avoid or 

minimize hazardous impacts will 

be implemented prior to design 

and construction (Mitigation 

Measure GEO-1). 

Air Quality and Greenhouse Gas Construction of the Project will temporarily 

generate emissions of both criteria pollutants 

and GHGs. However, the Project will not result 

in exceedances of the de minimis thresholds for 

criteria pollutants in the applicable air basins. 

The Project will result in short-term increases in 

GHG emissions from construction activities. 

Prior to construction activities, 

Brightline West will develop and 

implement a fugitive dust control 

plan and utilize additional means 

to reduce construction period 

emissions of air pollutants, such 

as solar powered signal boards. 

Energy Resources None. None. 

Noise and Vibration Construction of the Project will result in shortterm noise impacts to resources due to elevated 

noise levels associated with construction 

activities, including construction equipment, 

diesel engines, impact pile driving and 

jackhammering. 

Brightline West will require the 

contractors to prepare a detailed 

Noise Control Plan (Mitigation 

Measure NOI-1) in coordination 

with a qualified noise monitor prior 

to construction. Brightline West 

will comply with all applicable local 

noise regulations to minimize 

temporary construction noise and 

vibration impacts (Mitigation 

Measure NOI-2). 

Hazardous Materials Construction of the Project may result in the 

release of hazardous materials through 

disturbance of identified hazardous materials 

sites and using hazardous materials, either of 

which may result in impacts on human health. 

There is also the potential to encounter 

previously unidentified hazardous materials 

along the Project footprint. 

Brightline West will prepare a 

Hazardous Materials Management 

Plan (HMMP) prior to application 

for permits for demolition, grading, 

or construction, as required by the 

State of California (Mitigation 

Measure HAZ-1). The HMMP shall 

be reviewed and approved by 

either the office of the State Fire 

Marshall or the San Bernardino 

County Certified Unified Program 

Agency (CUPA). Activities 

identified in the HMMP will be 

implemented by Brightline West 

throughout the construction 

period. 

July 2023 12 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

5 Section 106 Determination 

Analysis Area 

Temporary Construction-Related Impacts 

of the Selected Alternative Mitigation 

Safety Construction of the Project will involve use of 

heavy equipment on site, earthwork, and other 

major construction activities, including the 

transportation of overweight and oversized 

materials. Throughout construction, workers and 

nearby community members could be exposed 

to hazards, which could affect human health or 

present to safety from construction site hazards 

and accidents, associated with construction site 

equipment and activities. 

Project construction could temporarily increase 

fire risks in the high fire hazard severity zones 

(FHSZ) due to the storage and use of flammable 

or combustible materials, operation of vehicles 

and heavy machinery. 

The Rancho Cucamonga and Hesperia stations 

will not be located within FSHZ zones. 

Brightline West will implement 

construction safety requirements 

during construction, per regulatory 

requirements, including California 

Division of Occupational Safety 

and Health (Cal OSHA) 

Construction Safety Orders and 

California Public Utilities 

Commission (CPUC) General 

Order No. 176. 

Environmental Justice The Project will not result in disproportionately 

high and adverse human health or 

environmental effects on minority populations 

and low-income populations. 

None. 

FRA completed consultation in accordance with Section 106 of the National Historic Preservation Act 

and its implementing regulations (36 CFR Part 800), which require Federal agencies to: 1) take into 

account the effects of their undertakings on historic properties that are listed in, or meet the eligibility 

criteria for listing in, the National Register of Historic Places (NRHP); and 2) afford the Advisory Council 

on Historic Preservation (ACHP) and the State Historic Preservation Office (SHPO) a reasonable 

opportunity to comment. Section 106 also requires that agency officials work with SHPO to identify 

parties to participate in the Section 106 process (consulting parties). Consulting parties may include, 

but are not limited to, local governments, federally-recognized Native American tribes, and individuals 

and organizations with a demonstrated interest in a project. 

FRA sent information about the Project to Chairpersons for the Chemehuevi Indian Tribes, the 

Colorado River Indian Tribes, the Morongo Band of Mission Indians, the Soboba Band of Luiseno 

Indians, and Twenty-Nine Palms Band of Mission Indians as well as to the Tribal Historic Preservation 

Officers (THPOs) for the Colorado River Indian Tribes, Morongo Band of Mission Indians, San 

Fernando Band of Mission Indians, Soboba Band of Luiseno Indians, Twenty-Nine Palms Band of 

Mission Indians, and identified tribal contacts for the Yuhaaviatam of San Manuel Nation. FRA, as lead 

Federal agency responsible for Section 106 compliance for the Project, extended invitations to local 

preservation groups, local planning agencies, neighborhood associations, and other organizations to 

participate in consultation. The following entities agreed to be consulting parties for the Project’s 

Section 106 consultation process: ACHP, Brightline West, Caltrans, City of Fontana, City of Ontario, 

City of Rancho Cucamonga, City of Rialto, City of Victorville, FHWA, STB, USACE, and the United 

States Forest Service. 

Identification and evaluation of historic properties and assessment of effects was conducted within the 

Area of Potential Effect (APE) in accordance with the requirements of 36 CFR part 800. Because no 

NRHP-eligible resources were identified in the portion of the APE where ground-disturbing activities 

will occur, and because eligible resources outside of that area would be sufficiently distant from 

construction activities that no noise or vibration impacts are anticipated, FRA concluded that the 

Project would have no adverse effects on NRHP-eligible or listed historic properties. On May 22, 2023 

the California SHPO did not object to FRA’s finding of no adverse effect for the Project. FRA issued 

13 July 2023 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

the final Finding of Effect reporting and documentation of FRA’s finding of no adverse effect for the

Project on June 30, 2023 to all consulting parties. 

FRA acknowledges that properties may be identified within the APE as the Project progresses, such 

as previously unidentified historic properties, historic properties (including Traditional Cultural 

Landscapes and Traditional Cultural Properties) with previously unknown or undocumented eligibility 

under the NRHP criteria, or cultural resources that have recently reached the age threshold for 

consideration for eligibility for listing in the NRHP. In the event previously unknown potential historic 

properties are identified or unanticipated effects from the Project on known historic properties are 

found, FRA would address them under the post-review discoveries process at 36 CFR § 800.13(b). 

FRA considered developing a Programmatic Agreement (PA) to govern any future changes to the 

APE and the potential for additional identification of historic properties and assessment of effects that 

may result from changes to the APE. However, coordination with the Project Sponsor indicates that 

the Project design has progressed such that changes to the APE are not expected. As a result, FRA 

determined a PA is unnecessary. Any changes to the APE or design changes from the Project that 

may result in new or different types of effects to known historic properties would be addressed by FRA 

under re-initiation of Section 106 compliance steps under 36 CFR § 800.4 through § 800.6. 

6 Section 4(f) Determination 

Section 4(f) of the United States Department of Transportation Act (USDOT Act) of 1966 (Section 4(f)) 

applies to all publicly owned parks, recreation areas, wildlife and/or waterfowl refuges, and significant 

historic sites, whether publicly or privately owned. Section 4(f) requirements apply to all transportation 

projects funded or approved by USDOT. As a USDOT agency, FRA must comply with Section 4(f). 

FRA cannot approve a Project that would use a Section 4(f) resource unless it determines there is no 

other feasible and prudent alternative and the project incorporates all possible planning to minimize 

harm, or FRA determines the impact to the resource is de minimis. Use of a Section 4(f) property 

occurs: (1) when land is permanently incorporated into a transportation project; (2) when there is a 

temporary occupancy of land that is adverse in terms of the statute's preservation purpose; or (3) 

when there is a constructive use (a project's proximity impacts are so severe that the protected 

activities, features, or attributes of a property are substantially impaired). 

Pursuant to the requirements of Section 4(f), and consistent with 23 CFR Part 774, the EA included a 

Draft Section 4(f) Evaluation. FRA made the Draft Section 4(f) Evaluation available for public and 

agency review and comment on October 28, 2022, concurrent with the EA. FRA received no public 

comments regarding the Draft Section 4(f) Evaluation. FRA based the Draft Section 4(f) Evaluation on 

preliminary identification and evaluation of historic properties and assessment of effects that had 

occurred within the APE. Further evaluation following the Draft Section 4(f) Evaluation determined the 

Project would have no adverse effect on historic resources, and subsequently the California SHPO 

did not object to this finding on May 22, 2023. 

At this time, FRA has not identified a potential use of any resource protected under Section 4(f). 

Therefore, the Project as designed and with application of avoidance, minimization, and mitigation 

measures discussed in the Draft EA, would not result in the use of any Section 4(f) resource. Additional 

measures to minimize harm are not warranted, nor required, in order to avoid a Section 4(f) use. FRA 

determined a Final Section 4(f) Evaluation is not required, due to no potential use of any resource 

protected under Section 4(f). 

7 Section 7 Determination 

Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.) 

requires federal agencies to consult with the appropriate resource protection agency to ensure that 

the actions they fund, authorize, permit, or otherwise carry out will not jeopardize the continued 

existence of any federally-listed species or adversely modify designated critical habitats. In compliance 

July 2023 14 
 

 

 

 

 

 

 

 

 

with this requirement, FRA prepared a Biological Assessment (BA) to analyze the effects of the project 

on the San Bernardino kangaroo rat (Dipodomys merriami parvus; SBKR) and its designated critical 

habitat, least Bell’s vireo (Vireo bellii pusillus; vireo), arroyo toad (Anaxyrus californicus [Bufo 

microscaphus c.]) and its designated critical habitat, Santa Ana River woolly-star (Eriastrum 

densifolium ssp. sanctorum), and slender-horned spineflower (Dodecahema leptoceras). FRA 

provided the BA and requested formal consultation with the United States Fish and Wildlife Service 

(USFWS) on July 15, 2022. 

After review of the BA and consultation with FRA, USFWS issued a Biological Opinion (BO) on April 

6, 2023 stating their determination that the project is not likely to jeopardize the continued existence 

of the SBKR, arroyo toad, least Bell’s vireo or adversely modify arroyo toad or SBKR critical habitats.

USFWS also concurred with FRA’s finding that the project would not be likely to adversely affect the 

federally threatened desert tortoise (Gopherus agassizii), Yellow-billed Cuckoo (Coccyzus 

americanus), coastal California gnatcatcher (Polioptila californica; gnatcatcher), the federally 

endangered Southwestern willow flycatcher (Empidonax traillii extimus), Santa Ana River woolly-star 

and the slender-horned spineflower or their designated critical habitat. 

8 Environmental Commitments 

As described in the sections above, FRA has identified measures required to avoid, minimize, and 

mitigate environmental impacts of the Project. Attachment A, itemizes the specific avoidance, 

minimization, and mitigation commitments that Brightline West is required to implement as part of the 

Project. The exhibit incorporates commitments that are new since publication of the EA, including 

commitments related to the new elements of the Selected Alternative described in Section 3.3 of this 

FONSI and new commitments added in response to public comments. 

If FRA provides funding to construct the Project, the environmental commitments listed in Attachment 

A will be incorporated into the applicable funding agreement and implemented by the recipient of 

federal funds. FRA will monitor compliance with these measures through FRA’s oversight of the 

funding agreement. Other federal agencies may also incorporate these commitments as conditions of 

applicable authorizations, approvals and permits. 

9 Public and Agency Coordination 

Throughout the NEPA process, FRA solicited input on the Project from several government and 

transportation agencies including but not limited to: USACE, FHWA, STB, Yuhaaviatam of San Manuel 

Nation, and other Federal, state, and local government entities. Extensive coordination was conducted 

among FRA and Brightline West prior to publication of the EA. 

The EA was distributed for a 30-day public and agency review and comment period October 28, 2022, 

and November 28, 2022. A notice of availability of the EA was distributed via email and postcard to 

the Project mailing list and local residents in the Project area. The EA was available on FRA’s website

and Regulations.gov. and its availability was advertised in the Rancho Cucamonga Daily Bulletin, The 

Sun, and Victor Valley News. FRA held virtual public meetings on the EA on November 12, 2022, and 

November 15, 2022. The comment period remained open until 5:00 PM on November 28, 2022. 

10 Public and Agency Comments 

Public and agency comments received on the EA are provided in Attachment D, “Comments 

Received on the EA,” and summaries of the comments with FRA’s responses to those comments 

are provided in Attachment C, “Summary of and Responses to Comments Received on the EA.”

28 comments were received on the Draft EA, including 6 in the form of verbal testimony via the public 

hearings. Comments received on the EA generally expressed support of the Project, asked for 

clarifications on mitigation measures, inquired about coordination with local agencies, or noted 

concern regarding traffic and transportation impacts. 

15 July 2023