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County to Appeal Caltrans NEPA Determination for Smithneck Road Rehabilitation

July 15, 2025 | Sierra County, California


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County to Appeal Caltrans NEPA Determination for Smithneck Road Rehabilitation
Brian Davies, Sierra County public works director, told the Board of Supervisors that the county will appeal a Caltrans/NEPA decision that requires additional archaeological work for the Smithneck Road Rehabilitation project.

Davies said the county received proposals for an additional archaeological assessment that he summarized as “$185,000,” and that Caltrans District 3 — acting under Federal Highway Administration (FHWA) delegation to process NEPA — is requiring what Davies called expanded work beyond the project’s disturbed footprint. “We did get the proposals back to do the additional work that would be required for the archeological assessment part, the $185,000,” he said. “We'd like to see if there's an opportunity to press forward with the project without doing the additional archaeological work that they think is necessary.”

The county’s project, as presented, repaves and restripes an already disturbed roadway and adds bike lanes within the existing paved footprint. Davies said the county believes the proposed scope does not expand ground disturbance and therefore does not justify the broader archaeological evaluation Caltrans is asking for. He said the county has contacted the local federally recognized tribal representatives and described them as "happy with the work we've done" but that Caltrans is treating the location as an ancient settlement area that warrants a more intensive NEPA-level evaluation.

Board members asked clarifying questions about who is requesting the additional work. Davies explained that Caltrans District 3’s NEPA branch, which has FHWA-delegated authority, is making the determination and that the county will file an appeal with Caltrans. He said the county is also exploring rescoping options to limit disturbance to the existing paved footprint and noted that, with current funding, the county could complete the segment between the highway and Antelope Valley Road — a change that would avoid construction through Sierra Brooks and reduce immediate scope.

Davies also told the board the county would monitor construction and document any finds if excavation uncovers archaeological materials. “If we do find something when we're doing the actual work, we take it; we have people there to watch it,” Davies said. He added that many finds are in previously disturbed material within the roadbed and that the county expects to re-bury documented items in place after they are recorded.

The Board did not take a formal vote on the appeal at the meeting; Davies said the county will pursue the appeal with Caltrans and will discuss the item at the Transportation Commission as the project’s programming requires.

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