4. Environmental Review

The County is the lead agency for this project under the California Environmental Quality Act (CEQA), Pub. Res. Code § 21000 et seq. The County offered evidence to show that on March 17, 2006, it filed a Notice of Exemption for work at the proposed new crossing. The notice concludes that construction of a pedestrian walkway is classified as a minor alteration to land and is categorically exempt from CEQA review under § 21084 and CEQA Guideline 15301(c). The exemption was filed with the County Clerk and was available for public review for 30 days.

The Commission is a CEQA responsible agency, as defined in Pub. Res. Code § 21069, for the project. To comply with CEQA, a responsible agency must consider the lead agency's Environmental Impact Report or Negative Declaration prior to acting upon or approving the project. (CEQA Guidelines §§ 15050, 15096.)

In this case, the lead agency has determined that the project is exempt from CEQA. We are aware of no reason why the determination of exemption for the project is not warranted. We find the Notice of Exemption adequate for our decision-making purposes. Accordingly, we concur in the County's determination that the project is exempt from CEQA.