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Notice of Final Federal Agency Actions on Proposed Highway in North Carolina


American Government

Notice of Final Federal Agency Actions on Proposed Highway in North Carolina

George W. Hoops, P.E.
Federal Highway Administration
July 11, 2014


[Federal Register Volume 79, Number 133 (Friday, July 11, 2014)]
[Notices]
[Pages 40191-40192]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15744]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
North Carolina

AGENCY: Federal Highway Administration (FHWA), DOT

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA and Other Federal Agencies.

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SUMMARY: This notice announces actions taken by the FHWA and other 
Federal agencies that are final within the meaning of 23 U.S.C. 139 
(l)(1). The actions relate to a proposed highway project, the Monroe 
Connector Bypass, a controlled-access toll road extending from US 74 
near I-485 in Mecklenburg County to US 74 between the towns of Wingate 
and Marshville in Union County, North Carolina. Those actions grant 
licenses, permits, and approvals for the project.

DATES: By this notice, the FHWA is advising the public of final agency 
actions subject to 23 U.S.C. 139 (l)(1). A claim seeking judicial 
review of the Federal agency actions on the highway project will be 
barred unless the claim is filled on or before December 4, 2014. If the 
Federal law that authorizes judicial review of a claim provides a time 
period of less than 150 days for filing such claim, then that shorter 
time period still applies.

FOR FURTHER INFORMATION CONTACT: Mr. George W. Hoops, P.E., Major 
Projects Engineer, Federal Highway Administration, 310 New Bern Avenue, 
Suite 410, Raleigh, North Carolina 27601-1418; Telephone: (919) 747-
7022; email: george.hoops@dot.gov. FHWA North Carolina Division 
Office's normal business hours are 8 a.m. to 5 p.m. (Eastern Standard 
Time). Mr. Richard W. Hancock, P.E., Project Development and 
Environmental Analysis Branch Manager, North Carolina Department of 
Transportation (NCDOT), 1548 Mail Service Center, Raleigh, North 
Carolina 27699-1548; Telephone (919) 707-6000, email: 
rwhancock@dot.state.nc.us. NCDOT--Project Development and Environmental 
Analysis Branch Office's normal business hours are 8 a.m. to 5 p.m. 
(Eastern Standard Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions subject to 23 
U.S.C. 139 (l)(1) by issuing licenses, permits, and approvals for the 
following highway project in the State of North Carolina: Monroe 
Connector/Bypass, Federal Aid No. STP-NHF-74(90), from US 74 near I-485 
in Mecklenburg County to US 74 between the towns of Wingate and 
Marshville in Union County, North Carolina. The project is also known 
as State Transportation Improvement Program (STIP) Projects R-3329 and 
R-2559. The project is an approximately 20-mile long, multi-lane, fully 
access-controlled, new location toll road. The project follows existing 
US 74 for approximately one mile from just east of I-485 to east of 
Stallings Road (SR 1365) and then proceeds eastward on a new location 
alignment from east of Stallings Road to the project terminus at 
existing US 74 between the towns of Wingate and Marshville.
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Combined Final Supplemental 
Final Environmental Impact Statement (EIS) and Record of Decision 
(ROD), approved on May 15, 2014, and in other documents in the FHWA 
administrative record. The Final Supplemental Final EIS/ROD and other 
documents in the FHWA administrative record file are available by 
contacting the FHWA or NCDOT at the addresses provided above. The Final 
Supplemental Final EIS/ROD can be viewed and downloaded from the 
project Web site at http://www.ncdot.gov/projects/monroeconnector/projectResources.html. A final decision regarding Section 404 permits 
for this project has not yet been made. This notice, therefore, does 
not apply to the Section 404 permitting process for this project. This 
notice applies to all Federal agency actions and decisions as of the 
issuance date of this notice and all laws under which such actions were 
taken, including but not limited to:
    1. General: National Environmental Policy Act (NEPA) [42 USC 4321-
4351]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers) 
[23 U.S.C. 319].
    4. Wildlife: Endangered Species Act [16 USC 1531-1544 and Section 
1536], Marine Mammal Protection Act [16 U.S.C. 1361], Anadromous Fish 
Conservation Act [16 U.S.C. 757(a)-757(g)], Fish and Wildlife 
Coordination Act [16 U.S.C. 661-667(d)], Migratory Bird Treaty Act 
(MBTA) [16 U.S.C. 703-712], Magnuson-Stevenson Fishery Conservation and 
Management Act of 1976, as amended [16 U.S.C. 1801 et seq.].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq.]; Archeological Resources Protection Act of 1977 (ARPA) [16 U.S.C. 
470(aa)-470(II)]; Archeological and Historic Preservation Act (AHPA) 
[16 U.S.C. 469-469(c)]; Native American Grave Protection and 
Repatriation Act (NAGPRA) [25 U.S.C. 3001-3013].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 
1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].
    7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319)]; Land and Water 
Conservation Fund (LWCF) [16 U.S.C. 4601-4604]; Safe Drinking Water Act 
(SDWA) [42 U.S.C. 300(f)-300(j)(6)]; Wild and Scenic Rivers Act [16 
U.S.C. 1271-1287]; Emergency Wetlands Resources Act [16

[[Page 40192]]

U.S.C. 3921, 3931]; Wetlands Mitigation [23 U.S.C. 119(g)]; Flood 
Disaster Protection Act [42 U.S.C. 4001-4128].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601-9675]; 
Superfund Amendments and Reauthorization Act of 1986 (SARA); Resource 
Conservation and Recovery Act (RCRA) [42 U.S.C. 6901-6992(k)].
    9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; E.O. 12898, Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations; E.O. 11593 Protection and Enhancement of Cultural 
Resources; E.O. 11514 Protection and Enhancement of Environmental 
Quality; E.O. 13112 Invasive Species.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation on 
Federal programs and activities apply to this program.)

    Authority: 23 U.S.C. Sec.  139 (l)(1)

    Issued on: June 26, 2014.
George W. Hoops, P.E.,
Major Project Engineer, Raleigh, North Carolina.
[FR Doc. 2014-15744 Filed 7-10-14; 8:45 am]
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