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Notice of Final Federal Agency Action on Proposed Highway in Arizona

American Government Special Collections Reference Desk

American Government

Notice of Final Federal Agency Action on Proposed Highway in Arizona

Karla S. Petty
Federal Highway Administration
20 November 2017

[Federal Register Volume 82, Number 222 (Monday, November 20, 2017)]
[Pages 55152-55153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25069]



Federal Highway Administration

Notice of Final Federal Agency Action on Proposed Highway in 

AGENCY: Federal Highway Administration (FHWA); DOT; U.S. Army Corps of 
Engineers (USACE).

ACTION: Notice of limitation on claims for judicial review of actions 
by the USACE.


SUMMARY: The FHWA is issuing this notice to announce action taken by 
the USACE that are final within the meaning of the United States Code. 
The action relates to the construction of the South Mountain Freeway/
Loop 202 Project (Project) in Maricopa County, in the Phoenix 
Metropolitan Area, in the State of Arizona. The USACE granted a 
Department of the Army permit, pursuant to Section 404 of the Clean 
Water Act, as amended, authorizing the Arizona Department of 
Transportation (AZDOT) to discharge dredged or fill material into 
Waters of the United States at specified locations related to the 

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 identified Federal agency action related to the Project will be 
barred unless the claim is filed on or before April 19, 2018. 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 FHWA: Mr. Alan Hansen, Team Leader Planning, Environment, Air 
Quality, and Realty Team, Federal Highway Administration, 4000 N. 
Central Avenue, Suite 1500, Phoenix, Arizona 85012-3500; telephone: 
(602) 379-3646, fax: (602) 382-8998, email: Alan.Hansen@dot.gov. The 
FHWA Arizona Division Office's normal business hours are 7:30 a.m. to 4 
p.m. (Mountain Standard Time).
    For USACE: Department of the Army, Los Angeles District, U.S. Army 
Corps of Engineers Regulatory Division, Attn: David Castanon, 
Regulatory Division Chief, 915 Wilshire Blvd., Los Angeles, CA 90017; 
email: david.j.castanon@usace.army.mil; telephone: (213) 452-3406.
    For AZDOT: Julie Gadsby, Asst. District Engineer, Arizona 
Department of Transportation, 2140 Hilton Ave., Phoenix, AZ 85009; 
email: jgadsby@azdot.gov; telephone: (602) 712-7677.

SUPPLEMENTARY INFORMATION: Notice is hereby given that USACE has taken 
final agency action by issuing certain approval related to the Project. 
The action related the Project, as well as the laws under which such 
actions were taken, are described in the Department of the Army Permit 
and related documents in the USACE administrative record for the permit 
action. Interested parties may contact the USACE Los Angeles District 
Regulatory Division Office for more information on the USACE's permit 
decision. Contact information for the appropriate USACE representative 
is above.
    This notice applies to all claims seeking judicial review of the 
Department of the Army permit, and all laws under which such action was 
taken, including, but not limited to the National Environmental Policy 
Act [42 U.S.C. 4321-4375], the Clean Water Act and the Federal Water 
Pollution Control Act [33 U.S.C. 1251-1388]. This notice does not, 
however, alter or extend the limitations period for challenges of 
Project decisions subject to the Federal Highway Administration notice 
regarding the Project published in the Federal Register on March 5, 
2015 pursuant to Section 139 of Title 23 United States Code.
    The Project and actions that are the subject of this notice are:
    Project name and location: South Mountain Freeway/Loop 202, 
Maricopa County, AZ.
    Project Sponsor: The Arizona Department of Transportation (AZDOT).
    Project description: The Project includes the construction and 
operation of a 22-mile, eight-lane highway connecting Interstate 10 
(Papago Freeway) to Interstate 10 (Maricopa Freeway). The Project 
begins in the Eastern portion at the intersection of Interstate 10 and 
State Route 202 near 41st Street in Chandler Arizona and continues 
generally westward along the existing Pecos Road, bordering the Gila 
River Indian Community's lands. The Project continues through a portion 
of the South Mountain Park/Preserve, as it turns north, roughly 
following 59th Avenue until it connects to Interstate 10 just north of 
Van Buren Street. Portions of the Project will pass through Laveen and 
Estrella villages in the west and will border both the Desert Foothills 
and Ahwatukee communities in the East. The Project includes 
approximately 15 interchanges, including two direct connections to 
Interstate 10 East and Loop 202 (Santan Freeway), in addition to a 
shared-use path, multi-use underpass crossings, a pedestrian bridge 
near Elwood Street, and two 2,700 foot long bridge crossings of the 
Salt River, as well as widening and improvements to Interstate 10 East.
    Final agency actions: Department of the Army permit issued pursuant 
to Section 404 Clean Water Act effective November 9, 2017.
    Supporting documentation: USACE Record of Decision issued November 
9, 2017.
    The USACE decision and permit No. SPL-2202-00055 are available by 
contacting USACE at the address provided above, and can be viewed and 
downloaded from http://www.spl.usace.army.mil/Missions/Regulatory/Projects-Programs/.
    This notice applies to all Federal agency decisions as of the 
issuance date of this notice and all laws under which the final action 
was taken, including but not limited to:
    1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 
    2. Air: Clean Air Act [42 U.S.C. 7506(c)].

[[Page 55153]]

    3. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536], Fish and Wildlife Coordination Act [16 U.S.C. 661-
667(d)], Migratory Bird Treaty Act [16 U.S.C. 703-712].
    4. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [54 U.S.C. 306108 et 
    5. 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. 
    6. Water: Clean Water Act [33 U.S.C. 1251-1387].
    7. 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. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; 
E.O. 13175 Consultation and Coordination with Indian Tribal 
Governments; 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. 139(l)(1).

    Issued on: November 14, 2017.
Karla S. Petty,
Division Administrator.
[FR Doc. 2017-25069 Filed 11-17-17; 8:45 am]

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