Notice of Final Federal Agency Actions on Proposed Highway in North Carolina |
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Clarence W. Coleman
Federal Highway Administration
November 22, 2013
[Federal Register Volume 78, Number 226 (Friday, November 22, 2013)]
[Notices]
[Pages 70093-70094]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27918]
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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 Limitations on Claims for Judicial Review of Actions
by FHWA and Other Federal Agencies.
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SUMMARY: This notice announces action taken by the FHWA and other
Federal Agencies that is final within the meaning of 23 U.S.C.
139(l)(1). This final agency action relates to a proposed highway
project, Bonner Bridge Replacement Project along NC 12, from Rodanthe
to Bodie Island in Dare County, North Carolina. The FHWA's Record of
Decision (ROD) identifies the Bridge within the Existing NC 12 Easement
Alternative as the selected alternative for Phase IIa of the Bonner
Bridge Replacement 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 filed on or before April 21, 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: For FHWA: Clarence W. Coleman, P. E.,
Director of Preconstruction and Environment, Federal Highway
Administration, North Carolina Division, 310 New Bern Avenue, Suite
410, Raleigh, North Carolina 27601-1418; Telephone: (919) 747-7014;
email: clarence.coleman@dot.gov. FHWA North Carolina Division Office's
normal business hours are 8 a.m. to 5 p.m. (Eastern Time). For the
North Carolina Department of Transportation (NCDOT): Richard Hancock,
P.E., Environmental Director, Project Development and Environmental
Analysis, North Carolina Department of Transportation (NCDOT), 1 South
Wilmington Street (Delivery), 1548 Mail Service Center, Raleigh, North
Carolina 27699-1548; Telephone (919) 707-6000, RWHancock@ncdot.gov
NCDOT--Project Development and Environmental Analysis Branch Office's
normal business hours are 8 a.m. to 5 p.m. (Eastern Time).
SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken
final agency action by issuing a Record of Decision (ROD) for the
following highway project in the State of North Carolina: Pea Island
Long-Term Improvements for Phase IIa of the Bonner Bridge Replacement
Project along Highway NC 12 in Dare County, North Carolina. The project
is also known as State Transportation Improvement Program (STIP)
Project B-2500A, and is part of the second phase (Phase IIa) of the
Parallel Bridge Corridor/Transportation Management Plan (PBC/TMP),
which was identified as the selected alternative for Phase I of the
Bonner Bridge Replacement Project (STIP No. B-2500) in the Record of
Decision (ROD) approved by FHWA on December 20, 2010. The NC 12 PBC/TMP
addresses the length of the entire project for STIP No. B-2500, from
the Village of Rodanthe to Bodie Island. The TMP is guiding the
implementation of future phases of the project through 2060.
Located along the Outer Banks of North Carolina, the selected
alternative for Phase IIa proposes to construct a bridge in the
existing NC 12 easement approximately 2.1 miles in length to replace
the existing surface road and the temporary bridge over the Pea Island
inlet. The total approximate length of Phase IIa (including approaches)
is 2.4 miles. Pea Island inlet formed as a result of Hurricane Irene in
August 2011.
The FHWA's action, related actions by other Federal agencies and
the laws under which such actions were taken, are described in the
Final Environmental Impact Statement (FEIS)/Final Section 4(f)
Evaluation for the project, approved on September 17, 2008; the Revised
Final Section 4(f) Evaluation, approved on October 9, 2009; the
Environmental Assessment, approved on May 7, 2010; the FHWA ROD
approved on December 20, 2010, for Phase I and the PBC/TMP for the
remainder of the project; the Phase IIa Environmental Assessment,
approved February 12, 2013; the FHWA ROD for Phase IIa approved on
October 7, 2013, and other documents in the project file. The above
documents are available for review by contacting the FHWA or the NCDOT
at the addresses provided above. In addition, these documents can be
viewed and downloaded from the project Web site at http://
www.ncdot.gov/projects/
[[Page 70094]]
bonnerbridgereplace/. This notice applies to all Federal agency
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 U.S.C.
4321- 4351]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
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]; Coastal Barrier Resources Act [16 U.S.C. 3501-
3510].
4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; Marine
Mammal Protection Act [16 U.S.C. 1361-1407]; 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 [16
U.S.C. 703-712]; Magnuson-Stevenson Fishery Conservation and Management
Act [16 U.S.C. 1801 et. seq.], National Wildlife Refuge System
Administration Act [16 U.S.C. 668dd-ee] as amended, and the Refuge
Recreation Act [16 U.S.C. 460k-460k-4].
5. Historic and Cultural Resources: Section 106 of the National
Historic Preservation Act of 1966 [16 U.S.C. 470(f)].
6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C.
2000(d)- 2000(d)(1)].
7. Wetlands and Water Resources: Clean Water Act (Section 404,
Section 401, Section 319) [33 U.S.C. 1251-1377]; Coastal Barrier
Resources Act [16 U.S.C. 3501-3510]; Coastal Zone Management Act [16
U.S.C. 1451-1465]; 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)]; Rivers and Harbors Act of 1899 [33 U.S.C. 401-406]; Wild
and Scenic Rivers Act [16 U.S.C. 1271-1287]; Emergency Wetlands
Resources Act [16 U.S.C. 3921, 3931]; TEA-21 Wetlands Mitigation [23
U.S.C. 103(b)(6)(m), 133(b)(11)]; 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; 42 U.S.C.
11011 et seq.); 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. 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; and E.O. 13186--Responsibilities
of Federal Agencies to Protect Migratory Birds.
This notice does not apply to those pending environmental
permitting decisions.
(Catalog of Federal Domestic Assistance Program Number 20.205,
Highway Research, 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 13, 2013.
Clarence W. Coleman,
Director of Preconstruction and Environment, Raleigh, North Carolina.
[FR Doc. 2013-27918 Filed 11-21-13; 8:45 am]
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