Notice of Final Federal Agency Actions on Proposed Highway in Indiana |
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Richard J. Marquis
Federal Highway Administration
August 27, 2013
[Federal Register Volume 78, Number 166 (Tuesday, August 27, 2013)]
[Notices]
[Pages 52999-53001]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20869]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on Proposed Highway in
Indiana
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of Limitation on Claims for Judicial Review of Actions
by FHWA and United States Fish and Wildlife Service (USFWS), DOI.
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SUMMARY: This notice announces actions taken by the FHWA and the USFWS
that are final within the meaning of 23 U.S.C. 139(l)(1). The actions
relate to proposed highway projects for a 21 mile segment of I-69 in
the Counties of Monroe and Morgan, State of Indiana, and grant
licenses, permits, and approvals for the project.
DATES: By this notice, the FHWA is advising the public that the FHWA
and the USFWS have made decisions that are subject to 23 U.S.C.
139(l)(1) and are final within the meaning of that law. A claim seeking
judicial review of those Federal agency decisions on the proposed
highway project will be barred unless the claim is filed on or before
January 24, 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 the shorter time period applies.
FOR FURTHER INFORMATION CONTACT: For the FHWA: Ms. Michelle Allen,
Federal Highway Administration, Indiana Division, 575 North
Pennsylvania Street, Room 254, Indianapolis, IN 46204-1576; telephone:
(317) 226-7344; email: Michelle.Allen@dot.gov. The FHWA Indiana
Division Office's normal business hours are 7:30 a.m. to 4 p.m., e.t.
For the USFWS: Mr. Scott Pruitt, Field Supervisor, Bloomington Field
Office, USFWS, 620 South Walker Street, Bloomington, IN 47403-2121;
telephone: (812) 334-4261; email: Scott_Pruitt@fws.gov. Normal
business hours for the USFWS Bloomington Field Office are: 8 a.m. to
4:30 p.m., e.t. You may also contact Mr. Thomas Seeman, Project
Manager, Indiana Department of Transportation (INDOT), 100 North Senate
Avenue, Indianapolis, IN 46204; telephone: (317) 232-5336; email:
TSeeman@indot.IN.gov. Normal business hours for the Indiana Department
of Transportation are: 8 a.m. to 4:30 p.m., e.t.
SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has
approved a Tier 2 Final Environmental Impact Statement (FEIS) for
section 5 of the I-69 highway project from Evansville to Indianapolis
and issued a Record of Decision (ROD) for section 5 on August 7, 2013.
Section 5 of the I-69 project extends from the intersection of Victor
Pike and State Road 37 (south of Bloomington) to south of the
intersection of State Road 37 and State Road 39 (south of
Martinsville). Section 5 generally follows the alignment of and
upgrades State Road 37, an existing four-lane median divided highway,
to a fully access-controlled highway. As approved in the Tier 1 ROD,
the corridor is generally 2,000 feet wide. The ROD selected Refined
Preferred Alternative 8 for section 5, as described in the I-69
Evansville to Indianapolis, Indiana, Tier 2 Final Environmental Impact
Statement Bloomington to Martinsville, Indiana (FEIS), available at
http://www.i69indyevn.org/section-5-FEIS.html. The ROD also approved
the locations of the interchanges, grade separations, and access roads
(which include new roads, road relocations, and realignments). The FHWA
had previously issued a Tier 1 FEIS and ROD for the entire I-69 project
from Evansville to Indianapolis, Indiana. A Notice of Limitation on
Claims for Judicial Review of Actions by FHWA and United States Fish
and Wildlife Service (USFWS), DOI, was published in the Federal
Register on April 17, 2007. A claim seeking judicial review of the Tier
1 decisions must have been filed by October 15, 2007, to avoid being
barred under 23 U.S.C. 139(1). Decisions in the FHWA Tier 1 ROD that
were cited in that Federal Register notice included, but were not
limited to, the following:
1. Purpose and need for the project.
2. Range of alternatives for analysis.
3. Selection of the Interstate highway build alternative and
highway corridor for the project, as Alternative 3C.
4. Elimination of other alternatives from consideration in Tier
2 NEPA proceedings.
5. Process for completing the Tier 2 alternatives analysis and
studies for the project, including the designation of six Tier 2
sections and a decision to prepare a separate environmental impact
statement for each Tier 2 section.
The Tier 1 ROD and Notice specifically noted that the ultimate
alignment of the highway within the corridor, and the locations and
number of interchanges and rest areas would be evaluated in the Tier 2
NEPA proceedings. Those proceedings for section 5 of the I-69 project
from Evansville to Indianapolis have culminated in the August 7, 2013
ROD and this Notice. Interested parties may consult the Tier 2, section
5 ROD and FEIS for details about each of the decisions described above
and for information on other issues decided. The Tier 2, section 5 ROD
can be viewed and downloaded from the project Web site at http://www.i69indyevn.org/. People unable to access the Web site may contact
FHWA or INDOT at the addresses listed above. Decisions in the section
5, Tier 2 ROD that have final approval include, but are not limited to,
the following: 1. National Environmental Policy Act (NEPA) [42 U.S.C.
4321-4351]. 2. Endangered Species Act [16 U.S.C. 1531-1544]. 3.
Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128]. 4. Clean Air
Act, 42 U.S.C. 7401-7671(q). 5. Section 4(f) of the Department of
Transportation Act of 1966 [49 U.S.C. 303]. 6. Section 106 of the
National Historic Preservation Act of 1966, as amended [16 U.S.C.
470(f) et seq.]. 7. Bald and Golden Eagle Protection Act [16 U.S.C.
688-688d].
Notice is hereby given that, subsequent to the earlier FHWA notices
cited above, the USFWS has taken two final agency actions within the
meaning of 23 U.S.C. 139(l)(1) by issuing: 1) ``Amendment 2 to the Tier
1 Revised Programmatic Biological Opinion (dated August 24, 2006,
previously amended May 25, 2011) for the I-69, Evansville to
Indianapolis, Indiana Highway'' dated July 24, 2013, and, 2) an
individual Biological Opinion, dated July 25, 2013, for the Tier 2,
section 5, 21 mile I-69 project in Monroe and Morgan counties, that
concluded that the section 5 project was not likely to jeopardize the
continued existence of the Indiana bat and was not likely to adversely
modify the bat's designated Critical Habitat.
Previous actions taken by the USFWS for the Tier 1, I-69 project,
pursuant to the Endangered Species Act, 16 U.S.C. 1531-1544, included
its concurrence with the FHWA's determination that the I-69 project was
not likely to adversely affect the eastern fanshell mussel (Cyprogenia
stegaria) and that the project was likely to adversely affect, but not
jeopardize, the bald eagle. The USFWS also concluded that the project
was not likely to jeopardize the continued existence of the Indiana bat
and was not likely to adversely modify the bat's designated Critical
Habitat. These USFWS decisions were described in the Programmatic
Biological Opinion issued on December 3, 2003, the Revised Programmatic
Biological Opinion issued on August 24, 2006, and other documents in
the Tier 1 project records. A Notice of Limitation on Claims for
Judicial Review of these actions and decisions by the USFWS, DOI, was
published in the Federal Register on April 17, 2007. The USFWS affirmed
its decisions in the Amendment to the Revised Programmatic Biological
Opinion issued on May 25, 2011. A Notice of Limitation on Claims for
Judicial Review of these actions and decisions by the USFWS, DOI, was
published in the Federal Register on July 20, 2011. A claim seeking
judicial review of the Amendment to the Revised Programmatic Biological
Opinion must have been filed by January 17, 2012, to avoid being barred
under 23 U.S.C. 139(l).
For the Tier 2, section 5, 21 mile I-69 Project in Monroe County,
an
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individual Biological Opinion was issued on July 25, 2013, which
concluded that the Section 5 project was not likely to jeopardize the
continued existence of the Indiana bat and was not likely to adversely
modify the bat's designated Critical Habitat. In addition, the USFWS
issued an Incidental Take Statement subject to specific terms and
conditions. The USFWS also issued a Bald Eagle Take Exempted under ESA
permit (NO. MB218918-0) for the incidental take of the bald eagles for
all sections of the I-69 project. The permit was effective as of June
25, 2009, and is subject to the terms and conditions of the Endangered
Species Act section 7 incidental take statement and the August 24,
2006, Revised Programmatic Biological Opinion. The biological opinions,
Bald Eagle permit no. MB218918-0, and other project records relating to
the USFWS actions, taken pursuant to the Endangered Species Act, 16
U.S.C. 1531-1544, are available by contacting the FHWA, INDOT, or USFWS
at the addresses provided above. The Tier 2, section 5 Biological
Opinion can be viewed and downloaded from the project Web site at
http://www.i69indyevn.org/section-5-feis/.
On July 24, 2013, USFWS issued ``Amendment 2 To the Tier 1 Revised
Programmatic Biological Opinion (RPBO dated August 24, 2006, previously
amended May 25, 2011) for the I-69, Evansville to Indianapolis, Indiana
highway'' USFWS decided to issue the Amendment to the RPBO primarily
due to the identification of two new Indiana bat maternity colonies in
the Section 5 project area (which begins south of Bloomington near
Victor Pike in Monroe County, Indiana and terminates south of State
Road 39 south of Martinsville in Morgan County, Indiana). Additionally,
the project identified increases to exempt level of forest and wetland
impacts based on refinement of the Tier 1 RPBO estimates. Finally
additional forest impacts were revealed within and adjacent to the
Section 4 (which begins east of the intersection of U.S. 231 and SR 45/
SR58 in Greene County, Indiana and terminates at SR 37 near Victor Pike
in Monroe County, Indiana) project right-of-way due to private
landowner tree-clearing actions. In light of this new information,
USFWS chose to reevaluate impacts to the Indiana bat and to update the
2006 and 2011 Tier 1 RPBO and Incidental Take Statement. The Amendment
2 to the Tier 1 RPBO contains new analysis and comment for each of the
sections of the 2006 Tier 1 RPBO affected by the new information, and
USFWS affirmed that all other sections of the Tier 1 RPBO remain valid.
Based on analysis of the new information, USFWS concluded that
appreciable reductions in the likelihood of survival and recovery of
Indiana bats due to the construction, operation, and maintenance of I-
69 from Evansville to Indianapolis, Indiana are unlikely to occur, and
hence, the FHWA has ensured that the proposed action is not likely to
jeopardize the continued existence of the Indiana bat or destroy or
adversely modify designated critical habitat. USFWS did not conduct any
new analysis for either the bald eagle or eastern fanshell mussel
(Cyprogenia stegaria), and the non-jeopardy conclusion regarding
impacts to the bald eagle still stands as stated in the original Tier 1
Biological Opinion (dated December 3, 2003). The Amendment 2 To the
Tier 1 Revised Programmatic Biological Opinion (RPBO dated August 24,
2006, previously amended May 25, 2011) for the I-69, Evansville to
Indianapolis, Indiana highway can be found and downloaded from the
project Web site at http://www.i69indyevn.org/corridor-wide-technical-reports/.
(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).
Richard J. Marquis,
Division Administrator, Indianapolis, Indiana.
[FR Doc. 2013-20869 Filed 8-26-13; 8:45 am]
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