Notice of Final Federal Agency Actions on Proposed Highway in Minnesota

David J Scott
Federal Highway Administration
November 20, 2015

[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Notices]
[Page 72779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29412]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Minnesota

AGENCY: Federal Highway Administration (FHWA), US DOT.

ACTION: Notice of limitations on claims for judicial reviews by FHWA.

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SUMMARY: This notice announces actions taken by FHWA that are final 
within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a 
proposed highway project, United States Highway 53 between Virginia and 
Eveleth, in Saint Louis County in the State of Minnesota. Those actions 
grant licenses, permits, and approvals for the project.

DATES: By this notice, FHWA is advising the public of the 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 18, 2016. If the Federal 
law that authorizes judicial review of a claim provides a time period 
of less than 150 days for filing such a claim, then that shorter time 
period still applies.

FOR FURTHER INFORMATION CONTACT: For FHWA: Philip Forst, Environmental 
Specialist, FHWA, Minnesota Division, 380 Jackson Street, Suite 500, 
Saint Paul, MN 55101, phil.forst@dot.gov, Phone: (651) 291-6100. For 
the United States Army Corps of Engineers (USACE): Daryl Wierzbinski, 
Saint Paul District Regulatory Project Manager Duluth Office, 600 South 
Lake Avenue, Suite 211, Duluth, MN 55802, Phone: (218)720-5291. For the 
Minnesota Department of Transportation, Pat Huston, Project Director, 
Minnesota Department of Transportation (MnDOT), District 1, 1123 Mesaba 
Avenue, Duluth, MN 55811, Phone: (218) 725-2707.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and USACE 
have taken final agency actions by issuing approvals for the following 
transportation project in the State of Minnesota: US 53 between 
Virginia and Eveleth from the south end of the Midway neighborhood to 
the existing MN 135 exit ramp for the start of new four-lane 
construction. The new alignment, consisting of approximately two and 
one-half miles of new four-lane roadway and non-motorized 
accommodations, responds to the loss of roadway easement for existing 
US 53, meets regional and inter-regional system performance targets, 
and maintains local connectivity.
    The FHWA signed a combined Final Environmental Impact Statement 
(FEIS) and Record of Decision (ROD) for the project on September 10, 
2015. On September 25, 2015, FHWA published a ``Notice of Availability 
for the combined FEIS and ROD in the Federal Register [80 FR 57807]. 
The USACE has taken final agency actions with the meaning of 23 U.S.C. 
139(l)(1) by issuing a Section 404 permit for the project. The actions 
by FHWA and USACE, associated final actions by other Federal agencies, 
and the laws under which such actions were taken, are described in the 
FHWA and USACE decisions and its project records, referenced as FHWA 
Final EIS Number 20150270 and USACE Permit Number 2011-00769-DWW. That 
information is available by contacting FHWA or USACE at the address 
provided above.
    Information about the project and project records are also 
available from MnDOT at the addresses provided above. The FEIS and ROD 
can be viewed at and downloaded from the MnDOT project Web site (http://www.dot.state.mn.us/d1/projects/hwy53relocation/eis.html). The Section 
404 permit is available from USACE contact above and is typically 
posted at the USACE Saint Paul District Web site (http://www.mvp.usace.army.mil/Missions/Regulatory.aspx). This notice applies 
to the FEIS and ROD [80 FR 57807] as well as all Federal agency final 
actions taken since the issuance of the Federal Register notice 
described above. The laws under which actions were taken include, but 
are 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. 7401-7671q]
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303; 23 U.S.C. 138].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536]; Fish and Wildlife Coordination Act [16 U.S.C. 661-667d]; 
Migratory Bird Treaty Act [16. U.S.C. 703-712].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470f]; 
Archeological Resources Protection Act of 1977 [16 U.S.C. 470aa-470mm]; 
Archeological and Historic Preservation Act [16 U.S.C. 469-469c].
    6. Social and Economic: Farmland Policy Protection Act (FPPA) [7 
U.S.C. 4201-4209].
    7. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251-1387]; Land and Water 
Conservation Fund (LWCF) [16 U.S.C. 4601-4604]; Safe Drinking Water Act 
(SDWA) [42 U.S.C. 300f-300j-26]; Rivers and Harbors Act of 1899 [33 
U.S.C. 401-406; Wetlands Mitigation [23 U.S.C. 119(g) and 133(b)(14)].
    8. 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 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 6, 2015.
David J Scott,
Assistant Division Administrator, Saint Paul, Minnesota.
[FR Doc. 2015-29412 Filed 11-19-15; 8:45 am]
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