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

Clarence W. Coleman, Jr.
Federal Highway Administration
January 14, 2016

[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Notices]
[Pages 1985-1986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00497]


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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(I)(1). The actions relate to a proposed highway project (TIP# U-
5526A, Federal-Aid Project No. FSTRNHPP-0074(153)), U.S. 74 
(Independence Boulevard) Managed Toll Lanes, from I-277 (Brookshire/
Belk Freeway) to Wallace Lane, Mecklenburg 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(I)(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 June 13, 2016. If this date 
falls on a Saturday, Sunday, or legal holiday, parties are advised to 
file their claim no later than the business day preceding this date. 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. Clarence W. Coleman, P.E., 
Preconstruction and Environment Director, Federal Highway 
Administration, 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). Mr. Richard W. 
Hancock, Project Development and Environmental Analysis Unit Manager, 
North Carolina Department of Transportation (NCDOT), 1548 Mail Service 
Center, Raleigh, North Carolina 27699-1548; Telephone: (919) 707-6000, 
email: rwhancock@ncdot.gov. NCDOT--Project Development and 
Environmental Analysis Unit's Office's normal business hours are 8 a.m. 
to 5 p.m. (Eastern Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions by issuing 
licenses, permits, and approvals for the following highway project in 
the State of North Carolina: U.S. 74 (Independence Boulevard) Managed 
Toll Lanes, Federal Aid No. FSTRNHPP-0074(153), from I-277 (Brookshire/
Belk Freeway) to Wallace Lane in the City of Charlotte in Mecklenburg 
County, North Carolina. The project is also known as State 
Transportation Improvement Program (STIP) Project U-5526A. The project 
is approximately 5.8 miles long and includes the following actions:
    (1) Convert existing bus lanes to managed toll lanes from I-277 to 
NC 27 (Albemarle Road).

[[Page 1986]]

    (2) Convert under-construction bus lanes to managed toll lanes from 
NC 27 (Albemarle Road) to Wallace Lane.
    (3) Designation of the managed toll lanes as HOT 3+.
    Additional information can be found on the project Web site: http://www.ncdot.gov/projects/U-5526.
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Categorical Exclusion (CE) for 
the project, approved on August 21, 2015, and in other documents in the 
FHWA administrative record. The CE and other documents in the FHWA 
administrative record file are available by contacting the FHWA or 
NCDOT at the addresses provided above.
    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].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Wildlife: Endangered Species Act [16 U.S.C. 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 [16 U.S.C. 703-712], Magnuson-Stevenson Fishery Conservation and 
Management Act of 1976, as amended [16 U.S.C. 1801 et seq.].
    4. 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 [16 U.S.C. 
470(aa)-11]; Archeological and Historic Preservation Act [16 U.S.C. 
469-469(c)]; Native American Grave Protection and Repatriation Act 
(NAGPRA) [25 U.S.C. 3001-3013].
    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. 
1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].
    6. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319)]; 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].
    7. 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)].
    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 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(I)(1).

    Issued on: January 5, 2016.
Clarence W. Coleman, Jr.,
Preconstruction and Environment Director, Federal Highway 
Administration, Raleigh, North Carolina.
[FR Doc. 2016-00497 Filed 1-13-16; 8:45 am]
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