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

Clarence W. Coleman
Federal Highway Administration
10 January 2017

[Federal Register Volume 82, Number 6 (Tuesday, January 10, 2017)]
[Notices]
[Pages 3073-3074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00124]


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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, US 70 Bypass of the City of Havelock in Craven County, North 
Carolina. The FHWA's Record of Decision (ROD) identifies Alternative 3 
for the US 70 Havelock Bypass project as the selected alternative.

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 June 9, 2017. 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): Rodger Rochelle, 
Director of Technical Services, North Carolina Department of 
Transportation (NCDOT), 1548 Mail Service Center, Raleigh, North 
Carolina 27699-1548; Telephone (919) 707-2900; email: 
rdrochelle@ncdot.gov. NCDOT Technical Services Division 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: US 70 Bypass, 
Havelock, North Carolina. The project is also known as State 
Transportation Improvement Program (STIP) Project R-1015.
    Located in eastern North Carolina, the selected alternative 
consists of a freeway on new location, approximately 10.3 miles in 
length. The proposed freeway is located along the western edge of 
Havelock, primarily within the Croatan National Forest (CNF) 
boundaries. The project's purpose is to improve traffic operations for 
regional and statewide traffic along the US 70 corridor and enhance the 
ability of US 70 to serve a regional transportation function.
    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) for the project, approved 
on October 27, 2015; the FHWA Record of Decision (ROD), approved on 
December 16, 2016; 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.
    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-

[[Page 3074]]

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.].
    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: December 22, 2016.
Clarence W. Coleman,
Director of Preconstruction and Environment Raleigh, North Carolina.
[FR Doc. 2017-00124 Filed 1-9-17; 8:45 am]
 BILLING CODE 4910-RY-P