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Notice of Final Federal Agency Actions on a Proposed Highway Project in Wisconsin

American Government Special Collections Reference Desk

American Government

Notice of Final Federal Agency Actions on a Proposed Highway Project in Wisconsin

Michael Davies
Federal Highway Administration
26 October 2018

[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)]
[Pages 54172-54173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23339]



Federal Highway Administration

Notice of Final Federal Agency Actions on a Proposed Highway 
Project in Wisconsin

AGENCY: Federal Highway Administration (FHWA), U.S. Department of 
Transportation (DOT).

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA.


SUMMARY: This notice announces actions taken by the FHWA that are 
final. The actions required by applicable Federal environmental laws 
relate to a proposed highway project, the WIS 23 Corridor Project, in 
Fond du Lac and Sheboygan Counties, Wisconsin. Those actions grant 
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(l)(1). A claim seeking judicial review 
of the Federal agency actions on the proposed highway project will be 
barred unless the claim is filed on or before March 25, 2019. 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.

Administrator, FHWA, 525 Junction Road, Suite 8000, Madison, Wisconsin 
53717; telephone: (608) 829-7500. The FHWA Wisconsin Division's normal 
office hours are 7 a.m. to 4 p.m. central time. For the Wisconsin 
Department of Transportation (WisDOT): Scott Lawry, Director, Bureau of 
Technical Services, Wisconsin Department of Transportation, 4822 
Madison Yards Way, 5th Floor, Madison, Wisconsin 53705; telephone: 
(608) 266-2186. WisDOT's normal office hours are 7:30 a.m. to 4:30 p.m. 
central time.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency actions subject to 23 U.S.C. 139(l)(1) by issuing 
approvals for the following highway project: The WIS 23 Corridor 
Project in Fond du Lac and Sheboygan Counties, Wisconsin. The purpose 
of the project is to provide additional highway capacity (i.e. to 
provide appropriate and effective level of service) to serve existing 
and projected traffic volumes, and improve operational efficiency and 
safety for local and through traffic while avoiding or minimizing 
environmental effects. The project will reconstruct WIS 23 over 
approximately 19 miles from US 151 to County Highway P. Within those 
limits, the project will widen the existing two-lane roadway to a four-
lane divided highway with a median from Whispering Springs Drive to 
County Highway P. Project-specific actions include acquiring right-of-
way, constructing two diamond interchanges and one jug-handle 
intersection, constructing roundabouts, constructing new travel lanes 
and frontage roads, modifying local roads and intersections, improving 
and extending multi-use trails, installing new bridges and culverts, 
removing and placing fill, removing vegetation, providing storm water 
management measures, implementing corridor preservation measures, and 
implementing mitigation measures.
    The actions by FHWA on this project, and the laws under which such 
actions were taken, are described in the combined Record of Decision 
(ROD) and Limited Scope Supplemental Final Environmental Impact 
Statement (LS

[[Page 54173]]

SFEIS) approved on October 15, 2018, and in other documents in the FHWA 
project file. The 2018 combined ROD and LS SFEIS incorporates analysis 
and decisions made in the following previous environmental documents 
prepared and approved for this project: The 2014 combined ROD and LS 
SFEIS and the 2010 ROD and Final Environmental Impact Statement. The 
2018 combined ROD and LS SFEIS supersedes the previous environmental 
documents and decisions for this project where it addresses issues 
identified as part of the 2018 LS SFEIS pursuant to 23 CFR 771.130. The 
2018 combined ROD and LS SFEIS were prepared as a single document 
pursuant to 23 U.S.C. 139(n)(2).
    The 2018 combined ROD and LS SFEIS and other documents related to 
project approvals are available by contacting FHWA and WisDOT at the 
addresses provided above. The 2018 combined ROD and LS SFEIS can be 
viewed and downloaded from the project website at https://wisconsindot.gov/Pages/projects/by-region/ne/wis23exp/default.aspx or 
viewed at the Fond du Lac or Plymouth public libraries.
    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, 23 U.S.C. 128, and 
23 U.S.C. 139].
    2. Air: Clean Air Act [42 U.S.C. 7401- 7671(q)].
    3. Land: Section 6(f) of the Land and Water Conservation Fund Act 
of 1965 [16 U.S.C. 4601]; Section 4(f) of the Department of 
Transportation Act of 1966 [49 U.S.C. 303].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536]; Fish and Wildlife Coordination Act [16 U.S.C. 661-
667(d)]; 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 [54 U.S.C. 306108].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)], Uniform Relocation Assistance and Real Property 
Acquisition Act of 1970 [42 U.S.C. 61].
    7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251-
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act [42 U.S.C. 9601-9675].
    9. Executive Orders: E.O. 11514 Protection and Enhancement of 
Environmental Quality; E.O. 11988 Floodplain Management; E.O. 11990 
Protection of Wetlands; E.O. 12898 Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations; E.O. 13112 Invasive Species; E.O. 13175 Consultation and 
Coordination with Indian Tribal Governments; E.O. 13186 
Responsibilities of Federal Agencies to Protect Migratory Birds.

    (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).

    Issued on: October 17, 2018.
Michael Davies,
Division Administrator, FHWA Wisconsin Division, Madison, Wisconsin.
[FR Doc. 2018-23339 Filed 10-25-18; 8:45 am]

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