Notice of Final Federal Agency Actions of Proposed Highway/Interchange Improvement in Ohio; Statute of Limitations on Claims |
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Laura S. Leffler
Federal Highway Administration
25 October 2017
[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)]
[Notices]
[Pages 49471-49472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23202]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions of Proposed Highway/
Interchange Improvement in Ohio; Statute of Limitations on Claims
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of Limitation on Claims for Judicial Review of Actions
by the Ohio Department of Transportation (ODOT), pursuant to 23 U.S.C.
327.
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SUMMARY: The FHWA, on behalf of ODOT, is issuing this notice to
announce actions taken by ODOT that are final. The actions relate to
the proposed modification of the existing interchange at Interstate
Route 71 (I-71), United States Route 36 (US-36), and State Route 37
(SR-37) in the County of Delaware, State of Ohio. Those actions grant
licenses, permits, and approvals for the project.
DATES: By this notice, the FHWA, of behalf of ODOT, 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 filed on or before March 26,
2018. 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 period of time still applies.
FOR FURTHER INFORMATION CONTACT: For ODOT: Timothy M. Hill,
Administrator, Office of Environmental Services, Ohio Department of
Transportation, 1980 West Broad Street, Columbus, Ohio, 43223, 614-644-
0377, Tim.Hill@dot.ohio.gov.
SUPPLEMENTARY INFORMATION: Effective December 11, 2015, the Federal
Highway Administration (FHWA) assigned, and the Ohio Department of
Transportation (ODOT) assumed, environmental responsibilities for this
project pursuant to 23 U.S.C. 327. Notice is hereby given that ODOT,
has taken final agency actions subject to 23 U.S.C. 139(l)(1) by
issuing licenses, permits, and approvals for the following highway
project in the State of Ohio. The project will involve construction of
an interchange at I-71, south of the existing US 36/SR 37 interchange.
This interchange will carry the new Sunbury Parkway over I-71 and run
east and west of the interstate, operating in conjunction with the
existing interchange to the north at US 36/SR37. Specifically, the
revisions to the interchange will include a relocated I-71 northbound
off-ramp which will provide access to both Sunbury Parkway and US 36/SR
37 and will occur south of the current northbound off ramp. Access to
US 36/SR 37 from northbound I-71 will be accommodated by a collector-
distributor road. Access to I-71 northbound from Sunbury Parkway will
also occur via the collector/distributor road. Southbound on-ramps to
I-71 from Sunbury Parkway eastbound and westbound will be provided. The
existing interchange at US 36/SR 37 will remain, but as stated above,
the northbound exit from I-71 to access both Sunbury Parkway and US 36/
SR 37 will be at the same exiting point.
The project will also construct Sunbury Parkway from Africa Road at
US 36/SR 37 east to Wilson Road as a six lane road with a median,
multi-use path and sidewalk. The Africa Road intersection with US 36/SR
37 will be realigned to create a four-legged intersection with Sunbury
Parkway. 3B's & K Road south of Sunbury Parkway will be relocated to
create an intersection with Sunbury Parkway and the future Fourwinds
Drive, which will be extended south by others. A cul-de-sac will be
constructed on 3B's & K Road, north of Sunbury Parkway.
East of Wilson Road, a new arterial roadway, also identified as
Sunbury Parkway, is listed on the Village of Sunbury's Comprehensive
Plan which was adopted by Village of Sunbury Council on November 2,
2016. This project is currently on the Mid-Ohio Regional Planning
Commission (MORPC) 2018-2021 Transportation Improvement Plan (TIP) for
construction by the Village of Sunbury New Community Authority 1
(NCA1), by 2019. This project, the ``Committed Sunbury Parkway,'' will
be built with two travel lanes (one in each direction), with left turn
lanes at the intersections with South Galena Road, Domigan Road, and US
36/SR 37 (Cherry Street). Because a five-lane corridor will eventually
be necessary to meet the future traffic needs of development, all the
right-of-way and grading along the Committed Sunbury Parkway will be
for the ultimate (five-lane) configuration. All culverts and the bridge
over Little Walnut Creek, will also be built wide enough for the
ultimate (five-lane) configuration.
The ODOT project will widen on the inside of the Committed Sunbury
Parkway in order to provide five lanes with a grass median from Wilson
Road to US 36/SR 37 (Cherry Street) along with constructing additional
turn lanes to accommodate the future traffic demands at Galena Road.
ODOT's project east of Wilson Road will not involve construction of
bridges or culverts or include any earth disturbing activity outside of
the right-of-way previously established for the Committed Sunbury
Parkway.
Subsequent to the distribution of the June 20, 2017 EA and the July
11, 2017 public hearing, several roadway design features were altered
to improve roadside safety. These alterations were
[[Page 49472]]
related to roadway and interchange ramp embankment fill slopes and the
need to eliminate fragmented residual parcels. Additionally, in an
email dated July 28, 2017, the FHWA, Ohio Division, upon review of the
project's Interchange Modification Study, notified ODOT that the
project's preferred alternative constituted the creation of a new
interchange, not a modification of the existing US 36/SR 37
interchange. FHWA also determined that the preferred alternative is a
partial interchange as a direct connection from I-71 southbound to
Sunbury Parkway is not provided. As part of the required documentation
to obtain FHWA approval of the interchange study, ODOT was required by
FHWA to consider a full interchange that provided all movements, even
though it would not be constructed. ODOT reconsidered the above changes
and compared them to the findings in the EA. ODOT conducted additional
studies as needed and summarized the coordination and findings in an
Addendum to the EA, September 20, 2017 Based upon ODOT's review and
consideration of the analysis and evaluation contained in the EA and
the Addendum to the EA for this project, and after careful
consideration of all social, economic, and environmental factors,
including input from the state/federal agencies, ODOT has determined
that the changes contained within this document do not rise to the
level of significance and therefore do not required the recirculation
of the EA nor the creation of a supplemental EA document.
The actions by the Federal agencies, and the laws under which such
actions were taken, are described in the Environmental Assessment (EA),
the Addendum to the EA, and the Finding on No Significant Impact
(FONSI), approved on October 16, 2017. The EA, Addendum to the EA,
FONSI, and other project records are available by contacting ODOT at
the address provided above and can be viewed and downloaded from the
project Web site at https://www.dot.state.oh.us/districts/D06/projects/71/Pages/default.aspx. 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) Council on Environmental Quality regulations;
(2) National Environmental Policy Act (NEPA);
(3) Moving Ahead for Progress in the 21st Century Act (MAP-21);
(4) Department of Transportation Act of 1966;
(5) Federal Aid Highway Act of 1970;
(6) Clean Air Act Amendments of 1990;
(7) Noise Control Act of 1970;
(8) 23 CFR part 772 FHWA Noise Standards, Policies and Procedures;
(9) Department of Transportation Act of 1966, Section 4(f);
(10) Clean Water Act of 1977 and 1987;
(11) Endangered Species Act of 1973;
(12) Migratory Bird Treaty Act;
(13) National Historic Preservation Act of 1966, as amended;
(14) Historic Sites Act of 1935; and,
(15) Executive Order 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(l)(1)
Issued On: October 19, 2017.
Laura S. Leffler,
Division Administrator, Federal Highway Administration, Columbus, Ohio.
[FR Doc. 2017-23202 Filed 10-24-17; 8:45 am]
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