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
27 November 2019
[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Notices]
[Pages 65454-65455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25792]
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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 United States Route 62 (US-62) in the
County of Stark, 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 April 27,
2020. 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 FHWA: Noel F. Mehlo, Jr., Planning
and Environmental Specialist, FHWA Ohio Division Office; HPD-OH, 200
North High Street, Room 328, Columbus, Ohio 43215-2408, 614-280-6841,
Noel.Mehlo@dot.gov.
SUPPLEMENTARY INFORMATION: Effective December 11, 2015 and as amended
June 6, 2018, 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
improve the existing 0.9-mile section of US 62 between State Route (SR)
43 (Market Avenue) and the bridge over the Middle Branch of Nimishillen
Creek. The project will reconstruct and relocate US 62 to the north of
the existing alignment to improve sight distance on the eastbound curve
and eliminate many driveways directly accessing US 62. The project will
create cul-de-sacs at Gibbs Avenue, Rowland Avenue, and Gross Avenue
(north side) and convert Maple Avenue to a right-in/right-out access.
Most of the properties along the north side of the existing US 62
alignment and several properties along the south side of US 62 around
the Gibbs Avenue and St. Elmo Avenue intersections will be removed by
the project. The existing signalized intersections at Rowland Avenue
and Maple Avenue will be removed. Direct access to (and across) US 62
for the northern and southern neighborhoods will be provided via a new
signalized intersection at St. Elmo Avenue that will include street
lighting, Americans with Disabilities Act (ADA) compliant pedestrian
cross walks, a median refuge, and pedestrian signal features. The St.
Elmo signal will provide access to a two-lane frontage road that will
be constructed south of the new US 62 alignment to provide access to
the businesses and residences on the south side of US 62 between Gibbs
Avenue and St. Elmo Avenue.
US 62 will be reconstructed as a four-lane roadway (two lanes in
each direction) with additional auxiliary lanes and turn lanes added to
provide an acceptable level of service at the new St. Elmo Avenue
signalized intersection. In the eastbound direction, an auxiliary lane
will begin at the SR 43 entrance ramp and continue east to tie into the
existing Harrisburg intersection right turn lane. Heading westbound, an
auxiliary lane will travel from just east of the St. Elmo intersection
to 30th Street NE, providing direct access from US 62 to 30th Street
NE. With the addition of the auxiliary lanes described above, the
majority of proposed US 62 within the project limits will resemble a
six-lane roadway with three eastbound lanes and three west bound lanes.
Center-left turn lanes will also be provided on both eastbound and
westbound US 62 at the signalized intersection with St. Elmo Avenue.
The west and east ends of the project are designed at a 50 mile per
hour (mph) design speed transitioning to a 45 mph design speed between
Rowland Avenue and Maple Avenue to accommodate the signalized
intersection and pedestrian crossing at St. Elmo Avenue. Various design
elements will be incorporated into the project between Rowland Avenue
and Maple Avenue including reduced shoulder width, landscaping, and
signing to comply with the reduced design speed.
A new storm sewer system will be provided to collect the drainage
along US 62 and the frontage road to be constructed south of the new US
62 alignment. The project will reconstruct the existing storm water
conduit and an outfall to the Middle Branch of Nimishillen Creek south
of the existing US 62 roadway embankment and construct a new storm
sewer north of US 62 which will also discharge into the Middle Branch
of Nimishillen Creek.
Based upon the ability to meet the purpose and need of the project,
public comments, and impacts to the natural and human environment, ODOT
selected Alternative G1-d3a, presented in the March 2017 Feasibility
Study, as the Preferred Alternative selected for the July 2018
Environmental Assessment for the project. The Preferred Alternative
meets the safety needs of the project and maintains access to US 62 for
the nearby neighborhoods and commercial properties.
Following the Public Hearing and 30-day comment period for the July
2018 Environmental Assessment, the project team conducted further
investigation and analyses on the Preferred Alternative (G1-d3a) as
part of the public involvement process and consideration of Performance
Based Practical Design (PBPD) initiative. Through this exercise, the
project team identified design changes that minimize access and right-
of-way impacts and
[[Page 65455]]
reduce costs to the Preferred Alternative. Sub-alternative G1-d3a-1
incorporates these design changes within the existing project study
area footprint and meets the purpose and need for the project to
increase safety and decrease congestion while maintaining access to US
62 for the nearby neighborhoods and commercial properties. Based on
design changes reflected in Sub-alternative G1-d3a-1 and resulting
reductions in anticipated project impacts, no additional assessment and
resource agency coordination was warranted for the project.
The actions by the Federal agencies, and the laws under which such
actions were taken, are described in the Environmental Assessment (EA),
and the Finding on No Significant Impact (FONSI), approved on January
28, 2019. The EA, FONSI, and other project records are available by
contacting ODOT at the address provided above. The ODOT EA, and FONSI
can be viewed and downloaded from the project website at http://www.dot.state.oh.us/districts/D04/stark/US62/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;
(15) Executive Order 13112, Invasive Species; and
(16) Title VI of the Civil Rights Act of 1964.
(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: November 7, 2019.
Laura S. Leffler,
Division Administrator, Federal Highway Administration, Columbus, Ohio.
[FR Doc. 2019-25792 Filed 11-26-19; 8:45 am]
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