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Notice of Final Federal Agency Actions on the I-26 Asheville Connector in North Carolina Publication: Federal Register Agency: Federal Highway Administration Byline: Clarence W. Coleman Date: 14 June 2023 Subjects: American Government  , Roads & Highways
Topic: Interstate Highway System |
[Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Notices]
[Pages 38932-38933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12674]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on the I-26 Asheville
Connector 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 FHWA and the other
Federal agencies that are final. The actions relate to the proposed
improvements to upgrade the I-26 corridor in Asheville from south of
the I-26/I-40/I-240 interchange through the I-240 interchange with US
19-23-74A/Patton Avenue west of the French Broad River so that I-240
can be redesignated as I-26 in Buncombe County, North Carolina. The
project is commonly referred to as the I-26 Asheville Connector and is
identified as State Transportation Improvement Program Project (STIP)
No. I-2513. Those actions grant licenses, permits, and approvals for
the project.
DATES: By this notice, 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 filled on or before November 13, 2023. 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: Mr. Clarence W. Coleman, P.
E., Preconstruction and Environment Director, FHWA, 310 New Bern
Avenue, Suite 410, Raleigh, North Carolina, 27601-1418; telephone:
(919) 747-7014; email: clarence.coleman@dot.gov. FHWA North Carolina
Division's regular office hours are 8 a.m. to 5 p.m. (Eastern Time).
For North Carolina Department of Transportation (NCDOT): Mr. Derrick
Weaver, P. E., Deputy Director of Technical Services, NCDOT, 1536 Mail
Service Center, Raleigh, North Carolina 27699-1536; telephone (919)
707-2516, email: dweaver@dot.state.nc.us. NCDOT's regular office hours
are 8 a.m. to 5 p.m. (Eastern Time).
SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other
Federal agencies have 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 North Carolina: proposed improvements
to upgrade the I-26 corridor in Asheville from south of the I-26/I-40/
I-240 interchange through the I-240 interchange with US 19-23-74A/
Patton Avenue west of the French Broad River so that I-240 can be
redesignated as I-26. The proposed action includes improvements to the
I-40 interchanges with Smoky Park Highway, I-26/I-240 and Brevard Road,
upgrading I-240 (as well as interchanges at Brevard Road, Amboy Road,
and Haywood Road) from the I-26/I-240 interchange with I-40 to the I-
240 interchange with Patton Avenue west of the French Broad River,
constructing I-26 on new location from the Patton Avenue interchange
north across the French Broad River, tying into US 19/23/70 south of
Broadway Street, and widening Riverside Drive from Hill Street to
Broadway Street. The 7.0-mile project is commonly referred to as the I-
26 Asheville Connector and is identified in the Statewide
Transportation Improvement Plan (STIP) as STIP No. I-2513. The actions
by the 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 January 9, 2020, in the FHWA ROD approved
on May 26, 2023, and in other documents in the project record. The
FEIS, ROD, and other project records are available by contacting the
FHWA or the NCDOT at the addresses provided above. The FEIS and ROD can
be viewed and downloaded from the project website at https://www.ncdot.gov/projects/asheville-i-26-connector/Pages/default.aspx, or
obtained from any contact listed above.
This notice applies to all Federal Agency decisions that are final
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 et seq.]; Federal-Aid Highway Act [23 U.S.C. 109].
2. Air: Clean Air Act [42 U.S.C. 7401 et seq.].
3. Land: Section 4(f) of the Department of Transportation Act of
1966 [49 U.S.C. 303; 23 U.S.C. 138]; Landscaping and Scenic Enhancement
(Wildflowers) [23 U.S.C. 319].
4. 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) et seq.], Fish and
Wildlife Coordination Act [16 U.S.C. 661 et seq.], Migratory Bird
Treaty Act [16 U.S.C. 703-712], Magnuson-Stevenson Fishery Conservation
and Management Act of 1976 [16 U.S.C. 1801 et seq.].
5. Historic and Cultural Resources: Section 106 of the National
Historic Preservation Act of 1966 [54 U.S.C. 306108]; Archeological
Resources Protection Act of 1977 [16 U.S.C. 470(aa) at seq.];
Archeological and Historic Preservation Act [54 U.S.C. 312501-312508];
Native American Grave Protection and Repatriation Act (NAGPRA) [25
U.S.C. 3001-3013].
6. Social and Economic: Title VI of the Civil Rights Act of 1964
[42 U.S.C. 2000(d) et seq.]; American Indian Religious Freedom Act [42
U.S.C. 1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-
4209].
7. Wetlands and Water Resources: Clean Water Act (Section 404,
Section 401, Section 319) [33 U.S.C. 1251 et seq.]; Coastal Barrier
Resources Act [16 U.S.C. 3501-3510]; Coastal Zone Management Act [16
U.S.C. 1451 et seq.]; Land and Water Conservation Fund (LWCF) [54
U.S.C. 200301 et seq.]; Safe Drinking Water Act (SDWA) [42 U.S.C.
300(f) et seq.]; Rivers and Harbors Act of 1899 [33 U.S.C. 401 et
seq.]; Wild and Scenic Rivers Act [16 U.S.C. 1271-1287]; Emergency
Wetlands Resources Act [16 U.S.C. 3921, 3931]; Wetlands Mitigation [23
U.S.C. 119(g) and 133(b)(14)]; Flood Disaster Protection Act [42 U.S.C.
4001 et seq.].
8. Hazardous Materials: Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601 et seq.];
Superfund Amendments and Reauthorization Act of 1986 (SARA) [42 U.S.C.
11001 et seq.]; Resource Conservation and Recovery Act (RCRA) [42
U.S.C. 6901 et seq.].
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. 13166, Improving Access to Services for Persons with
Limited English Proficiency; 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
[[Page 38933]]
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 E.O.
12372 regarding intergovernmental consultation on Federal programs
and activities apply to this program.)
Authority: 23 U.S.C. 139(l)(1).
Clarence W. Coleman,
Preconstruction and Environment Director, Raleigh, North Carolina.
[FR Doc. 2023-12674 Filed 6-13-23; 8:45 am]
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