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

Clarence W. Coleman
Federal Highway Administration
October 7, 2010

[Federal Register: October 7, 2010 (Volume 75, Number 194)]
[Notices]               
[Page 62182-62183]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc10-98]                         

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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), USDOT.

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 the FHWA and other 
Federal agencies that are final within the meaning of 23 U.S.C. 139 
(I)(1). The actions relate to a proposed highway project, NC 24 
Improvements, from 2.8 miles east of I-95 to I-40 in Cumberland, 
Sampson, and Duplin Counties, North Carolina (T.I.P Project R-2303). 
Those actions grant licenses, permits, and 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 (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 5, 2011. If the 
Federal law that authorizes judicial review of a claim provides a time 
period of less than 180 days for filing such claim, then that shorter 
time period still applies.

FOR FURTHER INFORMATION CONTACT: Clarence W. Coleman, P.E., 
Preconstruction and Environment Engineer, Federal Highway 
Administration, 310 New Bern Avenue, Ste 410, Raleigh, North Carolina, 
27601-1418; Telephone: (919) 747-7014; e-mail: 
clarence.coleman@dot.gov. FHWA North Carolina Division Office's normal 
business hours are 8 a.m. to 5 p.m. (Eastern Time). You may also 
contact Gregory J. Thorpe, Ph.D., Project Development and Environmental 
Analysis Branch Manager, North Carolina Department of Transportation 
(NCDOT), 1 South Wilmington Street (Delivery), 1548 Mail Service 
Center, Raleigh, North Carolina 27699-1548; Telephone (919) 733-3141, 
gthorpe@dot.state.nc.us. NCDOT--Project Development and Environmental 
Analysis Branch Office's normal business hours are 8 a.m. to 5 p.m. 
(Eastern Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions by issuing 
licenses, permits, and approvals for the following highway project in 
the State of North Carolina: NC 24 Improvements, Federal Aid No. 
STPNHF-F-8-2(17), Cumberland, Sampson, and Duplin Counties, North 
Carolina. The proposed action will improve approximately 40 miles of NC 
24 from terminus of an existing 4-lane section, approximately 2.8 miles 
east of I-95 to I-40. Portions of the selected alternative (Corridor 
56) widen existing roadways and portions construct a four-lane facility 
on new location. 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 
March 31, 2010,and in the FHWA Record of Decision (ROD), issued on 
September 10, 2010, and in other documents in the FHWA administrative 
record. The FEIS, ROD, and other documents in the FHWA administrative 
record file are available by contacting the FHWA or NCDOT at the 
addresses provided above. The FHWA FEIS and ROD can be viewed at the 
NCDOT--Project Development and Environmental Analysis Branch, 1 South 
Wilmington Street, Raleigh, North Carolina; NCDOT- Division 3 Office, 
124 Division Drive, Wilmington, NC 28401, NCDOT--Division 6 Office, 558 
Gillespie St., Fayetteville, NC 28301, Fayetteville MPO (FAMPO) Office, 
130 Gillespie Street, Fayetteville, NC 28301, Mid-Carolina RPO (MCCOG) 
Office, 130 Gillespie Street, 3rd Floor Post Office Drawer 1510, 
Fayetteville, NC 28302, and East Carolina RPO (ECC), 233 Middle Street, 
3rd Floor, O. Marks Building, New Bern, NC 28560.
    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].
    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]; Landscaping and Scenic Enhancement (Wildflowers) 
[23 U.S.C. 319].
    4. Wildlife: Endangered Species Act [16 USC 1531-1544 and Section 
1536], Marine Mammal Protection Act [16 U.S.C. 1361], 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 of 1976, as amended [16 U.S.C. 1801 et seq.].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic

[[Page 62183]]

Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq.]; 
Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)-11]; 
Archeological and Historic Preservation Act [16 U.S.C. 469-469(c)]; 
Native American Grave Protection and Repatriation Act (NAGPRA) [25 
U.S.C. 3001-3013].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; 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: 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)]; 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); 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.

(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 (I)(1).

    Issued on: September 30, 2010.
Clarence W. Coleman,
Preconstruction and Environment Engineer, Raleigh, North Carolina.
[FR Doc. 2010-25280 Filed 10-6-10; 8:45 am]
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