Notice of Final Federal Agency Actions on NC 119 Relocation-Mebane, Alamance County, NC, 67303-67304 [E9-30118]

Download as PDF Federal Register / Vol. 74, No. 242 / Friday, December 18, 2009 / Notices sroberts on DSKD5P82C1PROD with NOTICES Region IX—California, Arizona, Nevada, Hawaii, American Samoa, Guam—Leslie Rogers, FTA Regional Administrator, 201 Mission Street, Suite 1650, San Francisco, CA 94105–1926, Phone: (415) 744–3133, Fax: (415) 744–2726, Regional Tribal Liaison: Eric Eidlin. Region X—Washington, Oregon, Idaho, Alaska—Richard Krochalis, FTA Regional Administrator, Jackson Federal Building, 915 Second Avenue, Suite 3142, Seattle, WA 98174–1002, Phone: (206) 220–7954, Fax: (206) 220–7959, Regional Tribal Liaison: Bill Ramos. (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 has taken final agency action subject to 23 U.S.C. 139 (l)(1) by issuing licenses, permits, [FR Doc. E9–30197 Filed 12–17–09; 8:45 am] and approvals for the following highway BILLING CODE P project in the State of North Carolina: NC 119 Relocation, Federal-aid Project No. STP–119(1), Alamance County, DEPARTMENT OF TRANSPORTATION North Carolina. This project identified a need to address capacity constraints and Federal Highway Administration connectivity deficiencies along the Notice of Final Federal Agency Actions existing NC 119 in Mebane, North Carolina. The proposed action will on NC 119 Relocation—Mebane, improve 5.6 miles of NC 119 from I–85/ Alamance County, NC 40 to south of SR 1918 (Mrs. White AGENCY: Federal Highway Lane). Beginning at I–85/40, the selected Administration (FHWA), DOT. alternative (Alternative 9) constructs a six-lane, median divided facility before ACTION: Notice of Limitations on claims for Judicial Review of Actions by FHWA transitioning to a four-lane, median divided typical section in the vicinity of and other Federal Agencies. Fieldstone Drive. The project includes a SUMMARY: This notice announces actions grade separation over the North Carolina taken by FHWA and other Federal Railroad and US 70, which lies adjacent agencies that are final within the to the railroad. The actions by the meaning of 23 U.S.C. 139(1)(1). The Federal agencies, and the laws under actions relate to a proposed highway which such actions were taken, are project, the NC 119 Relocation from I– described in the Final Environmental 85/40 to south of SR 1918 (Mrs. White Impact Statement (FEIS) for the project, Lane)—Mebane, Alamance County, approved on June 11, 2009, in the North Carolina. Those actions grant FHWA Record of Decision (ROD) issued licenses, permits, and approvals for the on December 8, 2009, and in other project. documents in the FHWA administrative DATES: By this notice, the FHWA is record. The FEIS, ROD, and other advising the public of final agency documents in the FHWA administrative actions subject to 23 U.S.C. 139 (1)(1). record file are available by contacting A claim seeking judicial review of the the FHWA or NCDOT at the addresses Federal agency actions on the highway provided above. The FHWA FEIS and project will be barred unless the claim ROD can be viewed at the NCDOT— is filed on or before June 16, 2010. If the Project Development and Environmental Federal law that authorizes judicial Analysis Branch, 1 South Wilmington review of a claim provides a time period Street, Raleigh, North Carolina; of less than 180 days for filing such NCDOT—Division 7 Alamance County claim, then that shorter time period still Resident Engineer Office, 115 East applies. Crescent Square Drive, Graham, North Carolina; Mebane Public Library, 101 FOR FURTHER INFORMATION CONTACT: South 1st Street, North Carolina; City of Clarence W. Coleman, P. E., Mebane Planning & Zoning Department, Preconstruction and Environmental 106 East Washington Street, Mebane, Director, Federal Highway Administration, 310 New Bern Avenue, North Carolina; Alamance-Burlington School System, 1712 Vaughn Road, Suite 410, Raleigh, North Carolina, Burlington, North Carolina; and 27601–1418; Telephone: (919) 747– 7014; e-mail: clarence.coleman@dot.gov. Alamance County Planning Department, FHWA North Carolina Division Office’s 217 College Street, Suite C, Graham, North Carolina. normal business hours are 8 a.m. to 5 This notice applies to all Federal p.m. (Eastern Time). You may also agency decisions as of the issuance date contact Gregory J. Thorpe, PhD, Project of this notice and all laws under which Development and Environmental such actions were taken, including but Analysis Branch Manager, North not limited to: Carolina Department of Transportation VerDate Nov<24>2008 17:33 Dec 17, 2009 Jkt 220001 PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 67303 1. General: National Environmental Policy Act (NEPA) [42 USC 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 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 E:\FR\FM\18DEN1.SGM 18DEN1 67304 Federal Register / Vol. 74, No. 242 / Friday, December 18, 2009 / Notices 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 (1)(1) Issued on: December 10, 2009. Clarence W. Coleman, Preconstruction and Environmental Director, Raleigh, North Carolina. [FR Doc. E9–30118 Filed 12–17–09; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35250 (Sub-No. 1)] LRY, LLC D.B.A. Lake Railway—Lease and Operation Exemption—Rail Line in Lake County, OR sroberts on DSKD5P82C1PROD with NOTICES LRY, LLC D.B.A. Lake Railway (LRY), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease from Lake County, OR (Lake County), and to operate 54.45 miles of railroad on the Lakeview Branch, extending from milepost 458.60 at Alturas, CA, to milepost 513.05, at Lakeview, OR.1 That line had been previously leased to Modoc Railway and Land Company, LLC (MR&L), and operated by Modoc Northern Railroad Co (MNNR). According to LRY, Lake County has terminated that lease and filed an adverse discontinuance application with the Board, which was granted.2 This transaction is related to a concurrently filed verified notice of exemption in STB Finance Docket No. 35250, LRY, LLC D.B.A. Lake Railway— Lease and Operation Exemption—Union Pacific Railway Company, wherein LRY seeks to lease and operate 62.21 miles of UP’s lines of railroad, consisting of: (1) Part of the Modoc Subdivision, extending from milepost 445.6 near MacArthur, CA, to milepost 506.1 near Perez, CA; and (2) part of the Lakeview 1 The notice had stated that the line extended from milepost 458.60 at Alturas, CA, to milepost 512.30, at Lakeview, OR, for a total distance of 53.70 miles. On December 14, 2009, LRY filed a pleading amending its notice to reflect the correct milepost and distance. 2 See Lake County, Oregon—Adverse Discontinuance of Rail Service—Modoc Railway and Land Company, LLC and Modoc Northern Railroad Company, STB Docket No. AB–1035 (STB served Nov. 17, 2009). VerDate Nov<24>2008 17:33 Dec 17, 2009 Jkt 220001 Branch, extending from milepost 456.89 to milepost 458.60 at Alturas, CA. The transaction cannot be consummated until January 1, 2010, the effective date of the exemption (30 days after the exemption is filed).3 LRY certifies that, as a result of this transaction, its projected revenues will not exceed those that would quality it as a Class III carrier. Pursuant to the Consolidated Appropriations Act, 2008, Public Law No. 110–161, § 193, 121 Stat. 1844 (2007), nothing in this decision authorizes the following activities at any solid waste rail transfer facility: Collecting, storing or transferring solid waste outside of its original shipping container; or separating or processing solid waste (including baling, crushing, compacting, and shredding). The term ‘‘solid waste’’ is defined in section 1004 of the Solid Waste Disposal Act, 42 U.S.C. 6903. If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions to stay must be filed by no later than December 24, 2009 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35250 (Sub-No. 1) must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. In addition, a copy must be served on James H. M. Savage, Of Counsel, John D. Heffner, PLLC, 1750 K Street, NW., Suite 200, Washington, DC 20006. Board decisions and notices are available on our Web site at ‘‘https:// www.stb.dot.gov.’’ Decided: December 15, 2009. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. E9–30102 Filed 12–17–09; 8:45 am] BILLING CODE 4915–01–P 3 LRY states in its notice that it plans to commence operations on or after December 31, 2010. PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35250] LRY, LLC D.B.A. Lake Railway—Lease and Operation Exemption—Union Pacific Railroad Company LRY, LLC D.B.A. Lake Railway (LRY), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease from Union Pacific Railroad Company (UP), and to operate 62.21 miles of UP’s lines of railroad, consisting of: (1) Part of the Modoc Subdivision, extending from milepost 445.6 near MacArthur, CA, to milepost 506.1 near Perez, CA; and (2) part of the Lakeview Branch, extending from milepost 456.89 to milepost 458.60 at Alturas, CA (the lines). This transaction is related to a concurrently filed verified notice of exemption in STB Finance Docket No. 35250 (Sub-No. 1), LRY, LLC D.B.A. Lake Railway—Lease and Operation Exemption—Rail Line in Lake County, OR, wherein LRY seeks to lease and operate 54.45 miles of railroad on the Lakeview Branch, owned by Lake County, OR, extending from milepost 458.6 at Alturas, to milepost 513.05, at Lakeview, OR. The lines involved herein, and the line involved in the (Sub-No. 1) proceeding had been previously leased to Modoc Railway and Land Company, LLC (MR&L), and operated by Modoc Northern Railroad Co. (MNRR). UP has terminated the lease with MR&L and MNRR and plans to file for adverse discontinuance authority for MNRR from the Board. The transaction cannot be consummated until January 1, 2010, the effective date of the exemption (30 days after the exemption is filed).1 LRY certifies that, as a result of this transaction, its projected revenues will not exceed those that would qualify it as a Class III carrier. Pursuant to the Consolidated Appropriations Act, 2008, Public Law No. 110–161, § 193, 121 Stat. 1844 (2007), nothing in this decision authorizes the following activities at any solid waste rail transfer facility: Collecting, storing or transferring solid waste outside of its original shipping container; or separating or processing solid waste (including baling, crushing, compacting, and shredding). The term ‘‘solid waste’’ is defined in section 1004 of the Solid Waste Disposal Act, 42 U.S.C. 6903. 1 LRY states in its notice that it plans to commence operations on or after December 31, 2009. E:\FR\FM\18DEN1.SGM 18DEN1

Agencies

[Federal Register Volume 74, Number 242 (Friday, December 18, 2009)]
[Notices]
[Pages 67303-67304]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30118]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on NC 119 Relocation--
Mebane, Alamance County, NC

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitations on claims for Judicial Review of Actions 
by FHWA and other Federal Agencies.

-----------------------------------------------------------------------

SUMMARY: This notice announces actions taken by FHWA and other Federal 
agencies that are final within the meaning of 23 U.S.C. 139(1)(1). The 
actions relate to a proposed highway project, the NC 119 Relocation 
from I-85/40 to south of SR 1918 (Mrs. White Lane)--Mebane, Alamance 
County, North Carolina. 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 (1)(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 June 16, 2010. 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 Environmental Director, Federal Highway 
Administration, 310 New Bern Avenue, Suite 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, PhD, 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 has 
taken final agency action 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: NC 119 Relocation, Federal-aid Project No. 
STP-119(1), Alamance County, North Carolina. This project identified a 
need to address capacity constraints and connectivity deficiencies 
along the existing NC 119 in Mebane, North Carolina. The proposed 
action will improve 5.6 miles of NC 119 from I-85/40 to south of SR 
1918 (Mrs. White Lane). Beginning at I-85/40, the selected alternative 
(Alternative 9) constructs a six-lane, median divided facility before 
transitioning to a four-lane, median divided typical section in the 
vicinity of Fieldstone Drive. The project includes a grade separation 
over the North Carolina Railroad and US 70, which lies adjacent to the 
railroad. 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 June 11, 2009, in 
the FHWA Record of Decision (ROD) issued on December 8, 2009, 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 7 Alamance County Resident Engineer 
Office, 115 East Crescent Square Drive, Graham, North Carolina; Mebane 
Public Library, 101 South 1st Street, North Carolina; City of Mebane 
Planning & Zoning Department, 106 East Washington Street, Mebane, North 
Carolina; Alamance-Burlington School System, 1712 Vaughn Road, 
Burlington, North Carolina; and Alamance County Planning Department, 
217 College Street, Suite C, Graham, North Carolina.
    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 USC 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 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

[[Page 67304]]

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 (1)(1)

    Issued on: December 10, 2009.
Clarence W. Coleman,
Preconstruction and Environmental Director, Raleigh, North Carolina.
[FR Doc. E9-30118 Filed 12-17-09; 8:45 am]
BILLING CODE 4910-RY-P