Notice of Final Federal Agency Actions on NC 119 Relocation-Mebane, Alamance County, NC, 67303-67304 [E9-30118]
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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
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Fmt 4703
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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
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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.
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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
