Notice of Final Federal Agency Actions on US 26: MP 49.20-MP 57.45 Project: Clackamas County, OR, 64593-64594 [2013-24960]

Download as PDF Federal Register / Vol. 78, No. 209 / Tuesday, October 29, 2013 / Notices U.S.C. 470aa–mm]; 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: Title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000(d)–2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 1996]. 7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251–1376]; Safe Drinking Water Act (SDWA) [42 U.S.C. 300(f)–300(j–26)]; Rivers and Harbors Act of 1899 [33 U.S.C. 401– 406]; Wild and Scenic Rivers Act [16 U.S.C. 1271–1287]; Wetlands Mitigation [23 U.S.C. 103(b)(6)(M) and 133(b)(11)]. 8. 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(l)(1) Issued On: October 11, 2013. Clara H. Conner, Division Engineer, Vancouver, WA. [FR Doc. 2013–24966 Filed 10–28–13; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on US 26: MP 49.20–MP 57.45 Project: Clackamas County, OR Federal Highway Administration (FHWA), Department of Transportation (DOT). ACTION: Notice of Limitations on Claims for Judicial Review of Actions by FHWA, United States Army Corps of Engineers (USACE), United States Forest Service (USFS), United States Fish & Wildlife Service (USF&WS), and other Federal agencies. mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: This notice announces final environmental actions taken by the FHWA, USACE, USFS, USF&WS, NMFS SUMMARY: VerDate Mar<15>2010 18:15 Oct 28, 2013 Jkt 232001 and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, US 26: MP 49.20–MP 57.45. This action grants approval for the project. DATES: By this notice, the 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 filed on or before March 28, 2014. 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, Michelle Eraut, Program Development Team Leader, Federal Highway Administration, 530 Center Street NE., Suite 420, Salem, Oregon 97301, Telephone: (503) 587–4716. The US 26: MP 49.20–MP 57.45 categorical exclusion is available upon written request from the Federal Highway Administration at the address shown above. Comments or questions concerning this proposed action and the US 26: MP 49.20–MP 57.45 should be directed to the FHWA at the address provided above. For USACE, Dominic Yballe, Regulatory Project Manager, (503) 808–4392, 333 SW. 1st Avenue, Portland, Oregon 97208–2946. For USFS, Bill Westbrook, Zigzag District Ranger, (503) 622–2001, 70220 E. Highway 26, Zigzag, Oregon 97049. For USF&WS, Kevin Maurice, (503) 231– 6179, Wildlife Biologist, 2600 SE. 98th Avenue, Suite 100, Portland, Oregon 97266. 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 approval for the following highway project in the State of Oregon: US 26: MP 49.20–MP 57.45. The project will improve safety along US 26 between Mile Point 49.2 and Mile Point 57.45 by enlarging an existing rock fall catchment area and widening the highway to extend existing passing lanes and install new median barrier. The project will preserve the existing pavement by removing the top 2 to 3 inches of the existing asphalt concrete pavement, recycling it, and repaving it back to the original grade line of the roadway. The actions by the Federal agencies and the laws under which such actions were taken are described in the categorical exclusion issued on August 22, 2013. The categorical exclusion is available by contacting the FHWA at the address provided above. The USACE permit (USACE Permit NWP–2012–510, PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 64593 issued April 5, 2013) is available by contacting USACE at the address provided above. The USFS Finding of Consistency with the Forest Plan issued on July 3, 2013, is available by contacting the USFS at the address provided above. The USF&WS Not Likely to Adversely Affect letter for Northern Spotted Owl issued on June 13, 2013, is available by contacting the USF&WS at the address above. 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– 4347]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128]. 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 [23 U.S.C. 138 and 49 U.S.C. 303]; Section 6(f) of the Land and Water Conservation Fund Act (LWCF) [16 U.S.C. 460l–4—460l–11]. 4. Wildlife: Section 7 of the Endangered Species Act [16 U.S.C. 1531–1544]; Fish and Wildlife Coordination Act [16 U.S.C. 661–667 (e)]; Migratory Bird Treaty Act [16 U.S.C. 703–712]. 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. 470aa-mm]; 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: Title VI of the 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: Clean Water Act [33 U.S.C. 1251–1376]; Wetlands Mitigation [23 U.S.C. 103(b)(6)(M) and 133(b)(11)]. 8. 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. E:\FR\FM\29OCN1.SGM 29OCN1 64594 Federal Register / Vol. 78, No. 209 / Tuesday, October 29, 2013 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES (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.) email: rwhancock@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 Authority: 23 U.S.C. § 139(l)(1) Federal agencies have taken final agency Issued On: October 9, 2013. action subject to 23 U.S.C. 139(l)(1) by Phillip A. Ditzler, issuing licenses, permits, and approvals for the following highway project in the Division Administrator, Salem, Oregon. State of North Carolina: I–77 High [FR Doc. 2013–24960 Filed 10–28–13; 8:45 am] Occupancy/Toll (HOT) lanes, Federal BILLING CODE 4910–22–P Aid No. NHS–077–1(210), NHF–077– 1(209)9, and IMF–1(183)299 from I–277 DEPARTMENT OF TRANSPORTATION (Brookshire Freeway—Exit 11) to NC 150 (Exit 36) in the city and towns of Federal Highway Administration Charlotte, Huntersville, Cornelius, and Davidson, Mecklenburg County, North Final Federal Agency Actions on Carolina and the Town of Mooresville in Proposed Highway in North Carolina Iredell County, North Carolina. The project is also known as State AGENCY: Federal Highway Transportation Improvement Program Administration (FHWA), DOT (STIP) Projects I–3311C, I–5405, and I– ACTION: Notice of Limitation on Claims for Judicial Review of Actions by FHWA 4750AA. The project is approximately 26 miles long and includes the and Other Federal Agencies. following actions: (1) I–3311C—Construct two HOT SUMMARY: This notice announces actions lanes along I–77 from just north of the taken by the FHWA and other Federal I–77/I–85 interchange (connecting to I– agencies that are final within the 5405 HOT lane project) to and along I– meaning of 23 U.S.C. § 139(l)(1). The 277. actions relate to a proposed highway a. Southbound I–77—Construct one project, I–77 High Occupancy/Toll HOT lane from the southern terminus of (HOT) lanes, from I–277 (Brookshire the existing southbound HOT lane Freeway—Exit 11) to NC 150 (Exit 36), (south of I–85) to I–277; construct an Mecklenburg and Iredell Counties, additional HOT lane southbound from North Carolina. Those actions grant the southern terminus of I–5405 (north licenses, permits, and approvals for the of I–85/I–77 interchange) to I–277. project. b. Northbound I–77—Construct two DATES: By this notice, the FHWA is HOT lanes northbound from I–277 to advising the public of final agency northbound southern terminus of I– actions subject to 23 U.S.C. 139(l)(1). A 5405 (north of I–85). claim seeking judicial review of the c. Both directions of I–277—Construct Federal agency actions on the highway one HOT lane in each direction from I– project will be barred unless the claim 77 to North Brevard Street (with HOT is filled on or before March 28, 2014. If lane designation beginning and ending the Federal law that authorizes judicial at North Tryon Street). review of a claim provides a time period (2) I–5405—I–77 from I–277 of less than 150 days for filing such (Brookshire Freeway) to Exit 28; convert claim, then that shorter time period still existing HOV lanes to HOT lanes and applies. extend northward to Exit 28. Add FOR FURTHER INFORMATION CONTACT: Mr. additional HOT lane in each direction Clarence W. Coleman, P. E., beginning at I–85 to Exit 28 for a total Preconstruction and Environment of 2 HOT lanes in each direction. Director, Federal Highway (3) I–4750AA—Construct one HOT Administration, 310 New Bern Avenue, lane in each direction along I–77 from Suite 410, Raleigh, North Carolina, Exit 28 (connecting to I–5405 HOT lane 27601–1418; Telephone: (919) 747– project) to Brawley School Road (Exit 7014; email: clarence.coleman@dot.gov. 35), with construction ending FHWA North Carolina Division Office’s approximately 5,500 feet north of the normal business hours are 8 a.m. to 5 NC 150 bridge (Exit 36). Northbound p.m. (Eastern Time). Mr. Richard W. and southbound HOT designations Hancock., Project Development and begin and end at Brawley School Road Environmental Analysis Branch (Exit 35). Manager, North Carolina Department of (4) Designation of HOT lanes as HOT Transportation (NCDOT), 1548 Mail 3+. The actions by the Federal agencies, Service Center, Raleigh, North Carolina 27699–1548; Telephone (919) 707–6000, and the laws under which such actions VerDate Mar<15>2010 18:15 Oct 28, 2013 Jkt 232001 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 were taken, are described in the Finding of No Significant Impact (FONSI) for the project, approved on October 16, 2013, and in other documents in the FHWA administrative record. The FONSI and other documents in the FHWA administrative record file are available by contacting the FHWA or NCDOT at the addresses provided above. 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 and 23 U.S.C. 128]. 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: Clean Water Act (Section 404, Section 401, Section 319) [33 U.S.C. 1251– 1377]; Coastal Barrier Resources Act [16 U.S.C. 3501–3510]; Coastal Zone Management Act [16 U.S.C. 1451–1465]; 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)]; Rivers and Harbors Act of 1899 [33 U.S.C. 401–406]; 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. E:\FR\FM\29OCN1.SGM 29OCN1

Agencies

[Federal Register Volume 78, Number 209 (Tuesday, October 29, 2013)]
[Notices]
[Pages 64593-64594]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24960]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on US 26: MP 49.20-MP 
57.45 Project: Clackamas County, OR

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (DOT).

ACTION: Notice of Limitations on Claims for Judicial Review of Actions 
by FHWA, United States Army Corps of Engineers (USACE), United States 
Forest Service (USFS), United States Fish & Wildlife Service (USF&WS), 
and other Federal agencies.

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

SUMMARY: This notice announces final environmental actions taken by the 
FHWA, USACE, USFS, USF&WS, NMFS and other Federal agencies that are 
final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to 
a proposed highway project, US 26: MP 49.20-MP 57.45. This action 
grants approval for the project.

DATES: By this notice, the 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 filed on or before March 28, 2014. 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, Michelle Eraut, Program 
Development Team Leader, Federal Highway Administration, 530 Center 
Street NE., Suite 420, Salem, Oregon 97301, Telephone: (503) 587-4716. 
The US 26: MP 49.20-MP 57.45 categorical exclusion is available upon 
written request from the Federal Highway Administration at the address 
shown above. Comments or questions concerning this proposed action and 
the US 26: MP 49.20-MP 57.45 should be directed to the FHWA at the 
address provided above. For USACE, Dominic Yballe, Regulatory Project 
Manager, (503) 808-4392, 333 SW. 1st Avenue, Portland, Oregon 97208-
2946. For USFS, Bill Westbrook, Zigzag District Ranger, (503) 622-2001, 
70220 E. Highway 26, Zigzag, Oregon 97049. For USF&WS, Kevin Maurice, 
(503) 231-6179, Wildlife Biologist, 2600 SE. 98th Avenue, Suite 100, 
Portland, Oregon 97266.

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 
approval for the following highway project in the State of Oregon: US 
26: MP 49.20-MP 57.45. The project will improve safety along US 26 
between Mile Point 49.2 and Mile Point 57.45 by enlarging an existing 
rock fall catchment area and widening the highway to extend existing 
passing lanes and install new median barrier. The project will preserve 
the existing pavement by removing the top 2 to 3 inches of the existing 
asphalt concrete pavement, recycling it, and repaving it back to the 
original grade line of the roadway. The actions by the Federal agencies 
and the laws under which such actions were taken are described in the 
categorical exclusion issued on August 22, 2013. The categorical 
exclusion is available by contacting the FHWA at the address provided 
above. The USACE permit (USACE Permit NWP-2012-510, issued April 5, 
2013) is available by contacting USACE at the address provided above. 
The USFS Finding of Consistency with the Forest Plan issued on July 3, 
2013, is available by contacting the USFS at the address provided 
above. The USF&WS Not Likely to Adversely Affect letter for Northern 
Spotted Owl issued on June 13, 2013, is available by contacting the 
USF&WS at the address above. 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 
4321-4347]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
    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 [23 U.S.C. 138 and 49 U.S.C. 303]; Section 6(f) of the Land and 
Water Conservation Fund Act (LWCF) [16 U.S.C. 460l-4--460l-11].
    4. Wildlife: Section 7 of the Endangered Species Act [16 U.S.C. 
1531-1544]; Fish and Wildlife Coordination Act [16 U.S.C. 661-667 (e)]; 
Migratory Bird Treaty Act [16 U.S.C. 703-712].
    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. 470aa-
mm]; 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: Title VI of the 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: Clean Water Act [33 U.S.C. 1251-
1376]; Wetlands Mitigation [23 U.S.C. 103(b)(6)(M) and 133(b)(11)].
    8. 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.


[[Page 64594]]


(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. Sec.  139(l)(1)

    Issued On: October 9, 2013.
Phillip A. Ditzler,
Division Administrator, Salem, Oregon.
[FR Doc. 2013-24960 Filed 10-28-13; 8:45 am]
BILLING CODE 4910-22-P

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