Notice of Final Federal Agency Actions on Proposed Highway in North Carolina, 10885 [2019-05420]

Download as PDF Federal Register / Vol. 84, No. 56 / Friday, March 22, 2019 / Notices would help improve existing and projected deficiencies when it comes to Federal Highway Administration roadway capacity. The project would also improve insufficient pavement Notice of Final Federal Agency Actions structure and deteriorating existing road on Proposed Highway in North surface conditions. The actions by the Carolina Federal agencies, and the laws under which such actions were taken, are AGENCY: Federal Highway described in the Combined Final Administration (FHWA), DOT. Environmental Impact Statement (EIS)/ ACTION: Notice of limitation on claims Record of Decision (ROD) for the for judicial review of actions by FHWA project, approved on March 5, 2019, and and other Federal agencies. in other documents in the project SUMMARY: This notice announces actions records. The Combined Final EIS/ROD, and other documents in the project file taken by FHWA and the other Federal are available by contacting the FHWA or agencies that are final. The actions the NCDOT at the addresses provided relate to a proposed widening of above. The Combined Final EIS/ROD Interstate 26 from U. S. 25 near along with referenced technical Hendersonville to the I–40/240 Interchange in Asheville, also known as documents can be viewed and downloaded from the project website at State Transportation Improvement https://www.ncdot.gov/projects/i-26Program Project I–4400/I–4700, in widening/Pages/default.aspx or viewed Henderson and Buncombe Counties, at the NCDOT office at 1 South North Carolina. Those actions grant Wilmington Street, Raleigh, North licenses, permits, and approvals for the Carolina 27601. project. The actions by the Federal agencies, DATES: By this notice, FHWA is advising and the laws under which such actions the public of final agency actions were taken, are described in the Record subject to 23 U.S.C. 139(l)(1). A claim of Decision (ROD) for the project and in seeking judicial review of the Federal other documents in the project file. The agency actions on the highway project ROD and other documents in the project will be barred unless the claim is filled file are available by contacting FHWA or on or before August 19, 2019. If the NCDOT at the addresses provided Federal law that authorizes judicial above. This notice applies to all Federal review of a claim provides a time period agency decisions as of the issuance date of less than 150 days for filing such of this notice and all laws under which claim, then that shorter time period still such actions were taken, including but applies. not limited to: FOR FURTHER INFORMATION CONTACT: Mr. 1. General: National Environmental Clarence W. Coleman, P. E., Policy Act (NEPA) [42 U.S.C. 4321– Preconstruction and Environment 4351]; Federal-Aid Highway Act [23 Director, Federal Highway U.S.C. 109]. Administration, 310 New Bern Avenue, 2. Air: Clean Air Act [42 U.S.C. 7401– Suite 410, Raleigh, North Carolina 7671(q)]. 27601–1418; Telephone: (919) 747– 3. Land: Section 4(f) of the 7014; email: clarence.coleman@dot.gov. Department of Transportation Act of FHWA North Carolina Division Office’s 1966 [49 U.S.C. 303]; Landscaping and normal business hours are 8 a.m. to 5 Scenic Enhancement (Wildflowers) [23 p.m. (Eastern Time). Mr. William C. U.S.C. 319]. Kincannon, P. E., Director of Technical 4. Wildlife: Endangered Species Act Services (Acting), North Carolina [16 U.S.C. 1531–1544 and Section Department of Transportation (NCDOT), 1536], Marine Mammal Protection Act 1516 Mail Service Center, Raleigh, [16 U.S.C. 1361], Anadromous Fish North Carolina 27699–1516; Telephone: Conservation Act [16 U.S.C. 757(a)– (919) 707–2502, email: wckincannon@ 757(g)], Fish and Wildlife Coordination dot.state.nc.us. NCDOT’s normal Act [16 U.S.C. 661–667(d)], Migratory business hours are 8 a.m. to 5 p.m. Bird Treaty Act [16 U.S.C. 703–712], (Eastern Time). Magnuson-Stevenson Fishery SUPPLEMENTARY INFORMATION: Notice is Conservation and Management Act of hereby given that FHWA and other 1976, as amended [16 U.S.C. 1801 et Federal agencies have taken final agency seq.]. 5. Historic and Cultural Resources: actions by issuing a Record of Decision (ROD) for the following highway project Section 106 of the National Historic Preservation Act of 1966, as amended in the State of North Carolina: the [16 U.S.C. 470(f) et seq.]; Archeological widening of I–26 from U.S. 25, near Resources Protection Act of 1977 [16 Hendersonville, to I–40/240, south of U.S.C. 470(aa)–11]; Archeological and Asheville. Widening I–26 in the area DEPARTMENT OF TRANSPORTATION VerDate Sep<11>2014 17:37 Mar 21, 2019 Jkt 247001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 10885 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 [33 U.S.C. 1251–1377 (Section 404, Section 401, Section 319)]; 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. 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 (l)(1) Issued on: March 13, 2019. Clarence W. Coleman, Preconstruction and Environment Director, Raleigh, North Carolina. [FR Doc. 2019–05420 Filed 3–21–19; 8:45 am] BILLING CODE 4910–RY–P E:\FR\FM\22MRN1.SGM 22MRN1

Agencies

[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Notices]
[Page 10885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05420]



[[Page 10885]]

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

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway 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.

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

SUMMARY: This notice announces actions taken by FHWA and the other 
Federal agencies that are final. The actions relate to a proposed 
widening of Interstate 26 from U. S. 25 near Hendersonville to the I-
40/240 Interchange in Asheville, also known as State Transportation 
Improvement Program Project I-4400/I-4700, in Henderson and Buncombe 
Counties, North Carolina. 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 August 19, 2019. 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: Mr. Clarence W. Coleman, P. E., 
Preconstruction and Environment Director, Federal Highway 
Administration, 310 New Bern Avenue, Suite 410, Raleigh, North Carolina 
27601-1418; Telephone: (919) 747-7014; email: clarence.coleman@dot.gov. 
FHWA North Carolina Division Office's normal business hours are 8 a.m. 
to 5 p.m. (Eastern Time). Mr. William C. Kincannon, P. E., Director of 
Technical Services (Acting), North Carolina Department of 
Transportation (NCDOT), 1516 Mail Service Center, Raleigh, North 
Carolina 27699-1516; Telephone: (919) 707-2502, email: 
wckincannon@dot.state.nc.us. NCDOT's normal business 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 by issuing a Record of 
Decision (ROD) for the following highway project in the State of North 
Carolina: the widening of I-26 from U.S. 25, near Hendersonville, to I-
40/240, south of Asheville. Widening I-26 in the area would help 
improve existing and projected deficiencies when it comes to roadway 
capacity. The project would also improve insufficient pavement 
structure and deteriorating existing road surface conditions. The 
actions by the Federal agencies, and the laws under which such actions 
were taken, are described in the Combined Final Environmental Impact 
Statement (EIS)/Record of Decision (ROD) for the project, approved on 
March 5, 2019, and in other documents in the project records. The 
Combined Final EIS/ROD, and other documents in the project file are 
available by contacting the FHWA or the NCDOT at the addresses provided 
above. The Combined Final EIS/ROD along with referenced technical 
documents can be viewed and downloaded from the project website at 
https://www.ncdot.gov/projects/i-26-widening/Pages/default.aspx or 
viewed at the NCDOT office at 1 South Wilmington Street, Raleigh, North 
Carolina 27601.
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Record of Decision (ROD) for 
the project and in other documents in the project file. The ROD and 
other documents in the project file are available by contacting 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].
    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 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)-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 [33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319)]; 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. 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 (l)(1)

    Issued on: March 13, 2019.
Clarence W. Coleman,
Preconstruction and Environment Director, Raleigh, North Carolina.
[FR Doc. 2019-05420 Filed 3-21-19; 8:45 am]
BILLING CODE 4910-RY-P