Notice of Final Federal Agency Actions on Proposed Highway in West Virginia and Maryland |
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Thomas J. Smith
Federal Highway Administration
September 3, 2014
[Federal Register Volume 79, Number 170 (Wednesday, September 3, 2014)]
[Notices]
[Pages 52407-52409]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20919]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on Proposed Highway in
West Virginia and Maryland
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of limitations on Claims for Judicial Review of Actions
by FHWA and Other Federal Agencies.
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[[Page 52408]]
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(l)(1). The actions relate to a proposed highway project, US 220 NHS
Corridor between Interstate 68 (I-68) and Corridor H in Allegany
County, Maryland and Grant, Hardy, Hampshire and Mineral Counties, West
Virginia. The Federal actions, taken as a result of a tiered
environmental review process under the National Environmental Policy
Act, 42 U.S.C. 4321-4351 (NEPA), and implementing regulations on
tiering, 40 CFR 1502.20, 40 CFR 1508.28, and 23 CFR Part 771,
determined certain issues relating to the proposed projects. Those Tier
1 decisions will be used by Federal agencies in subsequent proceedings,
including decisions whether to grant licenses, permits, and approvals
for highway and transit projects. Tier 1 decisions also may be relied
upon by State and local agencies in proceedings on the proposed
projects.
DATES: By this notice, the FHWA is advising the public that it has made
decisions that are subject to 23 U.S.C. 139(l)(1) and are final within
the meaning of that law. A claim seeking judicial review of the Tier 1
Federal agency decisions on the proposed highway will be barred unless
the claim is filed on or before February 2, 2015. 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: Jason Workman, Director, Office of
Program Development, Federal Highway Administration, 700 Washington
Street E., Charleston, WV 25301; telephone: (304) 347-5928; email:
jason.workman@dot.gov or Ben Hark, Environmental Section Head,
Engineering Division, West Virginia Department of Transportation,
Division of Highways (WVDOH), State Capitol Complex, Building 5, 1900
Kanawha Boulevard, East, Charleston, WV 26305; telephone: (304) 558-
2885; email: ben.l.hark@wv.gov.
SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has
approved a Tier 1 Final Environmental Impact Statement (FEIS) and
issued a Record of Decision (ROD) in connection with a proposed highway
project in Maryland and West Virginia: US 220 NHS Corridor between I-68
and Corridor H in Allegany County, Maryland and Grant, Hardy, Hampshire
and Mineral Counties, West Virginia. The project will provide a four-
lane, partially controlled highway that begins south of I-68 near
LaVale, Maryland and extends southwest to connect with Corridor H near
Scherr, West Virginia. It would connect the communities of LaVale,
Cresaptown and McCoole in Maryland and Keyser and New Creek in West
Virginia. The proposed highway will be on both new and existing
alignment.
Decisions in the FHWA Tier 1 ROD that have final approval include,
but are not limited to, the following:
a. Project Purpose and Need--Discussed in FEIS Chapter 1.0,
Sections 1.3 and 1.4.
b. Range of Alternatives for Analysis--Discussed in FEIS Chapter
2.0, Section 2.2.
c. Selection of the Preferred Corridor to be Carried Forward into
Tier 2--Corridor B with the possibility of using the northern spur of
Corridor D that connects I-68 in Maryland has been identified as the
Preferred Corridor that will be carried forward into Tier 2. The
northern spur of Corridor D begins on US 220 just south of Maryland
State Route 53 (MD 53) and terminates at I-68. Both these termini will
be carried forward into Tier 2 to determine which would best meet the
project's purpose and need, be the least environmentally damaging and
operate most efficiently. Advancing the northern spur of Corridor D in
Maryland as part of the Preferred Corridor's possible connection to I-
68 will allow flexibility in developing a new I-68 Interchange while
providing additional opportunities for avoiding socioeconomic, natural
and cultural resources and minimizing the potential impacts of future
alignments (see FEIS Chapter 2.0, Section 2.11; FEIS Chapter 6.0,
Section 6.1; and ROD Sections 1.0, 1.3, and 2.7).
d. Alternatives Eliminated from Further Study--The alternatives
that will not be considered any further include, but are not limited
to, those identified in the Tier 1 FEIS as Corridors A, C, D, E and the
Crossover Corridors which combined portions of Corridors B, C and D
(see FEIS Chapter 2.0, Sections 2.9 and 2.10; and ROD Section 2.0).
e. The project may result in a program of individual transportation
improvement projects throughout the US 220 Preferred Corridor, with
several projects having independent utility and serving different
logical termini. However, the design criteria to be carried forward
into Tier 2 will be based on a four-lane, partially controlled highway.
The WVDOH and Maryland State Highway Administration (MDSHA) will
independently advance Tier 2 NEPA within their respective states. In
West Virginia, a typical section will require a minimum width of 136
feet and, in Maryland, the typical section will require a minimum width
of 140.5 feet. The highway width may increase to approximately 300 feet
to accommodate construction of the four-lane facility in mountainous
terrain (see ROD Section 1.3).
Interested parties may consult the ROD and FEIS for further
information on each of the decisions described above.
The Tier 1 actions by the Federal agencies, and the laws under
which such actions were taken, are described in the FEIS approved April
2, 2014, the ROD approved July 21, 2014, and in other documents in the
FHWA project records. The scope and purpose of the Tier 1 FEIS are
described in Chapter 1.0 of the FEIS. The FEIS, ROD, and other
documents in the FHWA project file are available by contacting the FHWA
or the WVDOH at the addresses provided above. The FEIS and ROD also are
available online at http://www.transportation.wv.gov/highways/engineering/comment/us220/Pages/default.aspx. OR http://apps.roads.maryland.gov/WebProjectLifeCycle/ProjectInformation.aspx?projectno=AL613111#.
This notice applies to all Federal agency Tier 1 decisions that are
final within the meaning of 23 U.S.C. 139(l)(1) as of the issuance date
of this notice and all laws under which such actions were taken,
including but not limited to:
1. National Environmental Policy Act (NEPA) [42 U.S.C. 4321-4351].
2. Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
3. Endangered Species Act [16 U.S.C. 1531-1544].
4. National Historic Preservation Act of 1966, as amended [16
U.S.C. 470(f) et seq].
5. Section 4(f) of the Department of Transportation Act of 1966 [49
U.S.C. 303 and 23 U.S.C. 138].
6. Clean Air Act [42 U.S.C. 7401-7671(q)].
(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), as amended by Moving Ahead for
Progress in the 21st Century Act (MAP-21), Public Law 112-141, Sec.
1308, 126 Stat. 405 (2012).
[[Page 52409]]
Issued on August 27, 2014.
Thomas J. Smith,
Division Administrator, Federal Highway Administration, Charleston,
West Virginia.
[FR Doc. 2014-20919 Filed 9-2-14; 8:45 am]
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