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Notice of Final Federal Agency Actions on Proposed Highway in North Carolina

American Government Special Collections Reference Desk

American Government Topics:  Interstate Highway System

Notice of Final Federal Agency Actions on Proposed Highway in North Carolina

Clarence W. Coleman
Federal Highway Administration
13 July 2018

[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)]
[Pages 32707-32708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14805]



Federal Highway Administration

Notice of Final Federal Agency Actions on Proposed Highway in 
North Carolina

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 action taken by the FHWA and other 
Federal agencies that are final. This final agency action relates to a 
proposed highway project, improvements to I-440 (Raleigh Beltline), 
from Walnut Street in Cary to Wade Avenue in Raleigh, Wake County, 
State of North Carolina. The FHWA's Finding of No Significant Impact 
(FONSI) provides details on the Selected Alternative for the proposed 

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 December 10, 2018. 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.

Director of Preconstruction and Environment, Federal Highway 
Administration, North Carolina Division, 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). For the 
North Carolina Department of Transportation (NCDOT): Christopher M. 
Werner, P. E., Director of Technical Services, North Carolina 
Department of Transportation (NCDOT), 1 South Wilmington Street 
(Delivery), 1548 Mail Service Center, Raleigh, North Carolina 27699-
1548; Telephone (919) 707-2540, cmwerner@ncdot.gov, NCDOT Technical 
Services Division Office's normal business hours are 8 a.m. to 5 p.m. 
(Eastern Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken a 
final agency action by issuing a Finding of No Significant Impact 
(FONSI) for the following highway project in the State of North 
Carolina: Improvements to I-440 (Raleigh Beltline), from Walnut Street 
in the Town of Cary to Wade Avenue in the City of Raleigh, Wake County. 
The length of the project is approximately 6.0 miles.
    The project proposes to widen I-440/US 1-64 from four lanes to six 
lanes, reconstruct interchanges, replace structures, and repair 
pavement conditions. The project is included in NCDOT's adopted 2018-
2027 State Transportation Improvement Plan (STIP) as project number U-
2719 and is scheduled for right of way acquisition and construction to 
begin in fiscal year 2019, being let as a design-build contract. The 
project is also included in the Capital Area Metropolitan Planning 
Organization Organization's (CAMPO) 2040 Metropolitan Transportation 
Plan (MTP) (April 2013) and 2045 MTP (February 19, 2018).
    The FHWA's action, related actions by other Federal agencies and 
the laws under which such actions were taken, are described in the 
Environmental Assessment (EA) approved on June 23, 2017, and the 
Finding of No Significant Impact (FONSI) approved on May 24, 2018, and 
other documents in the project file. The EA and FONSI are available for 
review by contacting FHWA or NCDOT at the addresses provided above. In 
addition, these documents can be viewed and downloaded from the project 
website at https://www.ncdot.gov/projects/i-440improvements/. 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 (ESA) [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)-470(ll)]; 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. 103(b)(6)(M,

[[Page 32708]]

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: July 3, 2018.
Clarence W. Coleman,
Preconstruction and Environment Director, Raleigh, North Carolina.
[FR Doc. 2018-14805 Filed 7-12-18; 8:45 am]

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