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

American Government Special Collections Reference Desk

American Government

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

Clarence W. Coleman
Federal Highway Administration
25 June 2018


[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Notices]
[Pages 29602-29603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13408]


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

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 the FHWA and the other 
Federal agencies that are final applicable Federal regulations. The 
actions relate to a proposed new, limited-access highway between the 
towns of Apex and Knightdale in Wake County, North Carolina, completing 
the 540 outer loop circumferential highway around the greater Raleigh 
area. This project, known as Complete 540--Triangle Expressway 
Southeast Extension, is also known as State Transportation Improvement 
Program Project R-2721, R-2828, and R-2829. 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 (I)(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 November 22, 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.

[[Page 29603]]


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. Roger D. Rochelle, P. E., Chief Engineer-
Innovative Delivery, North Carolina Turnpike Authority (NCTA), 1578 
Mail Service Center, Raleigh, North Carolina 27699-1578; Telephone 
(919) 707-2710, email: rdrochelle@dot.state.nc.us. NCTA'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 Complete 540--Triangle Expressway Southeast Extension, a 
27-mile long, multi-lane, fully access-controlled, new location toll 
road. The project is also known as State Transportation Improvement 
Program (STIP) Project Numbers R-2721, R-2828, and R-2829. The project 
would run generally in an east-west direction. On the west, the project 
begins at NC 55 Bypass in Apex; on the east, it ends at US 64/US 264 
(I-495/I-87) in Knightdale. The actions by the Federal agencies, and 
the laws under which such actions were taken, are described in the 
Final Environmental Impact Statement (EIS) for the project, approved on 
December 21, 2017, and the FHWA Record of Decision (ROD) issued on June 
6, 2018 approving the Complete 540 project, and in other documents in 
the FHWA administrative record. The Final EIS, ROD, and other documents 
in the FHWA administrative record file are available by contacting the 
FHWA or the NCDOT Turnpike Authority at the addresses provided above. 
The Final EIS and ROD along with referenced technical documents can be 
viewed and downloaded from the project website at https://www.ncdot.gov/projects/Complete540/ or viewed at the Turnpike Authority 
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 approved on June 6, 2018, and in other documents in the 
FHWA administrative record. The ROD 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].
    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 (I)(1).

Clarence W. Coleman,
Preconstruction and Environment Director, Raleigh, North Carolina.
[FR Doc. 2018-13408 Filed 6-22-18; 8:45 am]
 BILLING CODE 4910-RY-P

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