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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
22 March 2019


[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]]

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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

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