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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
29 March 2019

[Federal Register Volume 84, Number 61 (Friday, March 29, 2019)]
[Pages 12017-12018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06006]



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 new 
crossing of Currituck Sound along the North Carolina Coast in Currituck 
and Dare Counties, North Carolina. This project, known as the Mid-
Currituck Bridge Project, is also known as State Transportation 
Improvement Program Project R-2576. Those actions grant licenses, 
permits, and approvals for the project.

DATES: 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 26, 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.

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 subject to 23 U.S.C. 
139(l)(1) by issuing a Record of Decision (ROD) for the following 
highway project in the State of North Carolina: the Mid-Currituck 
Bridge project, which proposes to create a second crossing of Currituck 
Sound--north of the Wright Memorial Bridge--to help alleviate 
congestion and improve the flow of evacuation traffic in the event of a 
hurricane or severe storm.
    The 7-mile toll project includes a two-lane bridge that spans 
Currituck Sound and connects the Currituck County mainland to the Outer 
Banks. It also includes a second two-lane bridge that spans Maple Swamp 
on the Currituck County mainland, connecting Aydlett to U.S. 158.
    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 January 12, 2012, and the 
FHWA ROD issued on March 7, 2019 approving the Mid-Currituck Bridge 
project, and in other documents in the project records. The Final EIS, 
ROD, and other documents in the project file are available by 
contacting 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 
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 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)

[[Page 12018]]

    Issued on: March 20, 2019.
Clarence W. Coleman,
Preconstruction and Environment Director, Raleigh, North Carolina.
[FR Doc. 2019-06006 Filed 3-28-19; 8:45 am]

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