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

John Sullivan III
Federal Highway Administration
January 11, 2011

[Federal Register: January 11, 2011 (Volume 76, Number 7)]
[Notices]               
[Page 1663-1664]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ja11-102]                         

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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.

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[[Page 1664]]

SUMMARY: This notice announces action taken by the FHWA and other 
federal agencies that is final within the meaning of 23 U.S.C. 
139(l)(1). This final agency action relates to a proposed highway 
project, Bonner Bridge Replacement Project along NC 12, from Rodanthe 
to Bodie Island in Dare County, North Carolina. The FHWA's Record of 
Decision (ROD) identifies the Parallel Bridge with NC 12 Transportation 
Management Plan as the selected alternative.

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 final Federal agency actions on the highway project will be 
barred unless the claim is filed on or before July 10, 2011. If the 
Federal law that authorizes judicial review of a claim provides a time 
period of less than 180 days for filing such claim, then that shorter 
time period still applies.

FOR FURTHER INFORMATION CONTACT: Mr. Clarence W. Coleman, P. E., 
Director of Preconstruction and Environment, Federal Highway 
Administration, 310 New Bern Avenue, Suite 410, Raleigh, North Carolina 
27601-1418, Telephone: (919) 747-7014; e-mail: 
clarence.coleman@dot.gov. FHWA North Carolina Division Office's normal 
business hours are 8 a.m. to 5 p.m. (Eastern Time). Mr. Gregory Thorpe, 
PhD, Environmental Director, North Carolina Department of 
Transportation (NCDOT), 1548 Mail Service Center, Raleigh, North 
Carolina, 27699-1548, Telephone: (919) 733-3141; e-mail: 
gthorpe@ncdot.gov. NCDOT's normal business hours are 8 a.m. to 5 p.m. 
(Eastern Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency action by issuing a Record of Decision (ROD) for the 
following highway project in the State of North Carolina: The Bonner 
Bridge Replacement Project along Highway NC 12, from Rodanthe to Bodie 
Island, in Dare County, North Carolina. The project is also known as 
State Transportation Improvement Program (STIP) Project B-2500. Located 
in the Outer Banks of North Carolina, the selected alternative will 
replace the deteriorating Bonner Bridge over Oregon Inlet as Phase 1 of 
the project and includes an NC 12 Transportation Management Plan that 
establishes a process for future decision-making for the section of NC 
12 from Oregon Inlet to the Village of Rodanthe. The NC 12 
Transportation Management Plan requires coastal monitoring and various 
studies of project area conditions through the year 2060 on Hatteras 
Island and the Plan sets forth a process for planning and implementing 
possible future phases of the project. The FHWA's action, related 
actions by other Federal agencies and the laws under which such actions 
were taken, are described in the Final Environmental Impact Statement 
(FEIS)/Final Section 4(f) Evaluation for the project, approved on 
September 17, 2008; the Revised Final Section 4(f) Evaluation, approved 
on October 9, 2009; the Environmental Assessment, approved on May 7, 
2010; and the FHWA ROD issued on December 20, 2010 approving the Bonner 
Bridge Replacement project, and in other documents in the project file. 
The FEIS/Final Section 4(f) Evaluation, Revised Final Section 4(f) 
Evaluation, EA, ROD, are available for review by contacting the FHWA or 
the NCDOT at the addresses provided above. In addition, the FEIS, 
Revised Final Section 4(f) Evaluation, EA, and ROD can be viewed and 
downloaded from the project Web site at http://www.ncdot.gov/projects/
bonnerbridgerepairs/. This notice applies to all final Federal agency 
actions and agency decisions as of the issuance date of this notice, 
and to all laws under which such actions or decisions 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. 101 et seq.].
    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]; Coastal Barrier Resources Act [16 U.S.C. 3501-
3510].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; Marine 
Mammal Protection Act [16 U.S.C. 1361-1407]; 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 [16 U.S.C. 1801 et. seq.].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966 [16 U.S.C. 470(f)].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)].
    7. Wetlands and Water Resources: Safe Drinking Water Act (SDWA) [42 
U.S.C. 300(f)-300(j)(6)]; Emergency Wetlands Resources Act of 1986 [16 
U.S.C. 3921, 3931]; Flood Disaster Protection Act [42 U.S.C. 4001-
4128].
    8. Executive Orders: E.O. 11514 Protection and Enhancement of 
Environmental Quality; E.O. 11593 Protection and Enhancement of 
Cultural Resources; E.O. 11988 Floodplain Management; E.O. 11990 
Protection of Wetlands; E.O.13112 Invasive Species; E.O. 13287 Preserve 
America; E.O. 13547 Stewardship of the Ocean, Our Coasts, and the Great 
Lakes.
    The ROD describes the environmental permitting processes that must 
be concluded with the U.S. Army Corps of Engineers, U.S. Coast Guard, 
U.S. Fish and Wildlife Service, and National Park Service before 
construction will begin on Phase 1 of the project. This notice does not 
apply to those pending environmental permitting decisions.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Research, 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: January 5, 2011.
John Sullivan, III,
Division Administrator, Federal Highway Administration, Raleigh, North 
Carolina.
[FR Doc. 2011-366 Filed 1-10-11; 8:45 am]
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