Notice of Final Federal Agency Actions on Proposed Shared-Use Path in New York State |
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Jeffrey W. Kolb
Federal Highway Administration
September 29, 2010
[Federal Register: September 29, 2010 (Volume 75, Number 188)]
[Notices]
[Page 60164]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se10-121]
[[Page 60164]]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on Proposed Shared-Use
Path in New York State
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of Limitation on Claims for Judicial Review of Actions
by FHWA.
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SUMMARY: This notice announces actions taken by the FHWA, USACE, and
other Federal agencies that are final within the meaning of 23 U.S.C.
139(l)(1). The actions relate to a proposed Shared-Use Path
Construction Project: PIN 4760.35 Auburn Trail Extension, Town of
Victor, Ontario County, New York State. 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(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 180 days after publication of
this notice in the Federal Register.
FOR FURTHER INFORMATION CONTACT: For FHWA: Mr. Jeffrey W. Kolb,
Division Administrator, Federal Highway Administration, Leo W. O'Brien
Building, Suite 719, Clinton Avenue and North Pearl Street, Albany, New
York 12207; telephone: (518) 431-4121; e-mail: NewYork.fhwa@dot.gov.
The FHWA New York Division Office's normal business hours are 7:45 a.m.
to 4:15 p.m. (eastern time). For New York State Department of
Transportation, Mr. Robert Traver, Acting Regional Director, 1530
Jefferson Road, Rochester New York, 14623; telephone: (585) 272-3310.
For the Town of Victor, Jack Marren, Supervisor, Town of Victor Town
Hall, 85 East Main Street, New York 14564; telephone: (585) 924-3311.
SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has
taken final agency actions subject to 23 U.S.C. 139(l)(1) by issuing a
Finding of No Significant Impact (FONSI) for the following trail
project in the State of New York: PIN 4760.35 Auburn Trail Extension,
Town of Victor, Ontario County. The project is a portion of the Auburn
Trail located in the northwest quadrant of the Town of Victor, Ontario
County with a small portion in the Towns of Perinton and Pittsford,
Monroe County. The project begins at Main Street in the Hamlet of
Fischers and extends northerly to Woolston Road in Monroe County for a
total length including the connection to Powder Mills Park of 2.5
miles. The project primarily provides for the construction of an 8-foot
wide Two-Way Shared-Use Path with 2-foot wide graded grass shoulders on
either side and is further described under Alternative 5 in
the June 2010 Final Design Report/Environmental Assessment. The
proposed Shared-Use Path will be built on an old railroad embankment
currently under permanent easement by the Town of Victor. The actions
by the Federal Highway Administration, and the laws under which such
action was taken, are described in the Final Design Report/
Environmental Assessment for the project, approved on July 26, 2010 and
in the FHWA Finding of No Significant Impact (FONSI) issued on
September 22, 2010 and published in the Federal Register. The FONSI,
and other project records are available by contacting the FHWA, the New
York State Department of Transportation or the Town of Victor at the
addresses provided above. The FHWA FONSI can be viewed and downloaded
from the project Web site at http://www.victorny.org or viewed at
public libraries in the project area.
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 [16 U.S.C. 1531-1544 and
Section 1536]; Marine Mammal Protection Act [16 U.S.C. 1361]; Fish and
Wildlife Coordination Act [16 U.S.C. 661-667(d)]; Migratory Bird Treaty
Act [16 U.S.C. 703-712].
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]; 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]; Wetlands
Mitigation [23 U.S.C. 103(b)(6)(M) and 133(b)(11)]; Flood Disaster
Protection Act, 42 U.S.C. 4001-4128.
8. 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. Sec. 139(l)(1)
Issued on: September 22, 2010.
Jeffery W. Kolb,
New York Division Administrator, Albany.
[FR Doc. 2010-24249 Filed 9-28-10; 8:45 am]
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