[Federal Register Volume 72, Number 208 (Monday, October 29, 2007)]
[Notices]
[Pages 61209-61210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21207]


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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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SUMMARY: This notice announces actions taken by the FHWA and other 
Federal agencies that are final within the meaning of 23 U.S.C. 139 
(I)(1). The actions relate to a proposed highway project, Wilmington 
Bypass, from U.S. 17 to U.S. 421 in New Hanover and Brunswick Counties, 
Wilmington, North Carolina. 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

[[Page 61210]]

Federal agency actions on the highway project will be barred unless the 
claim is filed on or before April 28, 2008. 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: Clarence W. Coleman, P. E., Operations 
Engineer, Federal Highway Administration, 310 New Bern Avenue, Ste 410, 
Raleigh, North Carolina, 27601-1418; Telephone: (919) 856-4350 
extension 133; e-mail: [email protected]. FHWA North 
Carolina Division Office's normal business hours are 8 a.m. to 5 p.m. 
(Eastern Time). You may also contact Gregory J. Thorpe, Ph.D., Project 
Development and Environmental Analysis Branch Manager, North Carolina 
Department of Transportation (NCDOT), 1 South Wilmington Street 
(Delivery), 1548 Mail Service Center, Raleigh, North Carolina 27699-
1548; Telephone (919) 733-3141, [email protected]. NCDOT--Project 
Development and Environmental Analysis Branch Office's normal business 
hours are 8 a.m. to 5 p.m. (Eastern Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions by issuing 
licenses, permits, and approvals for the following highway project in 
the State of North Carolina: Wilmington Bypass, Federal Aid No. STPNHF-
17(1), New Hanover and Brunswick Counties, North Carolina. The proposed 
action will construct 12.9 miles of a four-lane facility on new 
location from U.S. 17 to U.S. 421 in Wilmington, North Carolina. The 
actions by the Federal agencies, and the laws under which such actions 
were taken, are described in the Final Environmental Impact Statement 
(FEIS) for the project, approved on April 17, 2007, in the FHWA Record 
of Decision (ROD) issued on October 18, 2007, and in other documents in 
the FHWA administrative record. The FEIS, ROD, and other documents in 
the FHWA administrative record file are available by contacting the 
FHWA or NCDOT at the addresses provided above. The FHWA FEIS and ROD 
can be viewed at the NCDOT--Project Development and Environmental 
Analysis Branch, 1 South Wilmington Street, Raleigh, North Carolina; 
NCDOT--Division 3 Construction Engineers Office, 124 Division Drive, 
Wilmington, North Carolina and the Wilmington MPO Office, 305 Chestnut 
Street, Floor 4, Wilmington, North Carolina.
    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: 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)]; 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).

    Issued on: October 23, 2007.
Clarence W. Coleman,
Operations Engineer, Raleigh, North Carolina.
 [FR Doc. E7-21207 Filed 10-26-07; 8:45 am]
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