[Federal Register Volume 72, Number 246 (Wednesday, December 26, 2007)]
[Notices]
[Pages 73060-73061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24923]


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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 limitations on claims for judicial review of actions 
by FHWA and other Federal agencies.

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SUMMARY: This notice announces actions taken by FHWA that are final 
agency actions within the meaning of 23 U.S.C. 139 (I)(1). These final 
agency actions relate to a proposed highway project, U.S. 64 
Improvements--Asheboro, Randolph County, North Carolina from just east 
of SR 1424 (Stutts Road) to U.S. 64 east of U.S. 64/Presnell Street, 
where the Record of Decision (ROD) identifies Alternative 29 as the 
selected alternative, as it is the Least Environmentally Damaging 
Practicable Alternative (LEDPA). The Abbreviated Final Environmental 
Impact Statement (FEIS) was approved and published by FHWA in March, 
2007 and a ROD was issued on December 6, 2007. FHWA selects Alternative 
29 in the ROD based on public and resource agency input, including the 
North Carolina Department of Transportation. Selecting Alternative 29 
is in the best overall public interest because it was identified as the 
LEDPA, it avoids controversial and serious neighborhood impacts of 
other alternative analyzed, has the fourth fewest number of stream 
crossings, affects the smallest area of wetlands, has the fourth lowest 
noise receiver impacts of the nine alternatives considered, is 
supported by local governments including the city of Asheboro, and is 
supported by many citizens.

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 Federal agency actions on the highway project will be 
barred unless the claim is filed on or before June 23, 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) 747-7014; e-mail: 
[email protected]. FHWA North Carolina Division Office's

[[Page 73061]]

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 has 
taken final agency action subject to 23 U.S.C. 139 (l)(1) by issuing a 
decision for the following highway project in the State of North 
Carolina: U.S. 64 Improvements, Federal Aid No. NHF-64(19), Randolph 
County, North Carolina. This project identified a need to address 
capacity constraints and safety considerations on the current U.S. 64 
in Asheboro, North Carolina. The proposed action will improve 14 miles 
of U.S. Highway 64 from just east of SR 1424 (Stutts Road) to 0.6 miles 
east of SR 2345 (Presnell Street). The selected alternative 
(Alternative 29) constructs a four-lane, median divided facility with 
full access control on new location as well as a two-lane parkway 
facility known as the Zoo Connector. The actions by the Federal 
agencies, and the laws under which such actions were taken, are 
described in the Abbreviated Final Environmental Impact Statement 
(FEIS) for the project, approved on May 12, 2007, in the FHWA Record of 
Decision (ROD) issued on December 6, 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 8 Construction Engineer Office, 902 N. Sandhills Blvd., 
Aberdeen, North Carolina; Randolph County Public Library, 201 Worth 
Street, Asheboro, North Carolina; Randolph County Planning & Zoning 
Department, 204 East Academy Street, Asheboro, North Carolina; Randolph 
County School System, 2222 South Fayetteville Street, Asheboro, North 
Carolina; City of Asheboro Planning Department, 146 North Church 
Street, Asheboro, North Carolina; City of Asheboro Engineering 
Department, 146 North Church Street, Asheboro, North Carolina and 
Asheboro/Randolph Chamber of Commerce, 317 Dixie Drive, Asheboro, 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: December 18, 2007.
Clarence W. Coleman,
Operations Engineer, Raleigh, North Carolina.
[FR Doc. E7-24923 Filed 12-21-07; 8:45 am]
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