[Federal Register Volume 72, Number 249 (Monday, December 31, 2007)]
[Notices]
[Page 74404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-6225]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Action on Proposed Highway in 
Idaho

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Action by 
Army Corps of Engineers (USACE).

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SUMMARY: This notice announces action taken by the USACE that is final 
within the meaning of 23 U.S.C. 139(l)(1). The action relates to a 
proposed highway project, Sandpoint North and South, Federal-aid 
Project No. DHP-NH-IR-CM-F-5116(068), Idaho Department of 
Transportation (ITD) Key No. 1729, Sandpoint in Bonner County in the 
State of Idaho. The action grants a Clean Water Act (CWA), section 404 
permit for the project, pursuant to 33 U.S.C. 1344.

DATES: By this notice, the FHWA is advising the public of a final 
agency action subject to 23 U.S.C. 139(l)(1). A claim seeking judicial 
review of the Federal agency action on the highway project will be 
barred unless the claim is filed on or before June 30, 2008.

FOR FURTHER INFORMATION CONTACT: For FHWA: Mr. Peter Hartman, Division 
Administrator, Federal Highway Administration, 3050 Lakeharbor Lane 
Suite 126, Boise, Idaho 83703; telephone: (208) 334-1843; e-mail: 
[email protected]. The FHWA Idaho Division Office's normal 
business hours are 8 a.m. to 4 p.m. (Mountain Time). For USACE: Mr. 
Brad Daly, Chief, Regulatory Division, U.S. Army Corps of Engineers, 
Walla Walla District, 201 North 3rd Avenue, Walla Walla, WA 99362; 
telephone: (509) 527-7151. Normal business hours are 8 a.m. to 5 p.m. 
(Pacific Time). For ITD: Mr. Damon Allen, District 1 Engineer, Idaho 
Transportation Department, District 1 Office, 600 West Prairie, Coeur 
D'Alene, ID 83815; telephone: (208) 772-1200. Normal business hours are 
7 a.m. to 4 p.m. (Pacific Time).

SUPPLEMENTARY INFORMATION: The US-95 Sandpoint North and South project, 
DHP-NH-IR-CM-F-5116(068), involves construction, reconstruction and 
widening of an eight-mile section of US-95 from north of the community 
of Sagle to north of Kootenai Cutoff Road in the City of Ponderay. A 
Final Environmental Impact Statement was approved by FHWA on September 
9, 1999. A Record of Decision was issued on May 23, 2000. The project 
will be funded and constructed in phases: Sagle to the Long Bridge, 
Long Bridge Widening, Sand Creek Byway, and Sandpoint to Kootenai 
Cutoff Road. An Environmental Assessment (EA), which addressed changes 
in the Sand Creek Byway phase of the project since the ROD and also 
revaluated the entire Sandpoint North and South project, was approved 
May 7, 2004. The EA was made available to the public and a revised EA 
and Finding of No Significant Impact (FONSI) were approved on April 15, 
2005. A subsequent environmental re-evaluation of the project was 
approved on August 17, 2006.
    Notice is hereby given that, subsequent to the earlier FHWA 
actions, the USACE has taken a final agency action subject to 23 U.S.C. 
139(1)(1) by issuing a CWA section 404 permit for the Sand Creek Byway 
portion of the highway project. The actions by the USACE, related final 
actions by other federal agencies, and the laws under which such 
actions were taken, are described in the USACE decisions and its 
project records, referenced as USACE Permit Number: NWW No. 040500002. 
That information is available by contacting the USACE at the address 
provided above. Information about the project and project records is 
available from the FHWA and the Idaho Transportation Department (ITD) 
at the addresses provided above. Information on the project and a link 
to the Notice of Limitation on Claims for Judicial Review of Action by 
Army Corps of Engineers can also be found at http://www.itd.idaho.gov/projects/d1/sandcreekbyway. The FHWA EIS/ROD, EA, Reviewed EA/FONSI, 
re-evaluation, and other supporting information are also available by 
contacting the FHWA or ITD at the addresses provided above.
    This notice applies to the USACE permit action taken after the FHWA 
actions described above, and the law under which such action was taken, 
specifically: section 404 of the Clean Water Act: 33 U.S.C. 1344.

(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).

    Issued on: December 19, 2007.
Peter Hartman,
Division Administrator.
[FR Doc. 07-6225 Filed 12-28-07; 8:45 am]
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