[Federal Register Volume 73, Number 92 (Monday, May 12, 2008)]
[Notices]
[Pages 27012-27013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10465]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


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 Army Corps of Engineers (USACE), DoD, and Other Federal Agencies.

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SUMMARY: This notice announces actions taken by the USACE 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, the 
Western Wake Freeway, which begins at NC 55 at Old Smithfield Road (SR 
1172) between Apex and Holly Springs and ends at NC 55 near Alston 
Avenue north of Cary in the County of Wake, State of North Carolina. 
The Western Wake Freeway is also known as State Transportation 
Improvement Program Project R-2635. It is part of the Outer Wake 
Expressway, a circumferential freeway around Raleigh, North Carolina. 
Those actions

[[Page 27013]]

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 Federal agency actions that are covered by this notice will be 
barred unless the claim is filed on or before November 10, 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: Mr. George Hoops, P.E., Major Projects 
Engineer, Federal Highway Administration, 310 New Bern Avenue, Suite 
410, Raleigh, North Carolina, 27601, Telephone: (919) 747-7022; e-mail: 
[email protected]. (Regular business hours are 8 a.m. to 5 
p.m.). Ms. Jennifer Harris, P.E., Staff Engineer, North Carolina 
Turnpike Authority, 5400 Glenwood Avenue, Suite 400, Raleigh, North 
Carolina, 27612, Telephone: (919) 571-3004; e-mail: 
[email protected]. (Regular business hours are 8 a.m. to 
e-mail 5 p.m.). Mr. Eric Alsmeyer, Project Manager, U.S. Army Corps of 
Engineers, Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, 
Suite 105, Wake Forest, North Carolina, 27587, Telephone: (919) 554-
4884, extension 23; e-mail: [email protected]. (Regular 
business hours are 8 a.m. to 5 p.m.).

SUPPLEMENTARY INFORMATION: On September 27, 2007, the FHWA published a 
``Notice of Final Federal Agency Actions on Proposed Highway in North 
Carolina'' in the Federal Register in Volume 72, Number 187 for the 
following highway project: The Western Wake Freeway, a 12.6-mile long, 
6-lane, fully access-controlled, new location roadway located in Wake 
County, North Carolina. The purpose of the project is to provide a high 
speed, multi-lane, controlled-access facility to accommodate the 
increasing transportation demand in the western Wake County area. The 
project is known as Federal Project Number BRSTP-000S(491). 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 January 21, 2004, in the FHWA Record of 
Decision (ROD) issued on April 30, 2004 approving the Western Wake 
Freeway project, and in a Reevaluation Report for Administrative Action 
issued on September 7, 2007 (``Reevaluation Report''), determining that 
a supplemental environmental impact statement is not required, and in 
other documents in the FHWA administrative record. Notice is hereby 
given that, subsequent to the earlier FHWA notice, the USACE has taken 
final agency actions within the meaning of 23 U.S.C. 139(I)(1) by 
issuing permits and approvals for 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 administrative record for the project, referenced as 
Department of the Army Permit Number 2007-02903. That information is 
available by contacting the USACE at the address provided above.
    Information about the project also is available from the FHWA and 
the North Carolina Turnpike Authority at the addresses provided above. 
The FHWA FEIS, ROD and Reevaluation Report can be viewed at the North 
Carolina Turnpike Authority offices. The USACE decision can be viewed 
and downloaded from the project Web site at http://www.ncturnpike.org/pdf/STIPR-2635404Permit.pdf. This notice applies to all USACE and other 
Federal agency final actions taken after the issuance date of the FHWA 
Federal Register notice described above. The laws under which actions 
were taken include, but are 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: May 5, 2008.
George Hoops,
Major Projects Engineer, Raleigh, North Carolina.
[FR Doc. E8-10465 Filed 5-9-08; 8:45 am]
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