[Federal Register Volume 73, Number 208 (Monday, October 27, 2008)]
[Notices]
[Pages 63763-63764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25497]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Transportation 
Project in Washington State

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA and Other Federal Agencies.

-----------------------------------------------------------------------

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(l)(1). The actions relate to the proposed Interstate 90 (I-90) 
Snoqualmie Pass East Project, located between Hyak and Easton (Milepost 
55.1 to 70.3) in the County of Kittitas, within the State of 
Washington. Those actions grant licenses, permits, and approvals for 
the project. The project will add one additional lane eastbound and 
westbound within a 15-mile section of I-90. Specific actions include 
acquiring additional easement and right-of-way, replacing the existing 
snowshed, replacing and adding new bridges and culverts, adding snow 
support structures (avalanche control), extending chain up/off areas, 
adding wildlife overcrossings, removing and placing fill, removing 
vegetations and trees, and providing stormwater treatment for both new 
and existing surfaces. The project also includes extensive mitigation 
and restoration actions which are compatible with land use plans.

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 listed highway project will be 
barred unless the claim is filed on or before April 27, 2009. 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: Liana Liu, Area Engineer; Address: 711 
S. Capitol Way, Suite 501, Olympia, WA; The Area Engineer's regular 
office hours are: Monday-Friday 8 a.m.-4:30 p.m.; Telephone: (360) 753-
9553; e-mail address: [email protected]. You may also contact 
Jason W. Smith, WSDOT I-90 Environmental Manager; Address: 1710 S. 24th 
Avenue, Yakima, WA 98902; Office Hours: Monday-Thursday 8 a.m.-4:30 
p.m.; Telephone (509) 577-1921; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions by issuing 
licenses, permits, and NEPA approval for the I-90 Snoqualmie Pass East 
Project located in the State of Washington that is listed below. The 
first five miles of construction (beginning at MP 55.1) is funded and 
constructing the remaining 10 miles of the project is dependent upon 
the availability of future funding.
    The action by the Federal agencies on a project, and the laws under 
which such action were taken, are described in the Final Environmental 
Impact Statement (EIS) issued in connection with the project, and in 
other project records. The Final EIS and Record of Decision (ROD), and 
other project records for the listed project are available by 
contacting the FHWA or the WSDOT at the addresses provided above. The 
Final EIS and ROD documents also can be viewed and downloaded 
electronically, or viewed at the following public libraries, as 
specified below.
    I-90 Snoqualmie Pass East Project Web site address: http://www.wsdot.wa.gov/projects/I90/SnoqualmiePassEast.
    Area public libraries:
     Washington State Library
     Seattle Public Library (downtown branch)
     King County Libraries (Bellevue Regional, Issaquah, Lake 
Hills, Newport Way, and North Bend)
     Ellensburg Library
     Cle Elum Library
     Central Washington University Library
    This notice applies to all Federal agency decisions on the listed 
projects as of the issuance date of this notice and all laws under 
which such actions were taken, including but not limited to:
    General: National Environmental Policy Act [42 U.S.C. 4321-4351]; 
Federal-Aid Highway Act [23 U.S.C. 109].
    Air: Clean Air Act, as amended [42 U.S.C. 7401-7671(q)].
    Land: Section 4(f) of the Department of Transportation Act of 1966 
[49 U.S.C. 303], Organic Act of 1897 [16 U.S.C. 473 et seq.], National 
Forest Management Act of 1976 [16 U.S.C.].
    Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; Anadromous 
Fish Conservation Act [16 U.S.C. 757(a)-757(g)]; Fish and Wildlife 
Coordination Act [16 U.S.C. 661-667(d)]; Magnuson-Stevenson Fishery 
Conservation and Management Act of 1976, as amended [16 U.S.C. 1801 et 
seq.]; Migratory Bird Treaty Act [16 U.S.C. 703-712].
    Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq.]; Archaeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-11]; Archaeological and Historic Preservation Act [16 U.S.C. 
469-469(c)]; Native American Grave Protection and Repatriation Act [25 
U.S.C. 3001-3013].
    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 [7 U.S.C. 4201-4209]; the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970, as amended [42 U.S.C. 61].
    Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-1377

[[Page 63764]]

(Section 404, Section 401, Section 319); Land and Water Conservation 
Fund [16 U.S.C. 4601-4604]; Safe Drinking Water Act [42 U.S.C. 300(f)-
300(j)(6)]; Rivers and Harbors Act of 1899 [33 U.S.C. 401-406]; 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].
    Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act [42 U.S.C. 9601-9675]; Superfund 
Amendments and Reauthorization Act of 1986 [PL 99-499]; Resource 
Conservation and Recovery Act [42 U.S.C. 6901-6992(k)].
    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.
    Final actions taken under: NEPA Final EIS issuance and Record of 
Decision by FHWA; Biological Opinion issued by United States Fish and 
Wildlife Service on August 29, 2008.
    FHWA NEPA documents: Final EIS published August 29, 2008 and Record 
of Decision issued October 6, 2008. These documents are available from 
the agency contacts, WSDOT Web site or libraries identified above.

(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: October 21, 2008.
Liana Liu,
Area Engineer, Olympia, WA.
[FR Doc. E8-25497 Filed 10-24-08; 8:45 am]
BILLING CODE 4910-RY-P