[Federal Register Volume 74, Number 30 (Tuesday, February 17, 2009)]
[Notices]
[Pages 7535-7536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3259]


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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 
Triangle Parkway, which begins at NC 540 in Wake County and ends at I-
40 in Durham County, North Carolina. The Triangle Parkway is also known 
as State Transportation Improvement Program Project U-4763B. 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 Federal agency actions that are covered by this notice will be 
barred unless the claim is filed on or before August 17, 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: Mr. George Hoops, P.E., Major Projects 
Engineer, Federal Highway Administration, 310 New Bern Avenue, Suite 
410, Raleigh, North Carolina, 27601-1418, 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 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 August 6, 2008, the FHWA published a 
``Notice of Final Federal Agency Actions on Proposed Highway in Wake 
and Durham Counties, North Carolina'' in the Federal Register in Volume 
73, Number 152 for the following highway project: The Triangle Parkway, 
a 3.4-mile long, multi-lane, fully access-controlled, new location 
roadway. The project is also known as State Transportation Improvement 
Program (STIP) Project U-4763B. The project would run generally in a 
north-south direction, roughly parallel to NC 55, Davis Drive, and NC 
54. On the south, the project begins at NC 540 in Wake County; on the 
north, it ends at I-40 in Durham County. The purpose of the project is 
to improve commuter mobility, accessibility, and connectivity to 
Research Triangle Park employment center and to reduce congestion on 
existing north-south routes that serve the Triangle Region, primarily 
NC 55 and NC 54. The project is known as Federal-Aid Project Number 
NHS-54(7). The actions by the Federal agencies, and the laws under 
which such actions were taken, are described in the Environmental 
Assessment (EA) for the project, approved on February 20, 2008, and the 
FHWA Finding of No Significant Impact (FONSI) issued on July 29, 2008, 
approving the Triangle Parkway project, 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. Sec.  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 EA and FONSI and the USACE decision can be viewed at the North 
Carolina Turnpike Authority offices and can be downloaded from the 
NCTA's project Web site at http://www.ncturnpike.org/projects/Triangle_Parkway/documents.asp. 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 may 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

[[Page 7536]]

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: February 10, 2009.
George Hoops,
FHWA Major Projects Engineer, Raleigh, North Carolina.
 [FR Doc. E9-3259 Filed 2-13-09; 8:45 am]
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