[Federal Register Volume 74, Number 47 (Thursday, March 12, 2009)]
[Notices]
[Pages 10802-10803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5352]


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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 limitation on claims for judicial review of actions 
by FHWA, the U.S. Army Corps of Engineers (USACE), and other Federal 
agencies.

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SUMMARY: This notice announces actions taken by the USACE that are 
final within the meaning of 23 U.S.C. 139 (I)(1). The actions relate to 
a proposed highway project, Fayetteville Outer Loop, from I-95 south of 
Fayetteville to U.S. 401 (Ramsey Street) in Fayetteville, North 
Carolina, Cumberland and Robeson Counties, North Carolina. Those 
actions grant a permit 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 on the highway project will be barred 
unless the claim is filled on or before September 8, 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 applies.

FOR FURTHER INFORMATION CONTACT: Clarence W. Coleman, P.E., Operations 
Engineer, Federal Highway Administration, 310 New Bern Avenue, Suite 
410, Raleigh, North Carolina 27601-1418; Telephone: (919) 747-7014; e-
mail: [email protected]. FHWA North Carolina Division Office's 
normal business hours are 8 a.m. to 5 p.m. (Eastern Time). You may 
contact Richard K. Spencer, Regulatory Project Manager, United States 
Army Corps of Engineers, Regulatory Branch, 69 Darlington Avenue, 
Wilmington, NC 28403; Telephone (910) 251-4172; e-mail: 
[email protected]. United States Army Corps of 
Engineers' normal business hours are 8 a.m. to 5 p.m. (Eastern Time). 
You may also

[[Page 10803]]

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; 
e-mail [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: On October 5, 2006, the FHWA published a 
``Notice of Final Federal Agency Actions on Proposed Highway in North 
Carolina'' in the Federal Register at Volume 71, Number 193 for the 
following project: Fayetteville Outer Loop, Federal Aid No. DPR-
0100(001) and DPR-0100(002), from I-95 south of Fayetteville to U.S. 
401 (Ramsey Street) in Fayetteville, North Carolina, Cumberland and 
Robeson Counties, North Carolina. The project will be a 28-mile long, 
four-lane divided controlled-access freeway on new alignment. The 
project extends westward from the end of I-295 along the southern 
boundary of Fort Bragg Military Reservation/northern municipal limits 
of the City of Fayetteville then turns southward along the western 
limits of the City of Fayetteville and the Town of Hope Mills until it 
connects with I-95. A Final Environmental Impact Statement (FEIS) for 
the project was approved on August 17, 2005; the FHWA Record of 
Decision (ROD) was issued on January 19, 2006. Notice is hereby given 
that, subsequent to the earlier FHWA ROD, 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 
are described in the USACE decisions and its project records, 
referenced as SAW-200801413. The permit and decision document is 
available by contacting NCDOT at the address above.
    Information about the project and project records also are 
available from FHWA and 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 6 Construction Engineer Office, 558 
Gillespie Street, Fayetteville, North Carolina and Fayetteville MPO 
Office, 130 Gillespie Street, 2nd Floor, Fayetteville, North Carolina.
    This notice applies to all USACE decisions taken after January 19, 
2006, the issuance date of the FHWA ROD, described above. The laws 
under which 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: March 6, 2009.
Clarence W. Coleman,
Director of Preconstruction and Environment, Raleigh, North Carolina.
 [FR Doc. E9-5352 Filed 3-11-09; 8:45 am]
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