[Federal Register Volume 74, Number 242 (Friday, December 18, 2009)]
[Notices]
[Pages 67303-67304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30118]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on NC 119 Relocation--
Mebane, Alamance County, NC

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitations on claims for Judicial Review of Actions 
by FHWA and other Federal Agencies.

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SUMMARY: This notice announces actions taken by FHWA and other Federal 
agencies that are final within the meaning of 23 U.S.C. 139(1)(1). The 
actions relate to a proposed highway project, the NC 119 Relocation 
from I-85/40 to south of SR 1918 (Mrs. White Lane)--Mebane, Alamance 
County, North Carolina. 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 (1)(1). A claim seeking judicial 
review of the Federal agency actions on the highway project will be 
barred unless the claim is filed on or before June 16, 2010. 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: Clarence W. Coleman, P. E., 
Preconstruction and Environmental Director, 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 also 
contact Gregory J. Thorpe, PhD, 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, 
[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: Notice is hereby given that the FHWA has 
taken final agency action subject to 23 U.S.C. 139 (l)(1) by issuing 
licenses, permits, and approvals for the following highway project in 
the State of North Carolina: NC 119 Relocation, Federal-aid Project No. 
STP-119(1), Alamance County, North Carolina. This project identified a 
need to address capacity constraints and connectivity deficiencies 
along the existing NC 119 in Mebane, North Carolina. The proposed 
action will improve 5.6 miles of NC 119 from I-85/40 to south of SR 
1918 (Mrs. White Lane). Beginning at I-85/40, the selected alternative 
(Alternative 9) constructs a six-lane, median divided facility before 
transitioning to a four-lane, median divided typical section in the 
vicinity of Fieldstone Drive. The project includes a grade separation 
over the North Carolina Railroad and US 70, which lies adjacent to the 
railroad. 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 June 11, 2009, in 
the FHWA Record of Decision (ROD) issued on December 8, 2009, and in 
other documents in the FHWA administrative record. The FEIS, ROD, and 
other documents in the FHWA administrative record file are available by 
contacting the FHWA or 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 7 Alamance County Resident Engineer 
Office, 115 East Crescent Square Drive, Graham, North Carolina; Mebane 
Public Library, 101 South 1st Street, North Carolina; City of Mebane 
Planning & Zoning Department, 106 East Washington Street, Mebane, North 
Carolina; Alamance-Burlington School System, 1712 Vaughn Road, 
Burlington, North Carolina; and Alamance County Planning Department, 
217 College Street, Suite C, Graham, North Carolina.
    This notice applies to all Federal agency decisions as of the 
issuance date of this notice and all laws under which such actions were 
taken, including but not limited to:
    1. General: National Environmental Policy Act (NEPA) [42 USC 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 USC 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

[[Page 67304]]

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 (1)(1)

    Issued on: December 10, 2009.
Clarence W. Coleman,
Preconstruction and Environmental Director, Raleigh, North Carolina.
[FR Doc. E9-30118 Filed 12-17-09; 8:45 am]
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