[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Notices]
[Pages 72862-72863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29805]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Indiana

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA and United States Army Corps of Engineers (USACE), DoD.

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SUMMARY: This notice announces actions taken by the FHWA and the USACE 
that are final within the meaning of 23 U.S.C. 139(l)(1). The actions 
relate to proposed highway projects for a 25.73 mile segment of I-69 in 
the Counties of Daviess and Greene, State of Indiana, and 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(l)(1) and are final within the meaning 
of that law. A claim seeking judicial review of those Federal agency 
actions that are covered by this notice will be barred unless the claim 
is filed on or before May 25, 2011. 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 the shorter time period applies.

FOR FURTHER INFORMATION CONTACT: For the FHWA: Ms. Michelle Allen, 
Federal Highway Administration, Indiana Division, 575 North 
Pennsylvania Street, Room 254, Indianapolis, IN 46204-1576; telephone: 
(317) 226-7344; e-mail: [email protected]. The FHWA Indiana 
Division Office's normal business hours are 7:30 a.m. to 4 p.m., e.t. 
For the USACE: Mr. Greg Mckay, Chief, North Section Regulatory Branch, 
Louisville District, United States Army Corps of Engineers, P.O. Box 
59, Louisville, KY 40201-0059; telephone: (502) 315-6685; e-mail: 
[email protected]. Normal business hours are 8 a.m. to 5 
p.m., e.t. You may also contact Mr. Thomas Seeman, Project Manager, 
Indiana Department of Transportation (INDOT), 100 North Senate Avenue, 
Indianapolis, IN 46204; telephone: (317) 232-5336; e-mail: 
[email protected]. Normal business hours for the Indiana Department 
of Transportation are: 8 a.m. to 4:30 p.m., e.t.

SUPPLEMENTARY INFORMATION: On August 13, 2010, the FHWA published a 
``Notice of Final Federal Agency Actions on Proposed Highway in 
Indiana'' in the Federal Register at (75 FR 49547) for the Section 3, 
25.73 mile I-69 project in Daviess and Greene Counties. 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(l)(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 project records, referenced as Section 404 Water 
Quality Permit, Number LRL-2010-39-djd. That information is available 
by contacting the USACE at the address provided above.
    As part of the Section 3 project, which begins at the terminus of 
the Section 2 project, there are six crossings of water resources 
requiring individual permits from the USACE, including streams, open 
water and emergent, scrub-shrub and forested wetlands. Subject to the 
permit conditions, INDOT is permitted to discharge fill material below 
the Ordinary Highway Water mark of 8,925 linear feet of Doan's Creek 
and intermittent and ephemeral tributaries of Eagan Ditch and Doan's 
Creek, and to discharge fill material into 4.64 acres of open water and 
emergent, scrub-shrub and forested wetlands adjacent to First Creek and 
Doan's Creek in constructing these crossings. In addition, in two 
letters dated January 20, 2010 and May 4, 2010, the USACE has 
authorized impacts at 32 other sites under their jurisdiction within 
Section 3 of the I-69 project in Daviess and Greene Counties via the 
Regional General Permit No. 1 issued jointly by the Louisville and 
Chicago Districts on December 15, 2009.
    On January 7, 2010, INDOT filed an application with the USACE for 
authorization under Section 404 of the Clean Water Act, 33 U.S.C. 1344, 
to construct the 25.73 mile Section 3 I-69 project. On July 14, 2010, 
the USACE took final action in issuing the Section 404 Water Quality 
Permit for the Section 3 I-69 project, Number LRL-2010-39-djd, as 
described in the USACE decision and its administrative record for the 
project. A Notice of Limitation on Claims for Judicial Review of 
Actions by FHWA, United States Fish and Wildlife Service (USFWS), DOI, 
and USACE was published in the Federal Register on August 13, 2010 (75 
FR 49547). On September 7, 2010, the USACE suspended the Section 404 
Water Quality Permit, Number LRL-2010-39-djd, after a review of the 
permit file revealed that the procedural requirements of 33 CFR 327.4, 
the USACE regulation regarding public hearing determinations, had not 
been followed prior to issuance of the permit. On September 15, 2010, 
after ensuring

[[Page 72863]]

that all necessary procedural requirements had been complied with, the 
USACE reinstated the Section 404 Water Quality Permit, Number LRL-2010-
39-djd.
    The actions by the Federal agencies on the project, and the laws 
under which such actions were taken, are described in the Section 404 
Water Quality Permit and Regional General Permit letters, and in other 
documents in the FHWA administrative record for the project. The ROD 
and other documents from the FHWA administrative record files for the 
Section 3 project are available by contacting FHWA, USACE or INDOT at 
the addresses provided above. Project information may also be available 
through the INDOT I-69 Project Web site at http://www.i69indyevn.org/.
    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. 1. National Environmental Policy 
Act (NEPA) [42 U.S.C. 4321-4351]. 2. Federal-Aid Highway Act [23 U.S.C. 
109 and 23 U.S.C. 128]. 3. Clean Water Act, 33 U.S.C. 1251-1377 
(Section 404, Section 402, Section 401, Section 319).

(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: November 19, 2010.
Robert F. Tally Jr.,
Division Administrator, Indianapolis, Indiana.
[FR Doc. 2010-29805 Filed 11-24-10; 8:45 am]
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