[Federal Register Volume 76, Number 75 (Tuesday, April 19, 2011)]
[Notices]
[Pages 21940-21943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9420]


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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 28.7 mile segment of I-69 in 
the Counties of Gibson, Pike and Daviess, 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 October 16, 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: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions by issuing 
licenses, permits, and approvals for the highway projects in the State 
of Indiana that are listed below. The actions by the Federal agencies 
on a project, and the laws under which such actions were taken, are 
described in the Record of Decision (ROD), Reevaluation Documents to 
the final environmental impact statements (FEIS) issued in connection 
with the projects, Section 404 Discharge of Dredged or Fill Material 
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 listed 
projects are available by contacting the FHWA or the Indiana Department 
of Transportation (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/. People unable to access the Web 
site may contact FHWA or INDOT at the addresses listed above. This 
notice applies to all Federal agency decisions on the listed project as 
of the issuance date of this notice and all laws under which such 
actions were taken, including but not limited to: 1. National 
Environmental Policy Act (NEPA) [42 U.S.C. 4321-4351]. 2. Endangered 
Species Act [16 U.S.C. 1531-1544]. 3. Federal-Aid Highway Act [23 
U.S.C. 109 and 23 U.S.C. 128]. 4. Clean Air Act, 42 U.S.C. 7401-
7671(q). 5. Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303]. 6. Section 106 of the National Historic 
Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq.]. 7. 
Bald and Golden Eagle Protection Act [16 U.S.C. 688-688d]. 8. Clean 
Water Act, 33 U.S.C. 1251-1377 (Section 404, Section 402, Section 401, 
Section 319). Previous actions taken by the USFWS for the Tier 1, I-69 
project, pursuant to the Endangered Species Act,

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16 U.S.C. 1531-1544, included its concurrence with the FHWA's 
determination that the I-69 project was not likely to adversely affect 
the eastern fanshell mussel (Cyprogenia stegaria) and that the project 
was likely to adversely affect, but not jeopardize, the bald eagle. The 
USFWS also concluded that the project was not likely to jeopardize the 
continued existence of the Indiana bat and was not likely to adversely 
modify the bat's designated Critical Habitat. These USFWS decisions 
were described in the Programmatic Biological Opinion issued on 
December 3, 2003, the Revised Programmatic Biological Opinion issued on 
August 24, 2006, and other documents in the Tier 1 project records. A 
Notice of Limitation on Claims for Judicial Review of these actions and 
decisions by the USFWS, DOI, was published in the Federal Register on 
April 17, 2007. A claim seeking judicial review of the Tier 1 decisions 
must have been filed by October 15, 2007, to avoid being barred under 
23 U.S.C. 139(l).
    The projects subject to this notice are:
    1. Project: Section 1 of the I-69 highway project from Evansville 
to Indianapolis. Location: I-64 just north of Evansville to just north 
of SR 64 west of Oakland City. Notice is hereby given that, subsequent 
to the earlier FHWA notice, the FHWA has taken final agency actions 
within the meaning of 23 U.S.C. 139(l)(1) by approving three (3) 
Reevaluations of the Tier 2, Section 1 Record of Decision issued on 
December 12, 2007. Section 1 of the I-69 project extends from I-64 just 
north of Evansville to just north of SR 64 west of Oakland City. 
Section 1 is a new alignment, fully access-controlled highway. As 
approved in the Tier 1 ROD, the corridor is generally 2000-feet wide. 
The ROD selected Preferred Alternative 4 for Section 1, as described in 
the I-69 Evansville to Indianapolis, Indiana, Tier 2 Final 
Environmental Impact Statement, Evansville to Oakland City, Indiana 
(FEIS), available at http://www.i69indyevn.org/section1_FEIS.html. The 
ROD also approved the locations of the interchanges, grade separations, 
and access roads (which include new roads, road relocations, and 
realignments). On February 1, 2008, the FHWA published a ``Notice of 
Limitation on Claims for Judicial Review of Actions by FHWA and United 
States Fish and Wildlife Service (USFWS), DOI'' in the Federal Register 
at (73 FR 6241-01) for the Section 1, 13.1 mile segment of I-69 in the 
Counties of Warrick and Gibson. A claim seeking judicial review of the 
Tier 2, Section 1 decisions must have been filed by July 30, 2008, to 
avoid being barred under 23 U.S.C. 139(l). The three (3) Reevaluations 
of the Tier 2, Section 1 ROD include: (1) The March 20, 2009 
Reevaluation, which was prepared to evaluate the effects of additional 
right-of-way and improvements (including right-of-way required for bank 
stabilization, drainage improvements, guard-rail, cul-de-sacs, and a 
potential levee) made necessary based on final design that were not 
analyzed in the Tier 2 Section 1 ROD or FEIS (approved December 12, 
2007); (2) the December 13, 2010 Reevaluation, which was prepared to 
evaluate the impacts of additional right-of-way areas (including right-
of-way required to accommodate cul-de-sac construction, right-of-way 
shift to avoid a stream channel, stream channel realignment and tree 
planting, berm construction around existing oil storage tanks, driveway 
construction, interchange and grade modifications, and flood easements) 
made necessary based on final design that were not analyzed in the Tier 
2 Section 1 ROD or FEIS (approved December 12, 2007); and (3) the 
February 17, 2011 Reevaluation, which was prepared to evaluate the 
impacts of additional right-of-way areas (including right-of-way 
required to accommodate cul-de-sac construction, building removal, cut 
sections through hills, driveway reconstruction, interchange 
modifications, erosion control, fill-in remainder portions of impacted 
ponds, construction of a connector road, drainage easements, and 
revised right-of-way to even station and offset) made necessary based 
on final design that were not analyzed in the Tier 2 Section 1 ROD or 
FEIS (approved December 12, 2007). The analysis in each of the 
Reevaluations supports the FHWA's conclusions that none of the changes 
examined will have impacts sufficient to require preparation of a 
Supplemental Environmental Impact Statement (SEIS) or an additional 
Draft Environmental Impact Statement (DEIS) for Section 1, and 
therefore that the Tier 2 Section 1 FEIS and ROD remain valid. The 
detailed analysis of the reevaluation documents along with the Federal 
decision of minimal impact can be found on the project Web site at 
http://www.i69indyevn.org/reevaluation.html.
    2. Project: Section 2 of the I-69 highway project from Evansville 
to Indianapolis. Location: Oakland City, Indiana to Washington, 
Indiana, Gibson, Pike and Daviess Counties. 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 2, 28.7 mile segment of I-69 in the Counties of Gibson, Pike 
and Daviess. 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 Department of the Army (DA) Permit, Number LRL-2010-466. 
That information is available by contacting the USACE at the address 
provided above.
    On June 18, 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 28.7 mile Section 2 I-69 project. On April 1, 2011, 
the USACE took final action in issuing the Department of the Army (DA) 
Permit for the Section 2 I-69 project, Number LRL-2010-466, as 
described in the USACE decision and its administrative record for the 
project. As part of the Section 2 project, which begins at the northern 
terminus of the Section 1 project, there are 14 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 6,432 
cubic yards of fill material below the Ordinary Highway Water Mark of 
25,075 linear feet of stream channels, and to discharge 638,370 cubic 
yards of fill material into 16.41 acres of open water and emergent, 
scrub-shrub, and forested wetlands in constructing these 14 crossings. 
In addition, in two letters dated July 29, 2010 and September 29, 2010, 
the USACE has authorized impacts at 48 other sites under their 
jurisdiction within Section 2 of the I-69 project in Gibson, Pike and 
Davies Counties via the Regional General Permit No. 1 issued jointly by 
the Louisville and Chicago Districts on December 15, 2009. In the 
letter dated July 29, 2010 from Ms. Deborah Duda Snyder of the 
Indianapolis Regulatory Office of the USACE to Mr. Nathan Saxe of 
INDOT, the USACE verified that 10 individual stream and wetland impacts 
are authorized under the Regional General Permit No. 1 issued jointly 
by the Louisville and Chicago Districts on December 15, 2009. In the 
letter dated September 29, 2011 from Ms. Deborah Duda Snyder of the 
Indianapolis Regulatory Office of the USACE to Mr.

[[Page 21942]]

Nathan Saxe of INDOT, the USACE verified that an additional 38 
individual stream and wetland impacts are authorized under the Regional 
General Permit No. 1 issued jointly by the Louisville and Chicago 
Districts on December 15, 2009, subject to special permit conditions 
requiring compensatory wetland and stream mitigation in accordance with 
approved ``Mitigation and Monitoring Plans.''
    In addition, FHWA has approved five (5) Reevaluations of the Tier 
2, Section 2 Record of Decision issued on August 13, 2010. The five 
Reevaluations of the Tier 2, Section 2 ROD include: (1) The October 6, 
2010 Reevaluation, which was prepared to analyze the impacts of 
additional right-of-way areas (including right-of-way changes to 
accommodate storm water detention, elimination and additions of local 
service roads, cul-de-sac construction, existing bridge upgrades, 
building removal, mitigation, construction of access roads, spill 
containment, and to tie into Section 1 right-of-way) made necessary 
based on final design of segments 1 and 1A of Section 2 that were not 
analyzed in the Tier 2 Section 2 ROD or FEIS (approved April 18, 2010); 
(2) the December 6, 2010 Reevaluation, which was prepared to evaluate 
the impacts of permanent flood easements required for the final design 
of seventeen waterway bridge crossings within Section 2 and determine 
the changes in impacts to the affected environment from what was 
documented in the Tier 2 Section 2 ROD (approved April 18, 2010); (3) 
the December 8, 2010 Reevaluation, which was prepared to evaluate the 
impacts of additional right-of-way areas (including right-of-way 
changes to accommodate cul-de-sac construction, refined curve 
alignments, construction of local service roads to access landlocked 
parcels, and right-of-way revisions to follow surveyed parcel lines) in 
segments 2 and 3 of Section 2 made necessary based on final design that 
were not analyzed in the Tier 2 Section 2 ROD or FEIS; (4) the January 
6, 2011 Reevaluation, which was prepared to analyze the impacts of 
additional right-of-way areas (including right-of-way changes to 
accommodate transmission tower relocation, connection highway right-of-
way into existing right-of-way, removal of existing pavement, 
intersection realignment for improved safety, cul-de-sac construction, 
access drive construction, local service roads modifications, and 
improvements in sight distance) made necessary based on final design of 
segments 4 and 5 of Section 2 that were not analyzed in the Tier 2 
Section 2 ROD or FEIS (approved April 18, 2010); and (5) the January 
13, 2011 Reevaluation, which was prepared to evaluate the impacts of 
minor right-of-way changes (including right-of-way changes to 
accommodate cul-de-sac construction, right-of-way shift to avoid a 
stream channel, side slope and ditching design to stay within right-of-
way, construction of access drives and roadway profile changes, filling 
in the small remainder of an impacted pond, building removal, Local 
Service road modifications, right-of-way revisions to follow surveyed 
parcel lines, improvements to intersection sight distance, and right-
of-way revisions to simplify acquisition and traffic maintenance) made 
necessary as a result of final design of segments 6 and 7 of Section 2 
that were not analyzed in the Tier 2 Section 2 ROD or FEIS (approved 
April 18, 2010). The analysis completed in each of the five 
Reevaluations supports the FHWA's conclusions that none of the changes 
examined will have impacts sufficient to require preparation of a 
Supplemental Environmental Impact Statement (SEIS) or an additional 
Draft Environmental Impact Statement (DEIS) for Section 2, and 
therefore that the Tier 2 Section 2 FEIS and ROD remain valid. The 
detailed analysis of the reevaluation documents along with the federal 
decision of minimal impact can be found on the project Web site at 
http://www.i69indyevn.org/reevaluation.html.
    3. Project: Section 3 of the I-69 highway project from Evansville 
to Indianapolis. Location: U.S. 50 east of the city of Washington, 
Indiana to U.S. 231 near the Crane NSWC, Daviess and Greene Counties. 
Notice is hereby given that the FHWA has approved two (2) Reevaluations 
of the Tier 2, Section 3 Record of Decision issued on January 28, 2010. 
Section 3 of the I-69 project extends from U.S. 50 east of the city of 
Washington, Indiana to U.S. 231 near the Crane NSWC. Section 3 is a new 
alignment, fully access-controlled highway. As approved in the Tier 1 
ROD, the corridor is generally 2000-feet wide. The corridor width 
varies at two locations within Section 3. It narrows to 1200-feet wide 
near First Creek and expands to 6400-feet wide near the Thousand Acre 
Woods. The ROD selected Refined Preferred Alternative 1 for Section 3, 
as described in the I-69 Evansville to Indianapolis, Indiana, Tier 2 
Final Environmental Impact Statement, Washington to Crane NSWC, Indiana 
(FEIS), available at http://www.i69indyevn.org/section3_FEIS.html. The 
ROD also approved the locations of the interchanges, grade separations, 
and access roads (which include new roads, road relocations, and 
realignments). A Notice of Limitation on Claims for Judicial Review of 
Actions by FHWA and United States Fish and Wildlife Service (USFWS), 
DOI, was published in the Federal Register on February 25, 2010 (75 FR 
8786-01). A claim seeking judicial review of the Tier 2, Section 3 
decisions must have been filed by August 24, 2010, to avoid being 
barred under 23 U.S.C. 139(l). The two (2) Reevaluations of the Tier 2, 
Section 3 ROD include: (1) The September 29, 2010 Reevaluation, which 
was prepared to evaluate the impacts of additional right-of-way areas 
(including right-of-way changes to accommodate residential relocation, 
channel grading as part of hydraulic design, natural channel design, 
stream relocation of a Doan's Creek tributary, barn removal, bridge 
upgrades, tie-in to existing right-of-way, and driveway reconstruction) 
made necessary as a result of final design of segments 10 through 13 of 
Section 3 that were not analyzed in the Tier 2 Section 3 ROD or FEIS 
(approved January 28, 2010); and (2) the November 17, 2010 Reevaluation 
Addendum (to the May 6, 2010 Reevaluation concerning flood easements in 
Section 3), which was prepared to evaluate the impacts of additional 
permanent flood easements required for the final design of Section 3 
(including modification of flood easement boundaries at North Fork 
Prairie Creek and Epsom Lateral and acquisition of flood easements 
within the existing floodplain of North Fork Prairie Creek) and 
determine the changes in impacts to the affected environment from what 
was documented in the Tier 2 Section 3 ROD (approved January 28, 2010). 
The analysis completed in the Reevaluations supports the FHWA's 
conclusions that none of the changes examined will have impacts 
sufficient to require preparation of a Supplemental Environmental 
Impact Statement (SEIS) or an additional Draft Environmental Impact 
Statement (DEIS) for Section 3, and therefore that the Tier 2 Section 3 
FEIS and ROD remain valid. The detailed analysis of the reevaluation 
documents along with the Federal decision of minimal impact can be 
found on the project Web site at http://www.i69indyevn.org/reevaluation.html.
    The actions by the Federal agencies on the project, and the laws 
under which such actions were taken, are described in the Reevaluation 
documents, the Department of the Army (DA) Permit and Regional General 
Permit letters (LRL-2010-466-djd), and in other documents in the FHWA

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administrative record for the project. The ROD and other documents from 
the FHWA administrative record files for the Section 1, Section 2, and 
Section 3 projects 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/.

(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).

Max Azizi,
Acting Division Administrator, Indianapolis, Indiana.
[FR Doc. 2011-9420 Filed 4-18-11; 8:45 am]
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