[Federal Register Volume 77, Number 49 (Tuesday, March 13, 2012)]
[Notices]
[Pages 14857-14858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6025]


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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 FHWA and Other Federal Agencies.

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SUMMARY: This notice announces actions taken by the FHWA and other 
Federal agencies that are final within the meaning of 23 U.S.C. 
139(l)(1). The actions relate to a proposed highway project, the Gaston 
East-West Connector, from I-85 west of Gastonia in Gaston County, North 
Carolina, to I-485 near the Charlotte-Douglas International Airport in 
Mecklenburg County, North Carolina. The Gaston East-West Connector is 
also known as State Transportation Improvement Program Project U-3321. 
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(l)(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 September 10, 2012. If the 
Federal law that authorizes judicial review of a claim provides a time 
period of less than 180 days for

[[Page 14858]]

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; 
email: [email protected]. FHWA North Carolina Division Office's 
normal business hours are 8 a.m. to 5 p.m. (Eastern Time). Ms. Jennifer 
Harris, P.E., Director of Planning and Environmental Studies, North 
Carolina Turnpike Authority (NCTA), 1578 Mail Service Center, Raleigh, 
North Carolina, 27699-1578, Telephone: (919) 707-2700; email: 
[email protected]. NCTA's normal business hours are 8 a.m. to 5 p.m. 
(Eastern Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other 
Federal agencies have taken final agency actions by issuing a Record of 
Decision (ROD) for the following highway project in the State of North 
Carolina: The Gaston East-West Connector, a 22-mile long, multi-lane, 
fully access-controlled, new location toll road. The project is also 
known as State Transportation Improvement Program (STIP) Project U-
3321. The project is also locally known as the Garden Parkway. The 
purpose of the proposed action is to improve east-west transportation 
mobility in the area around the City of Gastonia, between Gastonia and 
the Charlotte metropolitan area, and particularly to establish direct 
access between the rapidly growing area of southwest Gaston County and 
western Mecklenburg County. 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 December 21, 2010, and the FHWA Record of Decision (ROD) issued on 
February 29, 2012 approving the Gaston East-West Connector project, 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 NCTA at the addresses provided 
above. The FEIS and ROD can be viewed and downloaded from the project 
Web site at www.ncdot.gov/projects/gardenparkway or viewed at the 
offices of the North Carolina Turnpike Authority, 1 South Wilmington 
Street, Raleigh, North Carolina, 27601. A final decision regarding 
section 404 permits for this project has not yet been made. This 
notice, therefore, does not apply to the section 404 permitting process 
for this project.
    This notice applies to all Federal agency actions and 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 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 Research, 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: March 5, 2012
George Hoops,
Major Projects Engineer, Federal Highway Administration, Raleigh, North 
Carolina.
[FR Doc. 2012-6025 Filed 3-12-12; 8:45 am]
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