[Federal Register Volume 77, Number 221 (Thursday, November 15, 2012)]
[Notices]
[Pages 68197-68199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27617]


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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 26.7 mile segment of I-69 in 
the Counties of Greene and Monroe, 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 April 14, 2013. If the Federal law that 
authorizes judicial review of a claim provides a time period of less 
than 150 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; email: [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; email: 
[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; email: 
[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 project in the State 
of Indiana listed below. The

[[Page 68198]]

actions by the Federal agencies on the 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 project, Section 404 
Discharge of Dredged or Fill Material Permit, 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 
project 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, 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. 
The USFWS affirmed its decisions in the Amendment to the Revised 
Programmatic Biological Opinion issued on May 25, 2011. 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 July 20, 
2011. A claim seeking judicial review of the Amendment to the Revised 
Programmatic Biological Opinion must have been filed by January 17, 
2012, to avoid being barred under 23 U.S.C. 139(l).
    The project subject to this notice is Section 4 of the I-69 highway 
project from Evansville to Indianapolis, which extends from U.S. 231 
(near Crane Naval Surface Warfare Center) to near the intersection of 
State Road 37 and Victor Pike Road. 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 five (5) 
Reevaluations of the Tier 2, Section 4 Record of Decision issued on 
September 8, 2011. Section 4 of the I-69 project extends from U.S. 231 
just north of the Crane Naval Surface Warfare Center to S.R. 37 south 
of the City of Bloomington. Section 4 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 Refined Preferred 
Alternative 2 for Section 4, as described in the I-69 Evansville to 
Indianapolis, Indiana, Tier 2 Final Environmental Impact Statement, 
Crane NSWC to Bloomington, Indiana (FEIS), available at http://www.i69indyevn.org/section-4-feis. The ROD also approved the locations 
of the interchanges, grade separations, and access roads (which include 
new roads, road relocations, and realignments). On September 29, 2011, 
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 (76 FR 60583-01) for the 
Section 4, 26.7 mile segment of I-69 in the Counties of Greene and 
Monroe. A claim seeking judicial review of the Tier 2, Section 4 
decisions must have been filed by March 27, 2012, to avoid being barred 
under 23 U.S.C. 139(l). The five (5) Reevaluations of the Tier 2, 
Section 4 ROD include: (1) The November 4, 2011 Reevaluation, which was 
prepared to evaluate the impacts of additional temporary right-of-way 
areas (including temporary right-of-way required to accommodate 
demolition activities for building removal) made necessary based on 
final design that were not analyzed in the Tier 2 Section 4 ROD or FEIS 
(approved July 13, 2011); (2) the June 12, 2012 Reevaluation, which was 
prepared to evaluate the effects of additional right-of-way and 
improvements (including right-of-way required to decrease bank slopes 
in an area of inadequate soil conditions) made necessary based on final 
design that were not analyzed in the Tier 2 Section 4 ROD or FEIS 
(approved July 13, 2011); (3) the July 11, 2012 Reevaluation, which was 
prepared to evaluate the impacts of additional right-of-way areas 
(including temporary right-of-way required to accommodate demolition 
activities for building removal and filling the remaining portion of an 
impacted pond) made necessary based on final design that were not 
analyzed in the Tier 2 Section 4 ROD or FEIS (approved July 13, 2011); 
(4) the July 31, 2012 Reevaluation, which was prepared to evaluate the 
impacts of additional right-of-way areas (including temporary right-of-
way required to accommodate demolition activities for building removal, 
temporary right-of-way required for construction of a private drive, 
and permanent right-of-way required for construction of a cul de sac.) 
made necessary based on final design that were not analyzed in the Tier 
2 Section 4 ROD or FEIS (approved July 13, 2011); and (5) the October 
11, 2012 Reevaluation, which was prepared to evaluate the impacts of 
additional right-of-way areas (including temporary right-of-way and 
permanent right-of-way required for construction a modified 
interchange) made necessary based on final design that was not analyzed 
in the Tier 2 Section 4 ROD or FEIS (approved July 13, 2011). 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 4, and therefore that the Tier 2 Section 4 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-documents/.
    In addition, 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

[[Page 68199]]

taken, are described in the USACE decisions and its project records, 
referenced as Department of the Army (DA) Permit, Number LRL-2011-0041-
djd. That information is available by contacting the USACE at the 
address provided above.
    On September 22, 2011, 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 26.7 mile Section 4 I-69 project. On October 1, 
2012, the USACE took final action in issuing the Department of the Army 
(DA) Permit for the Section 4 I-69 project, Number LRL-2011-0041-djd, 
as described in the USACE decision and its administrative record for 
the project. As part of the Section 4 project, which begins at the 
northern terminus of the Section 3 project in Greene County and 
terminates at S.R. 37 and Victor Pike Road in Monroe County, there are 
18 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 34,154 cubic yards of fill material below the Ordinary 
Highway Water Mark of 88,462 linear feet of stream channels, and to 
discharge 190,215 cubic yards of fill material into 9.42 acres of open 
water and emergent, scrub-shrub, and forested wetlands in constructing 
these 18 crossings.
    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 (LRL-2011-0041-djd), 
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 4 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)

Richard Marquis,
Acting Division Administrator, Indianapolis, Indiana.
[FR Doc. 2012-27617 Filed 11-14-12; 8:45 am]
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