[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Notices]
[Pages 4452-4453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00554]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
North Carolina

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 action taken by the FHWA and other 
federal agencies that is final within the meaning of 23 U.S.C. 
139(l)(1). This final agency action relates to a proposed highway 
project, Bonner Bridge Replacement Project along NC 12, from Rodanthe 
to Bodie Island in Dare County, North Carolina. The FHWA's Record of 
Decision (ROD) identifies the Bridge on New Location as the selected 
alternative for Phase IIb (Rodanthe Breach) of the Bonner Bridge 
Replacement 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 June 12, 2017. 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 that shorter time 
period still applies.

FOR FURTHER INFORMATION CONTACT: For FHWA: Clarence W. Coleman, P.E., 
Director of Preconstruction and Environment, Federal Highway 
Administration, North Carolina Division, 310 New Bern Avenue, Suite 
410, Raleigh, North Carolina 27601-1418; Telephone: (919) 747-7014; 
email: [email protected]. FHWA North Carolina Division Office's 
normal business hours are 8 a.m. to 5 p.m. (Eastern Time). For the 
North Carolina Department of Transportation (NCDOT): Rodger Rochelle, 
Director of Technical Services, North Carolina Department of 
Transportation (NCDOT), 1548 Mail Service Center, Raleigh, North 
Carolina 27699-1548; Telephone (919) 707-2900; email: 
[email protected]. NCDOT Technical Services Division Office's normal 
business hours are 8 a.m. to 5 p.m. (Eastern Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency action by issuing a Record of Decision (ROD) for the 
following highway project in the State of North Carolina: Rodanthe 
Breach Long-Term Improvements for Phase IIb of the Bonner Bridge 
Replacement Project along Highway NC 12 in Dare County, North Carolina. 
The project is also known as State Transportation Improvement Program 
(STIP) Project B-2500B, and is part of the second phase (Phase IIb) of 
the Parallel Bridge Corridor/Transportation Management Plan (PBC/TMP), 
which was identified as the selected alternative for the Bonner Bridge 
Replacement Project (STIP No. B-2500) in the Record of Decision (ROD) 
approved by FHWA on December 20, 2010. The NC 12 PBC/TMP addresses the 
length of the entire project for STIP No. B-2500, from the Village of 
Rodanthe to Bodie Island. The TMP is guiding the implementation of 
future phases of the project through 2060.
    Located along the Outer Banks of North Carolina, the selected 
alternative for Phase IIb is approximately 2.8 miles in length, 
including a 2.4[hyphen]mile long bridge on new location. The proposed 
alignment for NC 12 would leave the existing NC 12 alignment within the 
Pea Island National Wildlife Refuge at a point approximately 1.8 miles 
north of the Refuge boundary and enter Pamlico Sound. The bridge would 
be in Pamlico Sound until a point north of the Rodanthe emergency ferry 
terminal, where NC 12 would turn east and enter Rodanthe. The bridge 
extends approximately 1,400 feet west of the Pamlico Sound shoreline at 
its farthest point. The Rodanthe area was breached as a result of 
Hurricane Irene in August 2011 and remains susceptible to breaches at 
the south end of the Refuge and Rodanthe, as well as the Rodanthe `S' 
Curves Hot Spot that experiences high erosion rates.
    The FHWA's action, related actions by other Federal agencies and 
the laws under which such actions were taken, are described in the 
Final Environmental Impact Statement (FEIS)/Final Section 4(f) 
Evaluation for the project, approved on September 17, 2008; the Revised 
Final Section 4(f) Evaluation, approved on October 9, 2009; the 
Environmental Assessment, approved on May 7, 2010; the FHWA ROD 
approved on December 20, 2010 for Phase I and the PBC/TMP for the 
remainder of the project; the Phase IIb Environmental Assessment, 
approved December 3, 2013; a Revised Phase IIb Environmental 
Assessment, approved May 24, 2016, the FHWA ROD for Phase IIb approved 
on December 15, 2016 and other documents in the project file. The above 
documents are available for review by contacting the FHWA or the NCDOT 
at the addresses provided above. In addition, these documents can be 
viewed and downloaded from the project Web site at http://www.ncdot.gov/projects/bonnerbridgereplace/.
    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 U.S.C. 
4321-4351]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
    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]; Coastal Barrier Resources Act [16 U.S.C. 3501-
3510].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; Marine 
Mammal Protection Act [16 U.S.C. 1361-1407]; 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 [16 U.S.C. 1801 et seq.].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966 [16 U.S.C. 470(f)].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)].

[[Page 4453]]

    7. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251-1377]; Coastal Barrier 
Resources Act [16 U.S.C. 3501-3510]; Coastal Zone Management Act [16 
U.S.C. 1451-1465]; 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)]; Rivers and Harbors Act of 1899 [33 U.S.C. 401-406]; 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; 42 U.S.C. 
11011 et seq.); 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; and E.O. 13186--Responsibilities 
of Federal Agencies to Protect Migratory Birds.
    This notice does not apply to those pending environmental 
permitting decisions. (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(l)(1).

    Issued on: December 22, 2016.
Clarence W. Coleman,
Director of Preconstruction and Environment, Raleigh, North Carolina.
[FR Doc. 2017-00554 Filed 1-12-17; 8:45 am]
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