[Federal Register Volume 88, Number 62 (Friday, March 31, 2023)]
[Notices]
[Pages 19350-19351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06704]



[[Page 19350]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Agency Actions on the Proposed I-526 Lowcountry 
Corridor West Project, Charleston County, South Carolina

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (DOT).

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA, the U.S. Army Corps of Engineers (USACE), and the U.S. Coast 
Guard.

-----------------------------------------------------------------------

SUMMARY: This notice announces actions taken by FHWA, USACE, and USCG 
that are final. The actions relate to the I-526 Lowcountry Corridor 
West project, located in Charleston County, South Carolina. Those 
actions grant licenses, permits, and approvals for the project.

DATES: By this notice, FHWA is advising the public of a final agency 
action subject to 23 U.S.C. 139(l)(1). A claim seeking review of the 
Federal agency action on the highway project will be barred unless the 
claim is filed on or before August 28, 2023. 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: Emily O. Lawton, Division 
Administrator, Federal Highway Administration, Strom Thurmond Federal 
Building, 1835 Assembly Street, Suite 1270, Columbia, South Carolina 
29201, Telephone: (803) 765-5411, Email: [email protected]. The FHWA 
South Carolina Division's Office normal business hours are 8:00 a.m. to 
4:30 p.m. (Eastern Time), Monday through Friday, except federal 
holidays. For South Carolina Department of Transportation (SCDOT): Chad 
C. Long, Director of Environmental Services, South Carolina Department 
of Transportation, 955 Park Street, Columbia, South Carolina 29201, 
Telephone: (803) 737-2314, Email: [email protected]. The SCDOT's normal 
business hours are 8:00 a.m. to 4:30 p.m. (Eastern Time), except South 
Carolina state holidays. For USACE: Nathaniel Ball, Special Projects 
Branch Chief, USACE Charleston Field Office, 69A Hagood Avenue, 
Charleston, SC 29403; Telephone: (843) 329-8047, Email: 
[email protected]. The USACE Charleston District's normal 
business hours are 8:00 a.m. to 4:30 p.m. (Eastern Time). For USCG: 
Randall Overton, Permits Division Chief, U.S. Coast Guard, District 7, 
909 SE 1st Avenue, Suite 432, Miami, FL 33131; Telephone: (305) 415-
6736, Email: [email protected]. The USCG District 7 normal 
business hours are 7:00 a.m. to 3:00 p.m. (Eastern Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other 
Federal agencies have taken final agency actions by issuing final 
approvals for the I-526 Lowcountry Corridor West (I-526 LCC West) 
project in Charleston County, South Carolina. The purpose of the I-526 
LCC West project is to increase capacity at the I-26/I-526 interchange 
and along the I-526 mainline from Paul Cantrell Boulevard to Virginia 
Avenue. The proposed project consists of 3.5 miles of work on I-26 and 
9.2 miles of work on I-526 for a total of 12.7 miles. The need for this 
project is derived from the following factors:
     Strong growth in population and employment.
     Decreased mobility and increased traffic congestion caused 
by base year traffic conditions and worsened by projected traffic 
conditions.
     Geometric deficiencies such as acceleration and 
deceleration lanes that are not long enough, short distances between 
entrance and exit ramps, tight curves on loop ramps, and poor sight 
distance.
     Pedestrian and bicycle connectivity and mobility needs.
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Combined Final Environmental 
Impact Statement (FEIS)/Record of Decision (ROD) for the project, 
approved on September 30, 2022, and in other documents in the project 
records. The Combined FEIS/ROD and other documents in the project file 
are available by contacting the FHWA or SCDOT at the addresses above. 
The Combined FEIS/ROD along with referenced technical documents can 
also be viewed and downloaded from the project website at 
www.526lowcountrycorridor.com/west/feis-rod.
    The USACE Record of Decision and section 404 permit was issued on 
February 24, 2023. The USACE Section 404 permit and Record of Decision 
are available by contacting USACE at the address provided above. The 
USCG issued their Record of Decision and Bridge permit on March 23, 
2023. The USCG Section 9 permit and Record of Decision are available by 
contacting the USCG at the address provided above. 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; 23 U.S.C. 138].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536]; Fish and Wildlife Coordination Act [16 U.S.C. 661-
667(d)]; Migratory Bird Treaty Act [16 U.S.C. 703-712]; Marine Mammal 
Protection Act [16 U.S.C. 1361]; Magnuson-Stevenson Fishery 
Conservation and Management Act of 1976, as amended [16 U.S.C. 1801 et 
seq.]; Bald and Golden Eagle Protection Act [16 U.S.C. 668-668d].
    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)]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 
4201-4209]; The Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970 [42 U.S.C. 4601] et seq. (Uniform 
Act); American Indian Religious Freedom Act [42 U.S.C. 1996].
    7. Wetlands and Water Resources: Clean Water Act (section 404, 
section 401, section 319 [33 U.S.C. 1251-1377]; Land and Water 
Conservation Fund (LWCF) Act [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]; General Bridge Act of 1946 [33 U.S.C. 525-533]; 
Wild and Scenic Rivers Act [16 U.S.C. 1271-1287]; Emergency Wetlands 
Resources Act [16 U.S.C. 3921, 3931]; Wetlands Mitigation [23 U.S.C. 
103(b)(6)(M) and 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. 96019675.]; 
Superfund Amendments and Reauthorization Act of 1986 (SARA) [Pub. L. 
99-499]; 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

[[Page 19351]]

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; E.O. 13166 
Improving Access to Services for Persons with Limited English 
Proficiency; E.O. 13186 Responsibilities of Federal Agencies to Protect 
Migratory Birds.

(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: March 28, 2023.
Shundreka R. Givan,
Acting Division Administrator, Columbia, South Carolina.
[FR Doc. 2023-06704 Filed 3-30-23; 8:45 am]
BILLING CODE 4910-RY-P