[Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Notices]
[Pages 38932-38933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12674]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on the I-26 Asheville 
Connector 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 FHWA and the other 
Federal agencies that are final. The actions relate to the proposed 
improvements to upgrade the I-26 corridor in Asheville from south of 
the I-26/I-40/I-240 interchange through the I-240 interchange with US 
19-23-74A/Patton Avenue west of the French Broad River so that I-240 
can be redesignated as I-26 in Buncombe County, North Carolina. The 
project is commonly referred to as the I-26 Asheville Connector and is 
identified as State Transportation Improvement Program Project (STIP) 
No. I-2513. Those actions grant licenses, permits, and approvals for 
the project.

DATES: By this notice, 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 filled on or before November 13, 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: Mr. Clarence W. Coleman, P. 
E., Preconstruction and Environment Director, FHWA, 310 New Bern 
Avenue, Suite 410, Raleigh, North Carolina, 27601-1418; telephone: 
(919) 747-7014; email: [email protected]. FHWA North Carolina 
Division's regular office hours are 8 a.m. to 5 p.m. (Eastern Time). 
For North Carolina Department of Transportation (NCDOT): Mr. Derrick 
Weaver, P. E., Deputy Director of Technical Services, NCDOT, 1536 Mail 
Service Center, Raleigh, North Carolina 27699-1536; telephone (919) 
707-2516, email: [email protected]. NCDOT's regular office 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 subject to 23 U.S.C. 
139(l)(1) by issuing licenses, permits, and approvals for the following 
highway project in the State of North Carolina: proposed improvements 
to upgrade the I-26 corridor in Asheville from south of the I-26/I-40/
I-240 interchange through the I-240 interchange with US 19-23-74A/
Patton Avenue west of the French Broad River so that I-240 can be 
redesignated as I-26. The proposed action includes improvements to the 
I-40 interchanges with Smoky Park Highway, I-26/I-240 and Brevard Road, 
upgrading I-240 (as well as interchanges at Brevard Road, Amboy Road, 
and Haywood Road) from the I-26/I-240 interchange with I-40 to the I-
240 interchange with Patton Avenue west of the French Broad River, 
constructing I-26 on new location from the Patton Avenue interchange 
north across the French Broad River, tying into US 19/23/70 south of 
Broadway Street, and widening Riverside Drive from Hill Street to 
Broadway Street. The 7.0-mile project is commonly referred to as the I-
26 Asheville Connector and is identified in the Statewide 
Transportation Improvement Plan (STIP) as STIP No. I-2513. 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 January 9, 2020, in the FHWA ROD approved 
on May 26, 2023, and in other documents in the project record. The 
FEIS, ROD, and other project records are available by contacting the 
FHWA or the NCDOT at the addresses provided above. The FEIS and ROD can 
be viewed and downloaded from the project website at https://www.ncdot.gov/projects/asheville-i-26-connector/Pages/default.aspx, or 
obtained from any contact listed above.
    This notice applies to all Federal Agency decisions that are final 
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 et seq.]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act [42 U.S.C. 7401 et seq.].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303; 23 U.S.C. 138]; 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) et seq.], Fish and 
Wildlife Coordination Act [16 U.S.C. 661 et seq.], Migratory Bird 
Treaty Act [16 U.S.C. 703-712], Magnuson-Stevenson Fishery Conservation 
and Management Act of 1976 [16 U.S.C. 1801 et seq.].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966 [54 U.S.C. 306108]; Archeological 
Resources Protection Act of 1977 [16 U.S.C. 470(aa) at seq.]; 
Archeological and Historic Preservation Act [54 U.S.C. 312501-312508]; 
Native American Grave Protection and Repatriation Act (NAGPRA) [25 
U.S.C. 3001-3013].
    6. Social and Economic: Title VI of the Civil Rights Act of 1964 
[42 U.S.C. 2000(d) et seq.]; 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: Clean Water Act (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251 et seq.]; Coastal Barrier 
Resources Act [16 U.S.C. 3501-3510]; Coastal Zone Management Act [16 
U.S.C. 1451 et seq.]; Land and Water Conservation Fund (LWCF) [54 
U.S.C. 200301 et seq.]; Safe Drinking Water Act (SDWA) [42 U.S.C. 
300(f) et seq.]; Rivers and Harbors Act of 1899 [33 U.S.C. 401 et 
seq.]; 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. 119(g) and 133(b)(14)]; Flood Disaster Protection Act [42 U.S.C. 
4001 et seq.].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601 et seq.]; 
Superfund Amendments and Reauthorization Act of 1986 (SARA) [42 U.S.C. 
11001 et seq.]; Resource Conservation and Recovery Act (RCRA) [42 
U.S.C. 6901 et seq.].
    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. 13166, Improving Access to Services for Persons with 
Limited English Proficiency; 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

[[Page 38933]]

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 Planning and Construction. The regulations implementing E.O. 
12372 regarding intergovernmental consultation on Federal programs 
and activities apply to this program.)

    Authority: 23 U.S.C. 139(l)(1).

Clarence W. Coleman,
Preconstruction and Environment Director, Raleigh, North Carolina.
[FR Doc. 2023-12674 Filed 6-13-23; 8:45 am]
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