Daily Rules, Proposed Rules, and Notices of the Federal Government


Federal Highway Administration

Notice of Final Federal Agency Actions on NC 119 Relocation--Mebane, Alamance County, NC

AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of Limitations on claims for Judicial Review of Actions by FHWA and other Federal Agencies.
SUMMARY: This notice announces actions taken by FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(1)(1). The actions relate to a proposed highway project, the NC 119 Relocation from I-85/40 to south of SR 1918 (Mrs. White Lane)--Mebane, Alamance County, North Carolina. 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 (1)(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 16, 2010. If the Federal law that authorizes judicial review of a claim provides a time period of less than 180 days for filing such claim, then that shorter time period still applies.
FOR FURTHER INFORMATION CONTACT: Clarence W. Coleman, P. E., Preconstruction and Environmental Director, Federal Highway Administration, 310 New Bern Avenue, Suite 410, Raleigh, North Carolina, 27601-1418; Telephone: (919) 747-7014; North Carolina Division Office's normal business hours are 8 a.m. to 5 p.m. (Eastern Time). You may also contact Gregory J. Thorpe, PhD, Project Development and Environmental Analysis Branch Manager, North Carolina Department of Transportation (NCDOT), 1 South Wilmington Street (Delivery), 1548 Mail Service Center, Raleigh, North Carolina 27699-1548; Telephone (919) 733-3141, Development and Environmental Analysis Branch Office's normal business hours are 8 a.m. to 5 p.m. (Eastern Time).

Notice is hereby given that the FHWA has taken final agency action 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: NC 119 Relocation, Federal-aid Project No. STP-119(1), Alamance County, North Carolina. This project identified a need to address capacity constraints and connectivity deficiencies along the existing NC 119 in Mebane, North Carolina. The proposed action will improve 5.6 miles of NC 119 from I-85/40 to south of SR 1918 (Mrs. White Lane). Beginning at I-85/40, the selected alternative (Alternative 9) constructs a six-lane, median divided facility before transitioning to a four-lane, median divided typical section in the vicinity of Fieldstone Drive. The project includes a grade separation over the North Carolina Railroad and US 70, which lies adjacent to the railroad. 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 June 11, 2009, in the FHWA Record of Decision (ROD) issued on December 8, 2009, 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 NCDOT at the addresses provided above. The FHWA FEIS and ROD can be viewed at the NCDOT—Project Development and Environmental Analysis Branch, 1 South Wilmington Street, Raleigh, North Carolina; NCDOT—Division 7 Alamance County Resident Engineer Office, 115 East Crescent Square Drive, Graham, North Carolina; Mebane Public Library, 101 South 1st Street, North Carolina; City of Mebane Planning Zoning Department, 106 East Washington Street, Mebane, North Carolina; Alamance-Burlington School System, 1712 Vaughn Road, Burlington, North Carolina; and Alamance County Planning Department, 217 College Street, Suite C, Graham, North Carolina.

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 USC 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 USC 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. 1801et 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 withIndian 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 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: December 10, 2009. Clarence W. Coleman, Preconstruction and Environmental Director, Raleigh, North Carolina.