11626 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 

FOR FURTHER INFORMATION CONTACT: 

Clarence W. Coleman, PE, Director of 

Preconstruction and Environment, 

Federal Highway Administration, 310 

New Bern Avenue, Suite 410, Raleigh, 

North Carolina 27601–1418, Telephone: 

(919) 747–7014, or Vincent J. Rhea, PE, 

Project Engineer, North Carolina 

Department of Transportation, 1548 

Mail Service Center, Raleigh, North 

Carolina 27699–1548, Telephone: (919) 

733–7844, ext. 261. 

SUPPLEMENTARY INFORMATION: The 

FHWA, in cooperation with the North 

Carolina Department of Transportation, 

will prepare an environmental impact 

statement (EIS) on a proposal for 

improving NC 109, through widening 

and/or constructing new roadway, 

between Old Greensboro Road and I–40/ 

US 311. The project is included in the 

North Carolina Department of 

Transportation (NCDOT) 2009–2015 

Transportation Improvement Program 

(TIP) as TIP No. R–2568C. 

Improvements to the section of NC 109 

south of Old Greensboro Road, 

extending south to Business I–85 in the 

City of Thomasville, were completed in 

2007. The current project includes one 

alternative mainly on existing location 

and four alternatives mainly on new 

location. The project would be 

constructed as a four-lane, mediandivided roadway with partial control of 

access. Directional crossovers with 

offset left turns will be used at many of 

the major intersections. Improvements 

to NC 109 are considered necessary to 

improve traffic flow and service and to 

reduce conflicts between through traffic 

and local traffic. As required by Section 

6002 of the Safe Accountable Flexible 

Efficient Transportation Equity Act: ‘‘A 

Legacy for Users’’, opportunities have 

been provided for involvement with the 

public in defining the project purpose 

and need and determining the range of 

alternatives to be considered for the 

project. Further opportunities for the 

public to comment on the 

environmental review process will be 

provided throughout the remainder of 

the project development process. 

Prior to the initiation of 

environmental studies in preparation of 

an Environmental Impact Statement 

(EIS), a scoping letter soliciting 

comments on the proposed project was 

sent in December 2003 to the local, 

state, and federal agencies by NCDOT. 

The agency scoping meeting for the 

project was held in January 2004. No 

further scoping actions are planned. 

Since the start of the project, NCDOT 

has hosted two rounds of Citizens 

Informational Workshops. The first 

round was held in April 2004 to 

announce the start of the project and to 

obtain public input concerning the 

location of potential alternatives. The 

second round was held in November 

2005 to present and obtain public 

comments on five alternative corridors 

identified for the project. 

In 1997, the U.S. Army Corp of 

Engineers (USACE), FHWA, and 

NCDOT signed an Interagency 

Agreement integrating Section 404 and 

the National Environmental Policy Act 

(NEPA) of 1969, known as the Section 

404/NEPA Merger Process. The 

agreement requires the establishment of 

a project team at the beginning of each 

transportation project and outlines the 

coordination process with a series of 

Concurrence Points in order to promote 

cooperation and coordination during the 

study process and to ensure 

compatibility with local, state and 

federal planning projects and policies. 

To date, project merger team meetings 

have been held in September 2004 and 

August 2006. Upon completion of the 

draft EIS, a public hearing will be held, 

with public notice of the time and place 

of the hearing. The draft EIS will be 

available for public and agency review 

and comment prior to the public 

hearing. 

To ensure that the full range of issues 

related to this proposed action are 

addressed and all significant issues 

identified, comments and suggestions 

are invited from all interested parties. 

Comments or questions concerning this 

proposed action and the EIS should be 

directed to the FHWA at the address 

provided above. 

(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.) 

Issued on: March 12, 2009. 

Clarence W. Coleman, 

Director of Preconstruction & Environment, 

Raleigh, North Carolina. 

[FR Doc. E9–5800 Filed 3–17–09; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway in California 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of Limitation on Claims 

for Judicial Review of Actions by the 

California Department of Transportation 

(Caltrans), pursuant to 23 U.S.C. 327. 

SUMMARY: The FHWA, on behalf of 

Caltrans, is issuing this notice to 

announce actions taken by Caltrans that 

are final within the meaning of 23 

U.S.C. 139(l)(1). The actions relate to a 

proposed highway project, improvement 

of the Interstate 680 and State Route 4 

interchange in the community of 

Pacheco, County of Contra Costa, State 

of California. The improvements will be 

between post mile 20.2 and 22.2 on 

Interstate 680, and between post mile 

R10.5 and R15.1 on State Route 4. Those 

actions grant approvals for the project. 

DATES: By this notice, the FHWA, on 

behalf of Caltrans, 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 September 14, 2009. 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: For 

Caltrans: Melanie Brent, Chief, Office of 

Environmental Analysis, California 

Department of Transportation, District 

4, 111 Grand Avenue, Oakland, 9 a.m. 

to 4 p.m., 510–286–5231, 

melanie.brent@dot.ca.gov. 

SUPPLEMENTARY INFORMATION: Effective 

July 1, 2007, the Federal Highway 

Administration (FHWA) assigned, and 

the California Department of 

Transportation (Caltrans) assumed, 

environmental responsibilities for this 

project pursuant to 23 U.S.C. 327. 

Notice is hereby given that the Caltrans 

has taken final agency actions subject to 

23 U.S.C. 139(l)(1) by issuing approvals 

for the following highway project in the 

State of California: Replacing the 

northbound I–680 to westbound SR 4 

loop ramp with a two-lane direct 

connector, and the eastbound SR 4 to 

southbound I–680 diagonal ramp with 

another two-lane connector in the first 

two phases of the project to improve 

operational deficiencies. Subsequent 

phases add another lane in the median 

of both directions of SR 4 to provide 

additional weaving capacity, add an 

auxiliary lane on eastbound SR 4 from 

the interchange to the Solano Way offramp, and replace the southbound I–680 

to eastbound SR 4 loop ramp, the 

northbound I–680 to eastbound SR 4 

diagonal ramp, and the westbound SR 4 

to northbound I–680 diagonal ramp 

with new connectors and ramps, and 

widen the westbound SR 4 to 

southbound I–680 loop ramp from one 

to two lanes. The project had a No Build 

Alternative in addition to the Build 


tjames on PRODPC61 with NOTICES
Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 11627 

alternative. The anticipated permits 

include: 

• 401 Water Quality Certification 

(from the Regional Water Quality 

Control Board under Section 401 of the 

Clean Water Act). 

• 404 Nationwide Permit (from the 

U.S. Army Corps of Engineers under 

Section 404 of the Clean Water Act). 

A public hearing/open house was 

held in Pacheco on August 22, 2006. 

The Environmental Assessment, 

Finding of No Significant Impact, which 

were approved on 26 November 2008, 

and other documents are available for 

public and agency review at the Caltrans 

address provided above. 

The actions by the Federal agencies, 

and the laws under which such actions 

were taken, are described in the 

Environmental Assessment (EA) for the 

project, approved on 26 November 2008, 

in the FHWA Finding of No Significant 

Impact (FONSI) issued on 26 November 

2008, and in other documents in the 

FHWA project records. The EA, FONSI, 

and other project records are available 

by contacting Caltrans at the address 

provided above. The Caltrans EA and 

FONSI can be viewed and downloaded 

from the project Web site at http:// 

www.dot.ca.gov/dist4/envdocs.htm, or 

viewed at public libraries in the project 

area. 

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 Highway Act [23 U.S.C. 

109]. 

2. Air: Clean Air Act [42 U.S.C. 7401– 

7671(q)]. 

3. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and section 1536], 

Migratory Bird Treaty Act [16 U.S.C. 

703–712]. 

4. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act, as amended [16 U.S.C. 

470(aa)–11]; Archaeological and 

Historic Preservation Act [16 U.S.C. 

469–469(c)]; Native American Grave 

Protection and Repatriation Act [25 

U.S.C. 3001–3013]. 

5. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; The Uniform Relocation 

Assistance Act and Real Property 

Acquisition Policies Act of 1970. 

6. 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)]. 

7. Executive Orders: E.O. 11990 

Protection of Wetlands; E.O. 11988 

Floodplain Management; E.O. 12898 

Federal Actions to Address 

Environmental Justice in Minority and 

Low Income Populations; 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(l)(1). 

Issued on: March 11, 2009. 

Cindy Vigue, 

Director, State Programs, Federal Highway 

Administration, Sacramento, California. 

[FR Doc. E9–5808 Filed 3–17–09; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway in Washington 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of limitation on claims 

for judicial review of actions by FHWA. 

SUMMARY: This notice announces actions 

taken by FHWA that are final within the 

meaning of 23 U.S.C. 139(l)(1). The 

actions relate to a proposed highway 

project, the SR 99 S. Holgate Street to 

S. King Street Viaduct Replacement 

Project, in the State of Washington. 

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(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 September 14, 2009. 

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: 

Sharon Love, Environmental Program 

Manager, Federal Highway 

Administration, 711 S. Capitol Way, 

Suite 501, Olympia, Washington, 98501; 

telephone: (360) 753–9558; and e-mail: 

sharon.love@dot.gov. The FHWA 

Washington Division’s Environmental 

Manager’s regular office hours are 

between 8 a.m. and 4:30 p.m. (Pacific 

Time). You may also contact Angela 

Freudenstein, Environmental Manager, 

999 Third Ave., Suite 2424, Seattle, WA 

98104; telephone: 206–382–5230; and email: freuda@wsdot.wa.gov. The SR 99 

Project’s regular office hours are 

between 8 a.m. and 5 p.m. (Pacific 

Time). 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that FHWA has taken final 

agency actions by issuing licenses, 

permits, and approvals for the following 

highway project: SR 99 S. Holgate Street 

to S. King Street Viaduct Replacement 

Project. The purpose of the project is to 

replace the seismically vulnerable SR 99 

mainline with a seismically sound 

facility between approximately S. 

Holgate Street and S. King Street. The 

new SR 99 facility would maintain or 

improve access to, from, and across SR 

99 for general purpose vehicles, transit, 

and freight. The project is located in the 

south downtown (SODO) area of Seattle, 

King County. 

The actions by FHWA on this project, 

and the laws under which such actions 

were taken, are described in the June 

2008 Environmental Assessment (EA), 

February 2009 Finding of No Significant 

Impact (FONSI), and in other 

documents in the FHWA administrative 

record for the project. The EA, FONSI 

and other documents in the FHWA 

administrative record are available by 

contacting FHWA or the Washington 

State Department of Transportation at 

the addresses provided above. 

The EA and FONSI can be viewed and 

downloaded from the project Web site at 

www.alaskanwayviaduct.org or viewed 

at the Seattle Public Library as well as 

local neighborhood service centers in 

the project area. This notice applies to 

all Federal agency decisions on the 

project 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 [42 U.S.C. 4321–4351]; 

Federal-Aid Highway Act [23 U.S.C. 

109]. 

2. Air: Clean Air Act, as amended [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 U.S.C. 1531–1544]; Anadromous 

Fish Conservation Act [16 U.S.C. 

757(a)–757(g)]; Fish and Wildlife 

Coordination Act [16 U.S.C. 661– 

667(d)]; Magnuson-Stevenson Fishery 

Conservation and Management Act of 


tjames on PRODPC61 with NOTICES