Federal Highway Administration (FHWA), DOT.
Notice of Decision by FHWA and Notice of Limitation of Claims for Judicial Review of Actions by FHWA and Other Federal Agencies.
This notice announces the availability of a Record of Decision by FHWA pursuant to the requirements of the National Environmental Protection Policy Act of 1969 (NEPA), 42 U.S.C. 4321, as amended and the Council on Environmental Quality Regulations (40 CFR parts 1500-1508). In addition, this notice announces actions taken by FHWA and other Federal agencies that are final with in the meaning of 23 U.S.C. 139(l)(1). These actions relate to a proposed highway project, US-131 in St. Joseph County, Michigan. These actions grant approvals for the project.
By this notice, the FHWA is advising the public of final agency actions subject to 23 U.S.C. 771 and 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 May 13, 2009. If the Federal law that authorizes that 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.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Mr. David Williams, Environmental Program Manager, Federal Highway Administration Michigan Division, 315 West Allegan Street, Room 201, Lansing, MI 48933, (517) 702-1820, David.Williams@fhwa.dot.gov. Mr. Jason Latham, Project Manager, Michigan Department of Transportation, 1501 Kilgore Road, Kalamazoo, MI 49001, (269) 337-3900, firstname.lastname@example.org.End Further Info End Preamble Start Supplemental Information
Notice is hereby given that the FHWA and other Federal agencies have taken final agency actions by issuing approvals for the following highway project in the State of Michigan: US-131 Improvement Project the Michigan/Indiana County line to North of the City of Three Rivers, St. Joseph County. This project consists of a new two-lane bypass of the Village of Constantine from north of Stears Road to south of Garber Road, the addition of two truck climbing lanes one each on existing US-131 northbound and southbound lanes from north of Garber Road to south of Drummond Road, and other minor intersection corrections. The actions by the Federal agencies, and the laws under which such action were taken, are described in the Final Environmental Impact Statement for the project approved on April 11, 2008, in the FHWA Record of Decision (ROD) issued on October 27, 2008, and in other project records. The FEIS, ROD, and other documents in the FHWA project file are available by contacting the FHWA or the Michigan Department of Transportation at the addresses provided above. The FHWA FEIS and ROD can be viewed and downloaded from the project Web site at http://www.michigan.gov/mdot/0,1607,7-151-9621_11058_28766,00.html or viewed at public libraries in the project area.
This notice applies to all Federal agency decisions on the listed projects as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to:
2. Air: Clean Air Act, as amended [42 U.S.C. 7401-7671(q)].
4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]. Start Printed Page 67566
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)].
6. Social and Economics: Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)]; American Indians Religious Freedom Act [42 U.S.C. 1996]; Farmland Protection Act [7 U.S.C. 4201-4209]; the Uniform Relocation Assistance and Real Property Acquisition Policies of 1970, as amended [42 U.S.C. 61].
7. Wetlands and Water Resources: Clean Water Act [33 U.S.C 1251-1377 (Section 404, Section 401, Section 319); Coastal Zone Management Act [14 U.S.C. 1451-1465]; Land and Water Conservation fund [16 U.S.C. 4601-4604]; Safe Drinking Water act [42 U.S.C. 300(f)-300(j)(6)]; Rivers and Harbors Act of 1899 [42 U.S.C. 401-406]; TEA-21 Wetland 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 [42 U.S.C. 9501-9675]; Superfund Amendments and Reauthorization Act of 1986 [Pub. L. 99-499]; Resource, Conservation and Recovery Act [42 U.S.C. 6901-6992(k)].
9. Executive Orders: E.O. 11990, Protection of Wetlands; E.O. 11988, Floodplains Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority and Low Income Populations; E.O. 11593, Protection and Enhancement of Cultural Resources; E.O. 13007, Indian Sacred Sites; E.O. 13112, Invasive Species; E.O. 13274, Environmental Stewardship and Transportation Infrastructure Project Reviews.
(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.)Start Signature
Issued on: October 31, 2008.
James J. Steele,
Division Administrator, Lansing, Michigan.
[FR Doc. E8-26641 Filed 11-13-08; 8:45 am]
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