82_FR_36014 82 FR 35868 - Notice of Final Federal Agency Actions on Proposed SR-109 (Portland Bypass) Project in Tennessee

82 FR 35868 - Notice of Final Federal Agency Actions on Proposed SR-109 (Portland Bypass) Project in Tennessee

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 82, Issue 146 (August 1, 2017)

Page Range35868-35869
FR Document2017-16142

This notice announces actions taken by FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, State Route (SR) 109 (Portland Bypass) from SR-109 near SR-76 to SR-109 North of Downtown Portland in Sumner County, Tennessee. Those actions grant licenses, permits, and approvals for the project.

Federal Register, Volume 82 Issue 146 (Tuesday, August 1, 2017) 
[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Notices]
[Pages 35868-35869]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16142]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed SR-109 
(Portland Bypass) Project in Tennessee

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (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 other Federal 
agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The 
actions relate to a proposed highway project, State Route (SR) 109 
(Portland Bypass) from SR-109 near SR-76 to SR-109 North of Downtown 
Portland in Sumner County, Tennessee. 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 filed on or before December 29, 2017. 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: Ms. Theresa Claxton; 
Planning and Program Management Team Leader; Federal Highway 
Administration; Tennessee Division Office; 404 BNA Drive, Building 200, 
Suite 508; Nashville, Tennessee 37217; Telephone (615) 781-5770; email: 
[email protected]. FHWA Tennessee Division Office's normal 
business hours are 7:30 a.m. to 4 p.m. (Central Time). You may also 
contact Ms. Susannah Kniazewycz, Environmental Division Director, 
Tennessee Department of Transportation (TDOT), James K. Polk Building, 
Suite 900, 505 Deaderick Street, Nashville, Tennessee 37243-0334; 
Telephone (615) 741-3655, [email protected]. The TDOT 
Environmental Division's normal business hours are 8 a.m. to 5 p.m. 
(Central Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other 
Federal agencies have taken final agency actions by issuing licenses, 
permits, and approvals for the following highway project in the State 
of Tennessee: SR-109 (Portland Bypass), Project Number NH-109(27), PIN 
106634.01, Sumner County, Tennessee. The proposed action will improve 
local, regional, and statewide mobility by improving traffic flow on 
the SR-109 corridor through Portland. The Selected Alternative proposes 
the construction of four 12-foot traffic lanes, 12-foot outside 
shoulders (10-foot paved, 2-foot gravel), and a 48-foot depressed grass 
median, which includes 6-foot inside shoulders (4-foot paved, 2-foot 
gravel), within an approximate 250-foot right-of-way (ROW). The design 
speed of the roadway is 60 miles per hour (mph), with the posted speeds 
potentially being lower. Portions of the corridor include: (1) A 
flyover ramp at the southern terminus of the project to provide 
unimpeded access for southbound traffic on the existing SR-109 merging 
with the Portland Bypass traffic before continuing south on existing 
SR-109; (2) A grade separated, partial folded diamond interchange at 
SR-52; (3) Access via at-grade intersections for several local roads 
intersected by the proposed Portland Bypass route, including: SR-76, 
Jackson Road, Collins Road (west of bypass), College Street, T.G.T. 
Road (west of bypass), and Kenwood Drive (west of bypass); (4) At-Grade 
Access Points with New Connector Roads at Kirby Drive and Woods Road; 
(5) A section of SR-52 will be widened to five lanes from near West 
Market Street westward to west of the proposed SR-52/Portland Bypass 
interchange. This widening is needed to accommodate an increase in 
traffic expected on that section of SR-52 once the Portland Bypass is 
constructed.
    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 September 14, 2015, in the FHWA Finding of 
No Significant Impact (FONSI) issued on July 3, 2017, and in other 
documents in the FHWA project records. The EA, FONSI, and other project 
records are available by contacting the FHWA or TDOT at the addresses 
provided above. The FHWA EA and FONSI can be viewed and downloaded from 
the project Web site at http://www.tn.gov/tdot/topic/sr-109-portland-bypass, or viewed at the TDOT--Environmental Division, James K. Polk 
Building, Suite 900, 505 Deaderick Street, Nashville, Tennessee 37243-
0334, the TDOT Region 3 Project Development Office, 6601 Centennial 
Boulevard, Nashville, Tennessee, 37243, or the Portland Public Library, 
301 Portland Boulevard, Portland, Tennessee, 37148.
    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 [23 U.S.C. 138 and 49 U.S.C. 303].
    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].
    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.].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-

[[Page 35869]]

2000(d)(1)]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-
4209].
    7. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, and Section 319) [33 U.S.C. 1251-1377].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601-9675].
    9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; E.O. 13112 Invasive Species; E.O. 12898 Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low Income Populations; E.O. 13175 Consultation and Coordination with 
Indian Tribal Governments; E.O. 11514 Protection and Enhancement of 
Environmental Quality.

(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: July 25, 2017.
Pamela M. Kordenbrock,
Division Administrator, Nashville, Tennessee.
[FR Doc. 2017-16142 Filed 7-31-17; 8:45 am]
 BILLING CODE 4910-RY-P

35868 Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Notices 3. Section 4(f) of the US Department actions grant licenses, permits, and diamond interchange at SR–52; (3) of Transportation Act of 1966 [49 U.S.C. approvals for the project. Access via at-grade intersections for 303]. DATES: By this notice, FHWA is advising several local roads intersected by the 4. Endangered Species Act [16 U.S.C. the public of final agency actions proposed Portland Bypass route, 1531–1544 and Section 1536], Fish and subject to 23 U.S.C. 139(l)(1). A claim including: SR–76, Jackson Road, Collins Wildlife Coordination Act [16 U.S.C. seeking judicial review of the Federal Road (west of bypass), College Street, 661–667(d)], Migratory Bird Treaty Act agency actions on the highway project T.G.T. Road (west of bypass), and [16 U.S.C. 703–712]. will be barred unless the claim is filed Kenwood Drive (west of bypass); (4) At– 5. Section 106 of the National Historic on or before December 29, 2017. If the Grade Access Points with New Preservation Act of 1966, as amended Federal law that authorizes judicial Connector Roads at Kirby Drive and [16 U.S.C. 470(f) et seq.]; Archeological review of a claim provides a time period Woods Road; (5) A section of SR–52 will Resources Protection Act of 1977 [16 of less than 150 days for filing such be widened to five lanes from near West U.S.C. 470(aa)–11]; Archeological and claim, then that shorter time period still Market Street westward to west of the Historic Preservation Act [16 U.S.C. 469 applies. proposed SR–52/Portland Bypass 469(c)]; Native American Grave FOR FURTHER INFORMATION CONTACT: For interchange. This widening is needed to Protection and Repatriation Act FHWA: Ms. Theresa Claxton; Planning accommodate an increase in traffic (NAGPRA) [25 U.S.C. 3001–3013]. and Program Management Team Leader; expected on that section of SR–52 once 6. Clean Water Act 33 U.S.C. 1251– Federal Highway Administration; the Portland Bypass is constructed. 1387. Tennessee Division Office; 404 BNA The actions by the Federal agencies, 7. Farmland Protection Policy Act [7 Drive, Building 200, Suite 508; and the laws under which such actions U.S.C. 4201–4209 and its regulations]. Nashville, Tennessee 37217; Telephone were taken, are described in the 8. E.O. 11990 Protection of Wetlands; (615) 781–5770; email: Environmental Assessment (EA) for the E.O. 11988 Floodplain Management; Theresa.Claxton@dot.gov. FHWA project, approved on September 14, E.O. 12898, Federal Actions to Address Tennessee Division Office’s normal 2015, in the FHWA Finding of No Environmental Justice in Minority business hours are 7:30 a.m. to 4 p.m. Significant Impact (FONSI) issued on Populations and Low Income (Central Time). You may also contact July 3, 2017, and in other documents in Populations; E.O. 11593 Protection and Ms. Susannah Kniazewycz, the FHWA project records. The EA, Enhancement of Cultural Resources; Environmental Division Director, FONSI, and other project records are E.O. 13112 Invasive Species. Tennessee Department of available by contacting the FHWA or (Catalog of Federal Domestic Assistance Transportation (TDOT), James K. Polk TDOT at the addresses provided above. Program Number 20.205, Highway Planning Building, Suite 900, 505 Deaderick The FHWA EA and FONSI can be and Construction. The regulations Street, Nashville, Tennessee 37243– viewed and downloaded from the implementing Executive Order 12372 0334; Telephone (615) 741–3655, project Web site at http://www.tn.gov/ regarding intergovernmental consultation on tdot/topic/sr-109-portland-bypass, or Susannah.Kniazewycz@tn.gov. The Federal programs and activities apply to this program.) TDOT Environmental Division’s normal viewed at the TDOT—Environmental business hours are 8 a.m. to 5 p.m. Division, James K. Polk Building, Suite Authority: 23 U.S.C. 139(l)(1). (Central Time). 900, 505 Deaderick Street, Nashville, Shawn E. Oliver, SUPPLEMENTARY INFORMATION: Notice is Tennessee 37243–0334, the TDOT Team Leader, Environmental and Right-of- hereby given that FHWA and other Region 3 Project Development Office, Way, Federal Highway Administration, Federal agencies have taken final agency 6601 Centennial Boulevard, Nashville, Sacramento, California. actions by issuing licenses, permits, and Tennessee, 37243, or the Portland [FR Doc. 2017–16143 Filed 7–31–17; 8:45 am] approvals for the following highway Public Library, 301 Portland Boulevard, BILLING CODE 4910–RY–P project in the State of Tennessee: SR– Portland, Tennessee, 37148. 109 (Portland Bypass), Project Number This notice applies to all Federal NH–109(27), PIN 106634.01, Sumner agency decisions as of the issuance date DEPARTMENT OF TRANSPORTATION County, Tennessee. The proposed action of this notice and all laws under which will improve local, regional, and such actions were taken, including but Federal Highway Administration statewide mobility by improving traffic not limited to: flow on the SR–109 corridor through 1. General: National Environmental Notice of Final Federal Agency Actions Portland. The Selected Alternative Policy Act (NEPA) [42 U.S.C. 4321– on Proposed SR–109 (Portland proposes the construction of four 12- 4351]; Federal-Aid Highway Act [23 Bypass) Project in Tennessee foot traffic lanes, 12-foot outside U.S.C. 109 and 23 U.S.C. 128]. AGENCY: Federal Highway shoulders (10-foot paved, 2-foot gravel), 2. Air: Clean Air Act [42 U.S.C. 7401– Administration (FHWA), Department of and a 48-foot depressed grass median, 7671(q)]. Transportation (DOT). which includes 6-foot inside shoulders 3. Land: Section 4(f) of the ACTION: Notice of Limitation on Claims (4-foot paved, 2-foot gravel), within an Department of Transportation Act of for Judicial Review of Actions by FHWA approximate 250-foot right-of-way 1966 [23 U.S.C. 138 and 49 U.S.C. 303]. and Other Federal Agencies. (ROW). The design speed of the 4. Wildlife: Endangered Species Act roadway is 60 miles per hour (mph), [16 U.S.C. 1531–1544 and Section SUMMARY: This notice announces actions with the posted speeds potentially being 1536]; Fish and Wildlife Coordination taken by FHWA and other Federal lower. Portions of the corridor include: Act [16 U.S.C. 661–667(d)]; Migratory mstockstill on DSK30JT082PROD with NOTICES agencies that are final within the (1) A flyover ramp at the southern Bird Treaty Act [16 U.S.C. 703–712]. meaning of 23 U.S.C. 139(l)(1). The terminus of the project to provide 5. Historic and Cultural Resources: actions relate to a proposed highway unimpeded access for southbound Section 106 of the National Historic project, State Route (SR) 109 (Portland traffic on the existing SR–109 merging Preservation Act of 1966, as amended Bypass) from SR–109 near SR–76 to SR– with the Portland Bypass traffic before [16 U.S.C. 470(f) et seq.]. 109 North of Downtown Portland in continuing south on existing SR–109; 6. Social and Economic: Civil Rights Sumner County, Tennessee. Those (2) A grade separated, partial folded Act of 1964 [42 U.S.C. 2000(d)– VerDate Sep<11>2014 20:13 Jul 31, 2017 Jkt 241001 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\01AUN1.SGM 01AUN1

Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Notices 35869 2000(d)(1)]; Farmland Protection Policy review of a claim provides a time period technical memoranda and re- Act (FPPA) [7 U.S.C. 4201–4209]. of less than 150 days for filing such a evaluations can be viewed and 7. Wetlands and Water Resources: claim, then that shorter time period still downloaded from the project Web site at Clean Water Act (Section 404, Section applies. www.i73insc.com. These documents are 401, and Section 319) [33 U.S.C. 1251– FOR FURTHER INFORMATION CONTACT: For also available by contacting the FHWA 1377]. FHWA: Emily O. Lawton, Division or SCDOT at the addresses provided 8. Hazardous Materials: Administrator, Federal Highway above. Comprehensive Environmental Administration, Strom Thurmond Notice is hereby given that, Response, Compensation, and Liability Federal Building, 1835 Assembly Street, subsequent to the earlier FHWA actions, Act (CERCLA) [42 U.S.C. 9601–9675]. Suite 1270, Columbia, South Carolina the USACE has taken a final agency 9. Executive Orders: E.O. 11990 29201, Telephone: (803) 765–5411, action subject to 23 U.S.C. 139(l)(1) by Protection of Wetlands; E.O. 11988 Email: Emily.lawton@dot.gov. The issuing a ROD and a CWA Section 404 Floodplain Management; E.O. 13112 FHWA South Carolina Division’s Office permit for the I–73 project in South Invasive Species; E.O. 12898 Federal normal business hours are 8:00 a.m. to Carolina. The USACE decision and Actions to Address Environmental 4:30 p.m. For USACE: Travis G. Hughes, permit (USACE Permit No. SAC–2008– Justice in Minority Populations and Low Chief, Regulatory Division, U.S. Army 01333) are available by contacting Income Populations; E.O. 13175 Corps of Engineers, Charleston District, USACE at the address provided above, Consultation and Coordination with 69–A Hagood Avenue, Charleston, and can be viewed and downloaded Indian Tribal Governments; E.O. 11514 South Carolina 29403, Telephone: (843) from http://www.sac.usace.army.mil/ Protection and Enhancement of 329–8044, Email: Travis.G.Hughes@ Missions/Regulatory/Projects-of- Environmental Quality. usace.army.mil. The USACE Charleston Interest/. (Catalog of Federal Domestic Assistance District’s Office normal business hours This notice applies to the USACE Program Number 20.205, Highway Planning are 8:00 a.m. to 4:30 p.m. For South actions described above as of the and Construction. The regulations Carolina Department of Transportation issuance date of this notice in the implementing Executive Order 12372 (SCDOT): Chad C. Long, Director of Federal Register. The laws under which regarding intergovernmental consultation on Environmental Services, South Carolina actions were taken include, but are not Federal programs and activities apply to this Department of Transportation, 955 Park limited to: program.) 1. General: National Environmental Street, Columbia, South Carolina 29201, Telephone: (803) 737–2314, Email: Policy Act (NEPA), 42 U.S.C. 4321– Authority: 23 U.S.C. 139(l)(1). 4351; Federal-Aid Highway Act (FAHA) Longcc@scdot.org. The SCDOT’s normal Issued on: July 25, 2017. [23 U.S.C. 109 and 23 U.S.C. 128]. business hours are 8:00 a.m. to 4:30 p.m. Pamela M. Kordenbrock, 2. Wetlands and Water Resources: SUPPLEMENTARY INFORMATION: Notice is Division Administrator, Nashville, Tennessee. hereby given that the USACE has taken Section 404 of the Clean Water Act, 33 [FR Doc. 2017–16142 Filed 7–31–17; 8:45 am] U.S.C. 1344. final agency action subject to 23 U.S.C. BILLING CODE 4910–RY–P 139(l)(1) by issuing permits for the Authority: 23 U.S.C. 139(l)(1), as amended following highway project in the State by the Fixing America’s Surface Transportation Act (FAST Act), Pub. L. 114– of South Carolina: The Interstate 73 DEPARTMENT OF TRANSPORTATION Project involves construction of a new 94. alignment interstate corridor from I–73/ Issued on: July 25, 2017. Federal Highway Administration Division Administrator, Columbia, South I–74 in Richmond County, NC, extending through Marlboro, Dillon and Carolina. Notice of Final Agency Action on Proposed Interstate 73 in South Marion, and Horry counties, SC before [FR Doc. 2017–16140 Filed 7–31–17; 8:45 am] Carolina terminating at S.C. Route 22 in Horry BILLING CODE 4910–22–P County, SC. Due to the length of the AGENCY: Federal Highway project being approximately 80 miles, it Administration (FHWA), U.S. was logically divided into two sections: DEPARTMENT OF THE TREASURY Department of Transportation (DOT). I–73 North, which traverses from I–73/ ACTION: Notice of limitation on claims 74 near Hamlet, NC to I–95 near Dillon, Financial Crimes Enforcement Network for judicial review of actions by U.S. SC; and I–73 South, which traverses Army Corps of Engineers (USACE). from I–95 near Dillon, SC to S.C. Route Proposed Collection; Comment 22 near Conway, SC. The actions by the Request; Renewal Without Change of SUMMARY: This notice announces actions FHWA, and the laws under which such the FinCEN Form 8300 taken by the USACE that are final. The actions were taken, are described in the AGENCY: Financial Crimes Enforcement actions taken relates to the Interstate 73 Final Environmental Impact Statement Network (‘‘FinCEN’’), U.S. Department project, from the North Carolina border (FEIS) for the I–73 South project, of the Treasury. to S.C. Route 22, in Marlboro, Dillon, approved on November 29, 2007, in the ACTION: Notice and request for Marion, and Horry Counties, South FHWA Record of Decision (ROD) issued comments. Carolina. Those actions grant the Clean on February 8, 2008, and in other Water Act (CWA), Section 404 permit documents in the FHWA project SUMMARY: FinCEN, a bureau of the U.S. for the project. records. Subsequent re-evaluations were Department of the Treasury, invites all DATES: By this notice, the FHWA is conducted and approved on May 7, interested parties to comment on its mstockstill on DSK30JT082PROD with NOTICES advising the public of a final agency 2010 and May 10, 2017 for I–73 South. proposed renewal without change to the action subject to 23 U.S.C. 139(l)(1). A The FEIS for I–73 North was approved collection of information through Form claim seeking review of the Federal on August 6, 2008, and a ROD was 8300, Report of Cash Payments Over agency action on the highway project issued on October 22, 2008. A $10,000 Received in a Trade or will be barred unless the claim is filed subsequent re-evaluation was conducted Business. This request for comments is on or before December 29, 2017. If the and approved on May 10, 2017. The made pursuant to the Paperwork Federal law that authorizes judicial FHWA Draft EISs, FEISs, RODs, Reduction Act of 1995. VerDate Sep<11>2014 20:13 Jul 31, 2017 Jkt 241001 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\01AUN1.SGM 01AUN1


Document Created: 2018-10-24 11:45:13
Document Modified: 2018-10-24 11:45:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Limitation on Claims for Judicial Review of Actions by FHWA and Other Federal Agencies.
DatesBy 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 filed on or before December 29, 2017. 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.
ContactFor FHWA: Ms. Theresa Claxton; Planning and Program Management Team Leader; Federal Highway Administration; Tennessee Division Office; 404 BNA Drive, Building 200, Suite 508; Nashville, Tennessee 37217; Telephone (615) 781-5770; email: [email protected] FHWA Tennessee Division Office's normal business hours are 7:30 a.m. to 4 p.m. (Central Time). You may also contact Ms. Susannah Kniazewycz, Environmental Division Director, Tennessee Department of Transportation (TDOT), James K. Polk Building, Suite 900, 505 Deaderick Street, Nashville, Tennessee 37243-0334; Telephone (615) 741-3655, [email protected] The TDOT Environmental Division's normal business hours are 8 a.m. to 5 p.m. (Central Time).
FR Citation82 FR 35868 
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