Notice2025-04841

Notice of Final Federal Agency Actions on Proposed Transportation Project in Florida

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
March 21, 2025

Issuing agencies

Transportation DepartmentFederal Highway Administration

Abstract

The FHWA, on behalf of the Florida Department of Transportation (FDOT), is issuing this notice to announce actions taken by FDOT and other Federal Agencies that are final agency actions. These actions relate to the proposed State Road (S.R.) 5/U.S. 1 Over Pellicer Creek Bridge Replacement Project Development & Environment (PD&E) Study (Financial Management Number 447118-1). The project consists of replacing the parallel bridges at S.R. 5/U.S. 1 over Pellicer Creek (Existing Bridge Numbers 730008 and 730045) in Flagler (City of Palm Coast) and St. Johns Counties, Florida, and includes the necessary roadway and drainage elements to provide transitions to the existing roadway and drainage systems. These actions grant licenses, permits, or approvals for the project.

Full Text

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<title>Federal Register, Volume 90 Issue 54 (Friday, March 21, 2025)</title>
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[Federal Register Volume 90, Number 54 (Friday, March 21, 2025)]
[Notices]
[Pages 13400-13401]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04841]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Transportation 
Project in Florida

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitation on claims for judicial review.

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SUMMARY: The FHWA, on behalf of the Florida Department of 
Transportation (FDOT), is issuing this notice to announce actions taken 
by FDOT and other Federal Agencies that are final agency actions. These 
actions relate to the proposed State Road (S.R.) 5/U.S. 1 Over Pellicer 
Creek Bridge Replacement Project Development & Environment (PD&E) Study 
(Financial Management Number 447118-1). The project consists of 
replacing the parallel bridges at S.R. 5/U.S. 1 over Pellicer Creek 
(Existing Bridge Numbers 730008 and 730045) in Flagler (City of Palm 
Coast) and St. Johns Counties, Florida, and includes the necessary 
roadway and drainage elements to provide transitions to the existing 
roadway and drainage systems. These actions grant licenses, permits, or 
approvals for the project.

DATES: By this notice, the FHWA, on behalf of FDOT, 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 listed 
highway project will be barred unless the claim is filed on or before 
August 18, 2025. 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.

ADDRESSES: The Type 2 Categorical Exclusion and additional project 
documents can be viewed and downloaded from the project website at: 
<a href="https://www.cflroads.com/project/447118-1">https://www.cflroads.com/project/447118-1</a> or by contacting FDOT Office 
of Environmental Management, 605 Suwannee Street, MS 37, Tallahassee, 
Florida 32399, during normal business hours are 8 a.m. to 5 p.m. 
(Eastern Standard Time), Monday through Friday, except State holidays.

FOR FURTHER INFORMATION CONTACT: Jennifer Marshall, P.E., Director, 
FDOT Office of Environmental Management, FDOT; telephone (850) 414-
4316; email: <a href="/cdn-cgi/l/email-protection#450f202b2b2c2320376b082437362d24292905212a316b36312431206b23296b3036"><span class="__cf_email__" data-cfemail="fab09f9494939c9f88d4b79b8889929b9696ba9e958ed4898e9b8e9fd49c96d48f89">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: Effective December 14, 2016, and as 
subsequently renewed on May 26, 2022, the FHWA assigned, and the FDOT 
assumed, environmental responsibilities for this project pursuant to 23 
U.S.C. 327. Notice is hereby given that FDOT and other Federal Agencies 
have taken final agency actions subject to 23 U.S.C. 139(l)(1) by 
issuing licenses, permits, or approvals for the proposed improvement 
highway project. The actions by FDOT and other Federal Agencies on the 
project, and the laws under which such actions were taken are described 
in the Type 2 Categorical Exclusion approved on February 18, 2025 and 
in other project records for the listed project. The Type 2 Categorical 
Exclusion and other documents for the listed project are available by 
contacting FDOT at the address provided above.
    The project subject to this notice is:
    Project Location: The project limits include the S.R. 5/U.S. 1 
bridges over Pellicer Creek located at the Flagler/St. Johns County 
line in the City of Palm Coast.
    Project Actions: This notice applies to the Type 2 Categorical 
Exclusion and all other Federal Agency licenses, permits, or approvals 
for the listed project as of the issuance date of this notice including 
but not limited to the Section 4(f) Resource Programmatic Approval 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 (FAHA) [23 U.S.C. 109 and 23 
U.S.C. 128]; 23 CFR part 771.
    2. Air: Clean Air Act (CAA) [42 U.S.C. 7401-7671(q)], with the 
exception of project level conformity determinations [42 U.S.C. 
7506].
    3. Noise: Noise Control Act of 1972 [42 U.S.C. 4901-4918]; 23 
CFR part 772.
    4. Land: Section 4(f) of the Department of Transportation Act of 
1966 [23 U.S.C. 138 and 49 U.S.C. 303]; 23 CFR part 774; Land and 
Water Conservation Fund (LWCF) [54 U.S.C. 200302-200310].
    5. Wildlife: Endangered Species Act (ESA) [16 U.S.C. 1531-1544 
and 1536]; Marine Mammal Protection Act [16 U.S.C. 1361-1423h], 
Anadromous Fish Conservation Act [16 U.S.C. 757(a)-757(f)]; Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)]; Migratory Bird 
Treaty Act (MBTA) [16 U.S.C. 703-712]; Magnuson-Stevenson Fishery 
Conservation and Management Act of 1976, as amended [16 U.S.C. 1801-
1891d], with Essential Fish Habitat requirements [16 U.S.C. 
1855(b)(2)].
    6. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [54 U.S.C. 3006101 et 
seq.]; Archaeological Resources Protection Act of 1979 (ARPA) [16 
U.S.C. 470(aa)-470(II)]; Preservation of Historical and 
Archaeological Data [54 U.S.C. 312501-312508]; Native American Grave 
Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001-3013; 18 
U.S.C. 1170].
    7. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000d-2000d-1]; American Indian Religious Freedom Act [42 U.S.C. 
1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].
    8. Wetlands and Water Resources: Clean Water Act (Section 319, 
Section 401, Section 404) [33 U.S.C. 1251-1387]; Coastal Barriers 
Resources Act (CBRA) [16 U.S.C. 3501-3510]; Coastal Zone Management 
Act (CZMA) [16 U.S.C. 1451-1466]; Safe Drinking Water Act (SDWA) [42 
U.S.C. 300f--300j-26]; Rivers and Harbors Act of 1899 [33 U.S.C. 
401-406]; 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)(3)]; Flood Disaster 
Protection Act [42 U.S.C. 4001-4130].
    9. 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)].
    10. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 
11988 Floodplain Management; E.O. 11593 Protection and Enhancement 
of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 
Preserve America; 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)).


[[Page 13401]]


    Issued on: March 17, 2025.
Karen M. Brunelle,
Director, Office of Project Development, Federal Highway 
Administration, Tallahassee, Florida.
[FR Doc. 2025-04841 Filed 3-20-25; 8:45 am]
BILLING CODE 4910-RY-P


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Indexed from Federal Register on March 21, 2025.

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