Notice of Final Federal Agency Actions on Proposed Highways in Colorado

Ricardo Suarez
Federal Highway Administration
2 May 2017

[Federal Register Volume 82, Number 83 (Tuesday, May 2, 2017)]
[Notices]
[Pages 20529-20530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08707]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highways in 
Colorado

AGENCY: Federal Highway Administration (FHWA), 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 Section 1308 of the 
Moving Ahead for Progress in the 21st Century Act. The actions relate 
to the conversion of existing Elkhorn Avenue, Moraine Avenue, and 
Riverside Drive roadways from two-way to a 0.9 mile one-way loop 
through downtown Estes Park, Larimer County, Colorado. These 
improvements consist of ``Phase 1'' of the proposed action analyzed in 
the 2016 Environmental Assessment for the Downtown Estes Loop Project. 
Phase 1 includes pavement rehabilitation on Elkhorn and Moraine 
Avenues, realignment and reconstruction of Riverside Drive and 
reconstruction of the Ivy Street Bridge. Those actions grant approvals 
for the project.

[[Page 20530]]


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 September 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: James Herlyck, P.E., Project Manager, 
Federal Highway Administration, Central Federal Lands Highway Division, 
12300 W. Dakota Avenue, Suite 380, Lakewood, Colorado 80228, Telephone 
(720) 963-3698, Email James.Herlyck@dot.gov. Regular office hours are 
8:00 a.m. to 5:00 p.m. (Mountain Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other 
Federal agencies have taken final agency actions by issuing approvals 
for the following highway project in the State of Colorado: Downtown 
Estes Loop, Phase 1. Project Overview: The project includes the 
conversion of existing Elkhorn Avenue, Moraine Avenue, and Riverside 
Drive roadways from two-way to a 0.9 mile one-way loop through downtown 
Estes Park, Colorado. These improvements consist of ``Phase 1'' of the 
proposed action analyzed in the 2016 Environmental Assessment for the 
Downtown Estes Loop Project. Phase 1 includes pavement rehabilitation 
on Elkhorn and Moraine Avenues, realignment and reconstruction of 
Riverside Drive and reconstruction of the Ivy Street Bridge. The 
actions by the Federal agencies on the project, and the laws under 
which such actions were taken, are described in the Environmental 
Assessment (EA) signed on June 29, 2016, in the Finding of No 
Significant Impact (FONSI) signed April 19, 2017, and in other key 
project documents. The EA, FONSI, and other key documents for the 
project are available by contacting FHWA at the addresses provided 
above. The EA and FONSI documents can be viewed and downloaded from the 
project Web site at http://downtownestesloop.com/.
    This notice applies to all Federal agency decisions, actions, 
approvals, licenses and permits on the project as of the issuance date 
of this notice, including but not limited to those arising under the 
following laws, as amended:
    1. General: National Environmental Policy Act [42 U.S.C. 4321-
4370h]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act, as amended [42 U.S.C. 7401-7671(q)] 
(transportation conformity).
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(e)]; 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 [54 U.S.C. 306108]); Archaeological 
Resources Protection Act of 1977 [16 U.S.C. 470aa-470mm]; 
Archaeological and Historic Preservation Act [16 U.S.C. 469-469c-2]; 
Native American Grave Protection and Repatriation Act [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]; the Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970 [42 U.S.C. 61].
    7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251-
1387] (Section 404, Section 401, Section 319); Land and Water 
Conservation Fund Act [16 U.S.C. 460l-4-460l-11]; Safe Drinking Water 
Act [42 U.S.C. 300f-300j-9.]; Rivers and Harbors Act of 1899 [33 U.S.C. 
401-406]; Transportation Equity Act for the 21st Century (TEA-21) [23 
U.S.C. 103(b)(6)(m), 133(b)(11)] (wetlands mitigation banking); Flood 
Disaster Protection Act of 1973 [42 U.S.C. 4001-4129].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act [42 U.S.C. 9601-9675]; Superfund 
Amendments and Reauthorization Act of 1986 [PL 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 
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 with Indian 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(l)(1)

    Issued on: April 21, 2017.
Ricardo Suarez,
Division Director, Lakewood, Colorado.
[FR Doc. 2017-08707 Filed 5-1-17; 8:45 am]
 BILLING CODE 4910-RY-P