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Notice of Final Federal Agency Actions on Proposed Highways in Colorado

American Government Special Collections Reference Desk

American Government

Notice of Final Federal Agency Actions on Proposed Highways in Colorado

John M. Cater
Federal Highway Administration
10 February 2017

[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Pages 10430-10431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02660]



Federal Highway Administration

Notice of Final Federal Agency Actions on Proposed Highways in 

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA and other Federal agencies.


SUMMARY: This notice announces actions taken by FHWA and other Federal 
agencies related to the Central 70 project in Denver and Aurora, 
Colorado, that are final within the meaning of 23 U.S.C. 139(l)(1).

DATES: By this notice, FHWA is advising the public of final agency 
actions subject to the statute of limitations in 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 
July 10, 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: Chris Horn, Senior Area Engineer, 
Federal Highway Administration Colorado Division, 12300 W. Dakota 
Avenue, Lakewood, CO 80228, 720-963-3017, Chris.Horn@dot.gov, normal 
business hours are 7:00 a.m. to 3:30 p.m. (Mountain time); or Vanessa 
Henderson, I-70 East Environmental Manager, Colorado Department of 
Transportation, 2000 South Holly Street, Denver, CO 80222, 303-512-
5902, vanessa.henderson@state.co.us, normal

[[Page 10431]]

business hours are 7:00 a.m. to 4:30 p.m. (Mountain time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other 
agencies have taken final agency action within in the meaning of 23 
U.S.C. 139(l)(1) by approving the Central 70 highway project in the 
State of Colorado in the Record of Decision issued January 19, 2017. 
Project Overview: I-70 between I-25 and Chambers Road is one of 
Colorado's economic backbones. The corridor is home to 1,200 
businesses, connecting the region to Denver International Airport and 
carrying upwards of 200,000 vehicles per day. The purpose of the 
project is to implement a transportation solution that improves safety, 
access, and mobility and addresses congestion on I-70 in the project 
area. The Central 70 project proposes to reconstruct and improve a 10-
mile stretch of I-70, which will include adding one new express lane in 
each direction, removing the interstate from an aging viaduct and 
placing it below grade, and constructing a four-acre cover over a 
portion of the lowered section. The actions by the Federal agencies on 
the project, and the laws under which such actions were taken, are 
described in the I-70 East from I-25 to Tower Road Final Environmental 
Impact Statement (FEIS) and Section 4(f) Evaluation signed on December 
18, 2015, in the Central 70 Record of Decision (ROD) signed January 19, 
2017, and in other key project documents. The FEIS, ROD, and other key 
documents for the project are available by contacting FHWA or the 
Colorado Department of Transportation at the addresses provided above. 
The EIS and ROD documents can be viewed and downloaded from the project 
Web sites at www.I-70east.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:
    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 [42 U.S.C. 7401-7671(q)] (transportation 
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303]; Section 6(f) of the Land and Water Conservation 
Fund Act of 1965 [16 U.S.C. 4601];
    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-
    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 [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 
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.

    Authority: 23 U.S.C. 139(l)(1).

    Issued on: January 20, 2017.
John M. Cater,
Division Administrator, Lakewood, Colorado.
[FR Doc. 2017-02660 Filed 2-9-17; 8:45 am]

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