Notice of Final Federal Agency Actions on Proposed Highways in Colorado
Notice of Final Federal Agency Actions on Proposed Highways in Colorado
John M. Cater
Federal Highway Administration
17 April 2018
[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07877]
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on Proposed Highways in
AGENCY: Federal Highway Administration (FHWA), Department of
ACTION: Notice of limitation on claims for judicial review of actions
by FHWA and other Federal agencies.
SUMMARY: This notice announces actions taken by the FHWA and other
Federal agencies that are final. The actions relate to various proposed
highway projects in the State of Colorado. Those actions grant
licenses, permits, and approvals for the projects.
DATES: By this notice, the 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 any of the listed highway projects
will be barred unless the claim is filed on or before September 14,
2018. 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: Stephanie Gibson, Environmental
Program Manager, Federal Highway Administration Colorado Division,
12300 W Dakota Avenue, Suite 180, Lakewood, Colorado 80228, telephone:
720-963-3013, email: Stephanie.Gibson@dot.gov. Normal business hours
are 8:30 a.m. to 5:00 p.m. (Mountain time), Monday through Friday,
except Federal Holidays. You may also contact David Singer, NEPA
Program Manager, Colorado Department of Transportation, 4201 E.
Arkansas Avenue, Shumate Building, Denver, Colorado 80222, 303-757-
9878, David.Singer@state.co.us, normal business hours are 8:00 a.m. to
4:30 p.m. (Mountain time), Monday through Friday, except Federal
SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and
other Federal agencies have taken final agency actions 23 U.S.C.
139(l)(1) by issuing licenses, permits, and approvals for the highway
projects in the State of Colorado that are listed below. The actions by
the Federal agencies on a project, and the laws under which such
actions were taken, are described in the environmental assessment (EA)
or environmental impact statement (EIS) issued in connection with the
project and in other key project documents. The EA or EIS, and other
key documents for the listed projects are available by contacting the
FHWA or the Colorado Department of Transportation at the addresses
provided above. The EA, Finding of No Significant Impact (FONSI), Final
EIS, and Record of Decision (ROD) documents can be viewed and
downloaded from the websites listed below.
This notice applies to all Federal agency decisions on each project
as of the issuance date of this notice and all laws under which such
actions were taken. This notice does not, however, alter or extend the
limitation period of 150 days for challenges to final agency actions
subject to previous notices published in the Federal Register.
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 (NEPA) [42 U.S.C.
4321-4370h]; Federal-Aid Highway Act [Title 23] and associated
regulations [CFR part 23].
2. Air: Clean Air Act, [42 U.S.C. 7401-7671(q)] (transportation
conformity); Intermodal Surface Transportation Efficiency Act of 1991,
Congestion Mitigation and Air Quality Improvement Program (Sec. 1008
3. Land: Section 4(f) of The Department of Transportation Act: [49
U.S.C. 303] Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].
Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act of 1976 (42 U.S.C. 6901, et seq.); Landscaping and Scenic
Enhancement (Wildflowers) [23 U.S.C. 319].
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]. Plant Protection Act [7 U.S.C. 7701 et seq.].
5. Historic and Cultural Resources: Section 106 of the National
Historic Preservation Act of 1966, [54 U.S.C. 306108]; Archeological
Resources Protection Act of 1977 [16 U.S.C. 470(aa)-470(mm)];
Archeological and Historic Preservation Act [16 U.S.C. 469-469c-2];
American Indian Religious Freedom Act [42 U.S.C. 1996]; 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)]; Uniform Relocation Assistance and Real Property
Acquisition Act [42 U.S.C. 61].
7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251-
1387 (Sections 319, 401, 404, and 408)]; 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.]; Flood Disaster Protection Act [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. 11514 Protection and Enhancement of
Environmental Quality; E.O. 11593 Protection and Enhancement of
Cultural Resources; E.O. 11988 Floodplain Management; E.O. 11990
Protection of Wetlands; E.O. 12898 Federal Actions to Address
Environmental Justice in Minority Populations and Low Income
Populations; E.O. 13007 Indian Sacred Sites; E.O. 13112 Invasive
Species; E.O. 13175 Consultation and Coordination with Indian Tribal
Governments; E.O. 13287 Preserve America.
The projects subject to this notice are:
1. I-76 and Bridge Street Interchange EA and FONSI. Project
Location: I-76 and Bridge Street, Brighton, Colorado. Project reference
number: 0761-202. Project overview: The project would construct a new
interchange at I-76 and Bridge Street (SH 7). Project Purpose: The
purpose of the project is to increase local and regional east-west
connectivity, reduce the amount of travel delay through the planning
horizon year of 2035, and improve traffic flow in the project area.
Signed NEPA documents and permits: EA was signed January 23, 2015 and
FONSI was signed July 8, 2015. https://www.brightonco.gov/605/I-76-and-Bridge-Street-Interchange-Proje and https://www.codot.gov/library/studies/i76bridgestreetea.
2. 6th Avenue Parkway Extension EA and FONSI. Project Location: 6th
Avenue from SH 30 to E-470, Aurora, Colorado. Project overview: This
project would construct the 6th Avenue Parkway extension along a new
roadway alignment between State Highway (SH 30) and the 6th Avenue
Parkway/E-470 Tollway (E-470) interchange Project Purpose: The purpose
of this project is to enhance east-west mobility by implementing a
transportation solution that will close a critical gap between SH 30
and E-470 in the regional transportation network of northeastern
Aurora. Signed NEPA documents and permits: EA signed June 23, 2016 and
FONSI signed December 8, 2016. https://www.auroragov.org/business_services/planning/plans_and_studies/transportation_planning/6th_avenue_parkway_extension/ and https://www.codot.gov/projects/sixth-avenue-parkway-extension-to-e-470.
3. Martin Luther King, Jr. Boulevard Extension EA and FONSI.
Project Location: Near Havana Way, between Havana Street and Peoria
Street, Denver, Colorado. Project reference number: STU M320-099.
Project overview: The existing Havana Way would be renamed MLK Blvd.,
widened to a four-lane arterial, and extended east to the Peoria Street
and Fitzsimons Parkway intersection. Project Purpose: The purpose of
the project is to improve an east-west arterial connection between
Havana Street and Peoria Street, a distance of 1.1 miles, improving
traffic congestion and reducing out-of-direction travel. Signed NEPA
documents and permits: EA signed July 25, 2011 and FONSI signed October
19, 2017. https://www.denvergov.org/content/denvergov/en/denver-department-of-public-works/projects/current/mlk-boulevard-extension.html.
4. US 50 West, Wills Blvd. to McCulloch Blvd. (Milepost 313 to
Milepost 307) EA and FONSI. Project Location: US 50 in the western part
of Pueblo, Colorado. Project reference number: STA 0503-088. Project
overview: The project would widen US 50 from four to six lanes, and
change intersections to interchanges at US 50 at Purcell Blvd. and
Pueblo Blvd. Project Purpose: The purpose of the project is to improve
safety; increase mobility, such as reducing travel time, relieving
traffic congestion; and improve level of service to the connecting road
network. Signed NEPA documents and permits: EA signed April 21, 2016
and FONSI signed August 17, 2016. https://www.codot.gov/library/studies/us50ea.
5. North I-25 EIS and RODs. Project Location: I-25 corridor from
Denver to Wellington in northern Colorado. Project reference number: IM
0253(179). Project overview: The I-25 North project is an improvements
project that includes; general purpose lanes, tolled express lanes,
interchange reconstruction, and multi-modal services such as: I-25
express bus, US 85 commuter bus, and commuter rail service. Project
purpose: The purpose of the I-25 North project is to make improvements
to provide modal alternatives, correct geometric deficiencies, improve
safety, mobility and accessibility, and replace aging and obsolete
infrastructure. Signed NEPA documents and permits: FEIS was signed
August 19, 2011. Revised ROD1 (SH 392 to SH 14) was signed August 16,
2017. Revised ROD1 (I-25/SH 7 Interchange) was signed October 20, 2017.
ROD2 (120th Avenue to SH 7) was signed September 28, 2015. ROD3
(Crossroads Boulevard) was signed June 8, 2016. ROD4 (SH 56 to SH 392)
was signed April 27, 2017. ROD5 (Vine Drive/County Road 48 Bridge
Replacement) was signed December 1, 2017. https://www.codot.gov/projects/north-i-25-eis/Northi25rod.
6. US 50 Tier 1 Combined Final EIS and ROD. Project Location: A
150-mile-long portion of US 50 between Pueblo and the vicinity of the
Colorado-Kansas state line, going through Pueblo, Otero, Bent, and
Prowers Counties. Project reference number: NH 0504-037. Project
overview: The Build Alternative consists of constructing a four-lane
expressway on or near the existing US 50 alignment, including new
alignments around ten towns to preserve their business districts and
historic downtown areas. Project Purpose: The purpose of the project is
to improve safety and mobility for local, regional, and long-distance
users of US 50 for present and future travel demand. This will be
accomplished by balancing the mobility and access needs of these users
and also providing the flexibility to meet future travel demands.
Signed NEPA documents and permits: The Combined Final EIS/ROD was
signed on December 11, 2017. https://www.codot.gov/projects/us50e.
7. Colorado State Highway 470 (C-470) Corridor, Kipling Parkway to
I-25 EA and FONSI. Project Location: A 13.75-mile portion of C-470 in
the southern portion of the Denver metropolitan area. Project reference
number: NH 4701-103. Project overview: The project involves adding one
managed, tolled express lane in each direction between I-25 and Kipling
Parkway, and a second managed lane as follows: Westbound, I-25 to
Lucent Boulevard, and eastbound, Broadway to I-25. The purpose of the
project is to provide congestion relief, decrease travel delay, and
improve corridor reliability between Kipling Parkway and I-25 on the C-
470 corridor. Project Purpose: The purpose of the project is to address
existing and future C-470 congestion between Kipling Parkway and I-25,
reduce traveler delay, and improve travel time reliability for corridor
users through the year 2035. Signed NEPA documents and permits: This
statute of limitations notice applies
to the Reevaluation signed on March 28, 2018 that provided additional
detail to the noise analysis that was contained in the Revised
Environmental Assessment (EA) (signed on July 24, 2015) and the Finding
of No Significant Impact (FONSI) (signed on November 20, 2015). The
statute of limitations notice for the FONSI expired on May 16, 2016.
Authority: 23 U.S.C. 139(l)(1).
Issued on: April 2, 2018.
John M. Cater,
Division Administrator, Lakewood, Colorado.
[FR Doc. 2018-07877 Filed 4-16-18; 8:45 am]
BILLING CODE 4910-22-P
|Connect with The Crittenden Automotive Library|