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Notice of Final Federal Agency Actions on Proposed Highway Project in Colorado

American Government Special Collections Reference Desk

American Government

Notice of Final Federal Agency Actions on Proposed Highway Project in Colorado

John M. Cater
Federal Highway Administration
24 August 2018

[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)]
[Pages 42970-42971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17971]



Federal Highway Administration

Notice of Final Federal Agency Actions on Proposed Highway 
Project in Colorado

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (DOT).

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA.


SUMMARY: This notice announces actions taken by the FHWA that are 
final. The actions relate to a proposed highway project, I-25 South 
Gap: Monument to Castle Rock in El Paso and Douglas Counties, Colorado, 
FHWA Project Number NHPP 0252-450, Colorado Department of 
Transportation (CDOT) Number 21102.

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 the highway project will be barred 
unless the claim is filed on or prior to January 22, 2019. 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 FHWA: Mr. Nnaemeka Ezekwemba, FHWA Colorado Division, 12300 
West Dakota Avenue, Suite 180, Lakewood, Colorado 80228, telephone: 
720-963-3018; email: Nnaemeka.Ezekwemba@dot.gov. Normal business hours 
are 7:30 a.m. to 5:00 p.m. (Mountain Time), Monday through Friday, 
except Federal Holidays.
    For CDOT: Mr. Chuck Attardo, Colorado Department of Transportation, 
7328 South Revere Parkway, Unit 204A, Centennial, Colorado 80112, 
telephone: 303-365-7211, email: Chuck.Attardo@state.co.us. Normal 
business hours are 8:00 a.m. to 4:30 p.m. (Mountain Time), Monday 
through Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION: Effective June 27, 2018, FHWA assumed 
environmental responsibilities for this project pursuant to 23 U.S.C. 
327. Notice is hereby given that FHWA has taken final agency actions 
subject to 23 U.S.C. 139(l)(1) by issuing a Finding of No Significant 
Impact (FONSI) for the following highway project in the State of 
Colorado: I-25 South Gap: Monument to Castle Rock in El Paso and 
Douglas Counties. CDOT proposes to widen I-25 in Douglas and El Paso 
Counties between Monument and Castle Rock (i.e., the Gap) to add a 
tolled Express Lane in each direction, widen shoulders, improve curves 
and sight distances, replace bridges, add wildlife underpasses, improve 
drainage and water quality, and install other supporting features.
    The actions by FHWA, and the laws under which such actions were 
taken, are described in the Environmental Assessment (EA) for the 
project approved on April 25, 2018, and a Finding of No Significant 
Impact (FONSI) issued on June 27, 2018. The EA, FONSI, and other 
project records are available by contacting FHWA or CDOT at the 
addresses provided above. The EA and FONSI can be viewed and downloaded 
from the project website at https://www.codot.gov/projects/i-25-south-monument-castle-rock-ea.
    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. 
4321-4370h]; 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

[[Page 42971]]

Efficiency Act of 1991, Congestion Mitigation and Air Quality 
Improvement Program (Sec. 1008 U.S.C. 149).
    3. Noise: 23 U.S.C. 109(i) (Pub. L. 91-605) (Pub. L. 93-87).
    4. 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].
    5. 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.].
    6. 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].
    7. 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].
    8. 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]; Emergency Wetlands Resources Act [16 U.S.C. 3921, 3931]; Flood 
Disaster Protection Act [42 U.S.C. 4001-4128].
    9. 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)].
    10. 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; E.O. 13166 Improving Access 
to Services for Persons with Limited English Proficiency; E.O. 13186 
Responsibilities of Federal Agencies to Protect Migratory Birds.

(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: August 13, 2018.
John M. Cater,
Division Administrator, Lakewood, Colorado.
[FR Doc. 2018-17971 Filed 8-23-18; 8:45 am]

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