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Notice of Final Federal Agency Actions on Proposed Highways in Colorado


American Government

Notice of Final Federal Agency Actions on Proposed Highways in Colorado

John M. Cater
Federal Highway Administration
23 March 2021


[Federal Register Volume 86, Number 54 (Tuesday, March 23, 2021)]
[Notices]
[Pages 15541-15542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05972]


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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), Department of 
Transportation (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 the FHWA and other 
Federal agencies that are final. The actions relate to various proposed 
highway projects in the State of Colorado. Those actions issue National 
Environmental Policy Act (NEPA) and Section 4(f) of The Department of 
Transportation Act (Section 4(f)) decisions for the following projects: 
South Bridge EA and FONSI and I-70 West Vail Pass Auxiliary Lanes EA 
and FONSI.

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 August 20, 2021. 
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 Dave Cesark, Region 3 
Planning and Environmental Manager, Colorado Department of 
Transportation, 222 South 6th Street, Room 317, Grand Junction, 
Colorado 81501, telephone: 970-683-6251, email: 
David.Cesark@state.co.us. Normal business hours are 8:00 a.m. to 5:00 
p.m. (Mountain time), Monday through Friday, except State Holidays.

[[Page 15542]]


SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions subject to 23 
U.S.C. 139(l)(1) by issuing NEPA and Section 4(f) decisions 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) and Section 4(f) 
Evaluations 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 of the United States 
Code] and associated regulations [Title 23 of the Code of Federal 
Regulations].
    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 [23 U.S.C. 
149].
    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. 469-469 c-2]; 
American Indian Religious Freedom Act [42 U.S.C. 1996]; Native American 
Graves 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. South Bridge EA and FONSI. Project Location: New alignment from 
Airport Road to State Highway (SH) 82, Glenwood Springs, Colorado. 
Project reference number: HPP M535-003. Project overview: Provide a 
bridge across the Roaring Fork River, connecting SH 82 to Airport Road. 
Project Purpose: Provide a critical second access between SH 82 and the 
western side of the Roaring Fork River in the south Glenwood Springs 
area. This new route would improve emergency evacuation, emergency 
service access, and local land use access. Signed NEPA documents and 
permits: EA was signed October 8, 2013 and FONSI was signed October 28, 
2020. https://cogs.us/449/South-Bridge.
    2. I-70 West Vail Pass Auxiliary Lanes EA and FONSI. Project 
Location: I-70 east of Vail, Colorado. Project overview: Add an 
auxiliary lane both eastbound and westbound on I-70 and modify curves 
as needed to meet current Federal design standards from the East Vail 
exit to the Vail Pass Rest Area exit, a distance of approximately 10 
miles. Project Purpose: The purpose of this project is to improve 
safety and operations on West Vail Pass. Signed NEPA documents and 
permits: EA signed August 27, 2020 and FONSI signed February 2, 2021. 
https://www.codot.gov/projects/i70westvailauxiliarylanes.

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

    Issued on: March 17, 2021.
John M. Cater,
Division Administrator, Lakewood, Colorado.
[FR Doc. 2021-05972 Filed 3-22-21; 8:45 am]
BILLING CODE 4910-22-P




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