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Notice of Final Federal Agency Action on the Rocky Flats NWR Trails and Rocky Mountain Greenway Connections Project in Colorado

Publication: Federal Register
Agency: Federal Highway Administration
Byline: Marcus Wilner
Date: 10 August 2023
Subjects: American Government , Roads & Highways

[Federal Register Volume 88, Number 153 (Thursday, August 10, 2023)]
[Notices]
[Pages 54392-54393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17151]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Action on the Rocky Flats NWR 
Trails and Rocky Mountain Greenway Connections Project in Colorado

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

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. This final agency actions relate to a proposed 
trail project on and adjacent to the Rocky Flats National Wildlife 
Refuge (NWR) in Jefferson County, Colorado. The FHWA's Finding of No 
Significant Impact (FONSI) provides details on the proposed action.

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 Rocky Flats NWR Trails and Rocky 
Mountain Greenway Connections Project will be barred unless the claim 
is filed on or before January 8, 2024. 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: Tomasz Kubicz, Project Manager, 
Federal Highway Administration, Central Federal Lands Highway Division, 
12300 W Dakota Avenue, Suite 380, Lakewood, Colorado 80228; telephone: 
(720) 963-3498, email: tomasz.kubicz@dot.gov. Regular office hours are 
Monday through Friday, 8:00 a.m. to 5:00 p.m. (Mountain Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken a 
final agency action by issuing a FONSI and approving the Rocky Flats 
NWR Trails and Rocky Mountain Greenway Connections Project in Jefferson 
County, Colorado.
    The project includes the construction of trails and two trail 
bridges on the Rocky Flats NWR and two road crossings with connecting 
trails adjacent to the Refuge. The U.S. Fish and Wildlife Service will 
construct the on-Refuge trails, which will be part of the regional 
Rocky Mountain Greenway trail system. The FHWA will construct the two 
trail bridges on the Refuge and the two road crossings and trails off 
the Refuge. The two road crossings consist of an underpass (concrete 
box culvert) at

[[Page 54393]]

State Highway 128 and a pedestrian bridge across Indiana Street with 
about 0.6 mile total of connecting trails.
    The FHWA's action, related actions by other Federal agencies, and 
the laws under which such actions were taken, are described in the U.S. 
Fish and Wildlife Service's Environmental Assessment for Improved 
Visitor Access at Rocky Flats NWR, published in August 2020; the 
Service's FONSI, dated November 2020; FHWA's FONSI, dated August 2023; 
and other documents in the project file. The Service's EA and FONSI are 
available for download at https://www.fws.gov/refuge/rocky-flats/library. The FHWA FONSI is available for download at https://highways.dot.gov/federal-lands/projects/co/rocky-flats or can be 
requested by contacting FHWA at the address provided above.
    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 by not limited to:
    1. General: National Environmental Policy Act [42 U.S.C. 4321-
4351]; Federal-Aid Highway Act [23 U.S.C. 139].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    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 and 
section 1536], Fish and Wildlife Coordination Act [16 U.S.C. 661-
667(d)], 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, as amended [16 U.S.C. 470(f) et 
seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-470(ll)]; Archeological and Historic Preservation Act [16 
U.S.C. 469-469(c)]; 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].
    7. Wetlands and Water Resources: Clean Water Act (Sections 401, 
402, and 404) [33 U.S.C. 1251-1377]; Safe Drinking Water Act [42 U.S.C. 
300(f)-300(j)(6)]; Flood Disaster Protection Act [42 U.S.C. 4001-4128].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act [42 U.S.C. 9601-9675]; Superfund 
Amendments and Reauthorization Act of 1986; 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.)

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

    Issued on: August 4, 2023.
Marcus Wilner,
Division Director, Federal Highway Administration, Lakewood, Colorado.
[FR Doc. 2023-17151 Filed 8-9-23; 8:45 am]
BILLING CODE 4910-RY-P




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