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Notice of Final Federal Agency Actions on Proposed Highways in Colorado

Publication: Federal Register
Agency: Federal Highway Administration
Byline: John M. Cater
Date: 29 July 2024
Subjects: American Government , The Environment, Roads & Highways

[Federal Register Volume 89, Number 145 (Monday, July 29, 2024)]
[Notices]
[Pages 60965-60966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16612]


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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: 
I-70 Floyd Hill to Veterans Memorial Tunnels EA and FONSI and Vasquez 
Boulevard I-270 to 64th Avenue 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 December 26, 
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: 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 p.m. (mountain time), Monday through Friday, except 
Federal Holidays. You may also contact Lisa Streisfeld, Region 1 
Environmental Manager, Colorado Department of Transportation, 222 2829 
West Howard Place, Denver, Colorado 80204, telephone: 720-497-6924, 
email: Lisa Streisfeld@state.co.us. Normal business hours are 8 a.m. to 
5 p.m. (mountain time), Monday through Friday, except State holidays.

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) 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 and Finding of No Significant Impact (FONSI), 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

[[Page 60966]]

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. I-70 Floyd Hill to Veterans Memorial Tunnels EA and FONSI. 
Project Location: I-70 east of Idaho Springs, CO. Project overview: 
Add a third westbound lane to I-70, rebuild I-70 in this area 
(including a new viaduct) to improve design speeds and stopping 
sight distance on horizontal curves, construct a new frontage road 
between the US 6 interchange and the Hidden Valley/Central City 
interchange, and improve the multimodal trail between US 6 and the 
Veterans Memorial Tunnel. Project Purpose: improve travel time 
reliability, safety, and mobility, and to address the deficient 
infrastructure through this section of I-70. Signed NEPA documents 
and permits: EA was signed July 29, 2021, and FONSI was signed 
January 12, 2023. https://www.codot.gov/projects/i70floydhill.
    2. Vasquez Boulevard I-270 to 64th Avenue EA and FONSI. Project 
Location: Commerce City, Colorado. Project overview: Intersection 
reconfigurations at 60th Avenue and 62nd Avenue, the addition of new 
local roads, and improvements to pedestrian facilities. Project 
Purpose: The purpose of this project is to improve vehicular and 
pedestrian facilities to enhance connectivity along Vasquez 
Boulevard north of I-270. Signed NEPA documents and permits: EA 
signed October 31, 2023, and FONSI signed March 12, 2024. https://www.codot.gov/projects/vasquezimprovements.

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

John M. Cater,
Division Administrator, Lakewood, Colorado.
[FR Doc. 2024-16612 Filed 7-26-24; 8:45 am]
BILLING CODE 4910-22-P




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