Notice of Intent To Prepare an Environmental Impact Statement for a Proposed Highway Project; Adams and Denver Counties, Colorado (Identification Number FHWA-CO-EIS-24-001) Publication: Federal Register Agency: Federal Highway Administration Byline: John M. Cater Date: 20 August 2024 Subjects: American Government , The Environment, Roads & Highways Topic: Interstate Highway System

[Federal Register Volume 89, Number 161 (Tuesday, August 20, 2024)]
[Notices]
[Pages 67510-67513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18587]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2024-0057]


Notice of Intent To Prepare an Environmental Impact Statement for 
a Proposed Highway Project; Adams and Denver Counties, Colorado 
(Identification Number FHWA-CO-EIS-24-001)

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

ACTION: Notice of Intent (NOI) to prepare an Environmental Impact 
Statement (EIS).

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SUMMARY: The FHWA in coordination with the Colorado Department of 
Transportation (CDOT) is issuing this Notice of Intent (NOI) to solicit 
comment and advise the public, agencies, and stakeholders that an 
Environmental Impact Statement (EIS) will be prepared for 
transportation improvements to the Interstate 270 (I-270) Corridor. The 
I-270 Corridor Improvements Project is located in the City of Commerce 
City, Adams County, and City and County of Denver in the State of 
Colorado. The study limits include the full extent of I-270 from 
Interstate 25 (I-25) to Interstate 70 (I-70) (approximately 6.5 miles). 
I-270 is a controlled-access interstate highway with two through lanes 
in each direction. Persons and agencies who may be interested in or 
affected by the proposed project are encouraged to comment on the 
information in this NOI and the NOI Additional Information document. 
All comments received in response to this NOI will be considered and 
any information presented herein, including the preliminary purpose and 
need, preliminary alternatives and identified impacts, may be revised 
in consideration of the comments.

DATES: Comments on the NOI or the NOI Additional Information documents 
must be received on or before September 19, 2024.

ADDRESSES: This NOI and the NOI Additional Information document are 
available in the docket referenced above at www.regulations.gov and on 
the project website located at www.codot.gov/projects/studies/i270study. The NOI Additional Information document will also be mailed 
upon request. All interested parties are invited to submit comments by 
any of the following methods:
     Website: For access to the documents, go to the Federal 
Rulemaking Portal located at www.regulations.gov or the project website 
located at www.codot.gov/projects/studies/i270study. Follow the online 
instructions for submitting comments at www.regulations.gov.
     Mailing address or for hand delivery or courier: Docket 
Management Facility, U.S. Department of Transportation, 1200 New Jersey 
Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 
20590.
    All submissions should include the agency name and the docket 
number that appears in the heading of this Notice. All comments 
received will be posted without change to www.regulations.gov or 
www.codot.gov/projects/studies/i270study including any personal 
information provided. The Draft EIS will include a summary of the 
comments received.

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FOR FURTHER INFORMATION CONTACT: Federal Highway Administration, 
Colorado Division, Attention: Chris Horn, Senior Area Engineer, 12300 W 
Dakota Ave #180, Lakewood, Colorado 80228; Email: Chris.Horn@dot.gov; 
Telephone: 720-963-3017; or Colorado Department of Transportation--
Region 1, Attention: David Merenich, I-270 Project Director, 2829 West 
Howard Place, Denver, Colorado 80204; Email: 
david.merenich@state.co.us; Telephone: 720-933-5755; or I-270 Project 
Email: cdot_i270@state.co.us.
    Persons interested in receiving project information can also use 
the project email address referenced above to be added to the project 
mailing list.

SUPPLEMENTARY INFORMATION: The FHWA and CDOT are committed to public 
involvement in this project. All public comments received in response 
to this NOI will be considered and potential revisions made to the 
information presented herein as appropriate. FHWA as the lead Federal 
agency, and CDOT as joint lead agency/project sponsor, are preparing an 
EIS to evaluate transportation solutions on I-270 between I-25 and I-70 
in Adams and Denver Counties, Colorado. The EIS for the I-270 Corridor 
Improvements Project will be conducted in accordance with the 
requirements of the National Environmental Policy Act (NEPA) of 1969, 
as amended (42 United States Code [U.S.C.] 4321, et seq.), 23 U.S.C. 
139, Council on Environmental Quality (CEQ) regulations implementing 
NEPA (40 Code of Federal Regulations [CFR] part 1500-1508), FHWA 
regulations implementing NEPA (23 CFR part 771) and all other 
applicable Federal, State, and local laws and regulations.
    CDOT and FHWA started an environmental review of the I-270 Corridor 
in 2020. The agencies were working toward an Environmental Assessment 
(EA). The EA process was paused in late 2022 when CDOT decided that a 
more detailed environmental review was needed. Therefore, CDOT and FHWA 
are now initiating an EIS to evaluate the environmental impacts of the 
I-270 corridor transportation improvements.
    To ensure that a full range of issues are addressed in the EIS and 
potential issues are identified, comments and suggestions are invited 
from all interested parties. FHWA requests comments and suggestions on 
the purpose and need, potential project alternatives and impacts, and 
the identification of any relevant information, studies, or analyses of 
any kind concerning impacts to the quality of the human and natural 
environment. The purpose of this request is to bring relevant comments, 
information, and analyses to the attention of FHWA and CDOT, as early 
in the process as possible, to enable the agency to make maximum use of 
this information in decision making.

Preliminary Purpose and Need

    The preliminary purpose of the I-270 Corridor Improvements project 
is to implement transportation solutions that modernize the I-270 
corridor to accommodate the existing and forecasted transportation 
demands.
    The identified transportation needs are as follows:

 Traveler safety on the corridor
 Travel time and reliability on the corridor
 Transit on the corridor
 Bicycle and pedestrian connectivity across I-270
 Freight operations on the corridor

    In addition to addressing project needs, CDOT, FHWA, Cooperating, 
and Participating Agencies have established a key project goal: to 
minimize the environmental and community impacts resulting from the 
project. The purpose and need statement may be revised based on 
comments received during the comment period on this Notice.

Preliminary Project Alternatives

    The preliminary alternatives under consideration are summarized 
below and were developed with public and agency input through the early 
scoping process. The Lead Agencies will consider agency and public 
comments received during the NOI comment period, and these alternatives 
(and other information presented in the NOI) are subject to change 
based on input.
    The preliminary alternatives will go through a screening process, 
informed by public and agency input through the scoping process. As a 
result of the screening process, one or more of the preliminary 
alternatives may be screened out and not fully analyzed in the EIS or 
other alternatives may be added.

No Action Alternative

    The No Action Alternative would maintain the existing highway 
configuration of two general-purpose travel lanes in each direction. 
Bridges and pavement would continue to be maintained and repaired but 
underlying infrastructure deficiencies would remain.

Bicycle, Pedestrian, and Transit Enhancements Alternative

    The Bicycle, Pedestrian, and Transit Enhancements Alternative would 
focus on improvements to bicycle, pedestrian, and transit connections 
in the community in lieu of additional highway capacity. It would 
include substantial ongoing maintenance and rehabilitation of existing 
highway structures and pavement and would retain the existing highway 
configuration.

Minimal Build Alternative

    The Minimal Build Alternative would not add lane capacity to I-270 
but would rebuild infrastructure, including replacing bridges that are 
reaching the end of their useful life, and addressing pavement 
condition and subsurface settling. It would also include safety 
improvements, such as widening shoulders and redesigning the I-76, York 
Street, Vasquez Boulevard, and Quebec Street interchange on- and off-
ramps to provide adequate acceleration and deceleration lanes to meet 
design standards.

Three General-Purpose Lanes Alternative

    The Three General-Purpose Lanes Alternative would include the 
safety improvements and interchange reconfigurations included in the 
Minimal Build Alternative. It would also add one general-purpose travel 
lane in each direction, for a total of three general-purpose lanes in 
each direction through the corridor. It would reconstruct other highway 
infrastructure to accommodate the widened highway footprint and 
modernize the existing infrastructure. Transit would remain in the 
general-purpose lanes as service exists today.

Two General-Purpose Lanes and One Transit-Only Lane Alternative

    The Two General-Purpose Lanes and One Transit-Only Lane Alternative 
would include the safety improvements and interchange reconfigurations 
included in the Minimal Build Alternative. It would also add one new 
transit-only travel lane in each direction through the corridor for a 
total of two general-purpose lanes and one transit-only lane in each 
direction through the corridor. It would reconstruct other highway 
infrastructure to accommodate the widened highway footprint and 
modernize the existing infrastructure.

Two General-Purpose Lanes and One Express Lane That Accommodates 
Transit Alternative

    The Two General-Purpose Lanes and One Express Lane that 
Accommodates Transit Alternative would include the safety improvements 
and interchange reconfigurations included in the

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Minimal Build Alternative. It would add one new travel lane in each 
direction through the corridor. The new lane would be operated as an 
Express Lane. Transit vehicles and high-occupancy vehicles (3 or more 
people) could travel in the express lane free of charge. Other 
travelers, including freight trucks, who choose to pay a fee could also 
use the new Express Lane. It would reconstruct other highway 
infrastructure to accommodate the widened highway footprint and 
modernize the existing infrastructure.

Three General-Purpose Lanes and One Express Lane That Accommodates 
Transit Alternative

    The Three General-Purpose Lanes and One Express Lane that 
Accommodates Transit Alternative would include the safety improvements 
and interchange reconfigurations included in the Minimal Build 
Alternative. It would add two travel lanes in each direction: one 
general-purpose lane and one Express Lane for an overall configuration 
of three general-purpose lanes and one Express Lane in each direction 
through the corridor. Transit vehicles and high-occupancy vehicles (3 
or more people) could travel in the Express Lane free of charge. Other 
travelers, including freight trucks, who choose to pay a fee could also 
use the new Express Lane. It would reconstruct other highway 
infrastructure to accommodate the widened highway footprint and 
modernize the existing infrastructure.

Two General-Purpose Lanes and Two Express Lanes That Accommodate 
Transit Alternative

    The Two General-Purpose Lanes and Two Express Lanes that 
Accommodate Transit Alternative would include the safety improvements 
and interchange reconfigurations included in the Minimal Build 
Alternative. It would add two new travel lanes in each direction. The 
two new lanes would be operated as Express Lanes. Transit vehicles and 
high-occupancy vehicles (3 or more people) could travel in the Express 
Lane free of charge. Other travelers, including freight trucks, who 
choose to pay a fee could also use the new Express Lanes. It would 
reconstruct other highway infrastructure to accommodate the widened 
highway footprint and modernize the existing infrastructure.

Summary of Anticipated Impacts

    The EIS will evaluate the potential social, economic, and 
environmental effects resulting from implementation of the build 
alternatives and the no build alternative. FHWA and CDOT will seek 
input from the public and agencies during the EIS development process 
regarding the effects of the project. CDOT and FHWA will evaluate 
effects to environmental and community resources in accordance with 
their NEPA guidance and procedures. The following environmental issues 
and considerations have been identified by the public and agencies as 
requiring the most attention in the environmental review process.
    Environmental Justice Communities. The build alternatives have the 
potential to affect low income and minority populations. Preliminary 
data collection shows the neighborhoods surrounding the proposed 
project should be considered environmental justice communities. There 
is potential for the build alternatives to have impacts to these 
communities due to noise, air quality, financial impacts, and other 
factors.
    Air Quality and Greenhouse Gas Emissions (GHGs). The build 
alternatives have the potential to impact air quality. The project will 
model air emissions for transportation-related criteria pollutants: 
carbon monoxide (CO), nitrogen dioxide (NO2), particulate 
matter of 10 microns or less in diameter (PM10), particulate 
matter of 2.5 microns or less in diameter (PM2.5), and ozone 
(O3) precursors [nitrogen oxides (NOX), and 
volatile organic compounds (VOCs)], as well as mobile source air toxics 
(MSATs) and GHGs.
    Noise. The build alternatives have the potential to increase 
traffic noise within neighborhoods surrounding the highway. 
Additionally, construction of a build alternative may have the 
potential for temporary noise increases within the neighborhoods 
surrounding the highway.
    Water Quality. The build alternatives have the potential to impact 
water quality. The project will include permanent and temporary control 
measures to reduce stormwater runoff to surrounding waters.
    Wetlands and Waters of the U.S. The build alternatives may require 
dredge and/or fill of waters of the U.S. and impacts to wetlands, which 
may require a permit from the U.S. Army Corps of Engineers.
    Hazardous Materials. The project area includes areas of known soil 
and groundwater contamination that could be disturbed during the 
construction of the build alternatives.
    Right of Way (ROW). The build alternatives may require acquisition 
of right-of-way and/or easements. The build alternatives are expected 
to require some partial property acquisition and temporary easements. 
Some of the build alternatives may require residential or commercial 
relocations.
    The EIS will evaluate the expected impacts and benefits to the 
resources identified above as well as other resources. The level of 
review of the identified resources for the EIS will be commensurate 
with the anticipated impacts to each resource from the proposed project 
and will be governed by the statutory or regulatory requirements 
protecting those resources. The analyses and evaluations conducted for 
the EIS will identify the potential for impacts; whether the 
anticipated impacts would be adverse; and the appropriate environmental 
mitigation measures. Additional information on the expected impacts is 
provided in the NOI Additional Information document available for 
review in the docket established for this project and on the project 
website as noted in the ADDRESSES section. The FHWA and CDOT are 
inviting public input during the NOI comment period. The resources 
identified for impact analysis in the EIS may be revised due to the 
consideration of public comments.

Anticipated Permits (and Other Authorizations)

    Federal, State, and local agency permits, and other authorizations, 
are anticipated to be needed for implementation of a build alternative. 
Railroad agreements are also anticipated. Lists of the specific permits 
anticipated are included in the NOI Additional Information document.

Schedule for the Decision-Making Process

    The project schedule follows the requirements of the environmental 
review process under 23 U.S.C. 139 and will comply with 40 CFR 
1501.10(b)(2), which requires that environmental reviews for major 
infrastructure projects occur within 2 years (from the date of 
publication of the NOI) to the date of issuance of the ROD. The Draft 
EIS is anticipated to be issued between late 2024 and early 2025. A 
public comment period and public hearing will follow the publication of 
the Draft EIS. The Final EIS and ROD document(s) is anticipated to be 
issued between late 2025 and early 2026, within 24 months of the 
publication of this NOI per 23 U.S.C. 139(d)(10). Per 23 U.S.C. 
139(d)(10), permits and authorizations should be completed by no later 
than 90 days after the issuance of the Record of Decision. However, for 
this project CDOT has requested in accordance with 23 U.S.C. 
139(d)(10)(C)(ii) that the 404 permit and 401 water quality 
certifications follow a different timeline

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because the construction date is not expected until 2026 or later.

Scoping and Public Review

    The project team developed an Agency Coordination Plan and a Public 
Involvement Plan. These plans will guide CDOT through the scoping and 
public review process. The Public Involvement Plan and the Agency 
Coordination Plan are attached to the NOI Additional Information 
Document.
    CDOT and FHWA identified agencies with jurisdiction over resources 
within the study area. On June 8, 2023, FHWA and CDOT conducted an 
agency coordination meeting. After the meeting agencies were formally 
contacted by FHWA through the United States Postal Service and email to 
determine Cooperating and Participating Agency status. Another agency 
coordination meeting was held on November 1, 2023. Additional meetings 
with Cooperating and Participating Agencies will be held throughout the 
environmental review process. The Agency Coordination Plan and Public 
Involvement Plan included within the NOI Additional Information 
Document describes how the public and agencies will continue to be 
engaged during EIS development.
    The project held a public open house on October 10, 2023, at the 
Eagle Pointe Recreation Center (Commerce City), to present the draft 
purpose and need and the draft proposed alternatives to the public. The 
public open house had 81 participants sign in to the event; attendees 
were highly engaged and provided detailed comments and thoughts. 
Participants were a mixture of local residents, commuters, interested 
groups, agency staff, and elected officials. A summary of the October 
public open house is available on the project website. Agencies were 
briefed on the public open house and input received at the November 1, 
2023, agency coordination meeting.
    In December 2023, CDOT hosted community ``listening sessions'' to 
gather additional feedback from area residents. The listening sessions 
were held at community locations in the study area; all included 
Spanish and English-speaking staff. CDOT has also conducted numerous 
one-on-one meetings with stakeholders.
    Additional public and agency meetings are planned before the Draft 
EIS is published, and the Draft EIS will be available for public and 
agency review and comment prior to the Public Hearing.

Request for Identification of Potential Alternatives, Information, and 
Analyses Relative to the Proposed Action

    To ensure that a full range of issues related to the study are 
addressed and all potential issues are identified, FHWA and CDOT invite 
comments and suggestions from the public and all federal, state, 
tribal, and local agencies. FHWA and CDOT request comments and 
suggestions on potential alternatives and impacts, and the 
identification of any relevant information, studies, or analyses of any 
kind concerning impacts affecting the quality of the human environment. 
Specifically, agencies and the public are asked to identify and submit 
potential alternatives for consideration and any information, such as 
anticipated significant issues or environmental impacts and analyses 
relevant to the proposed action, will be considered by the Lead and 
Cooperating agencies in developing the Draft EIS. Comments must be 
received by September 19, 2024. Any information presented herein, 
including the preliminary purpose and need, preliminary range of 
alternatives and identification of impacts may be revised after 
consideration of the comments. The purpose of this request is to bring 
relevant comments, information, and analyses to the Lead Agencies' 
attention, as early in the process as possible, to enable the agencies 
to make maximum use of this information in decision making.
    There are several methods to submit comments as described in the 
ADDRESSES section of this notice. Any questions concerning this 
proposed action, including comments relevant to alternatives, 
information, and analyses, should be directed to FHWA or CDOT at the 
physical addresses, email addresses, or phone numbers provided in the 
FOR FURTHER INFORMATION CONTACT section of this notice.
    Authority: 42 U.S.C. 4321 et seq.; 23 U.S.C. 139; 23 CFR part 771.

John M. Cater,
Division Administrator, Lakewood, Colorado, Federal Highway 
Administration.
[FR Doc. 2024-18587 Filed 8-19-24; 8:45 am]
BILLING CODE 4910-22-P