[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Notices]
[Pages 16916-16918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07877]


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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 grant 
licenses, permits, and approvals for the projects.

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 September 14, 
2018. 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: [email protected]. 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 David Singer, NEPA 
Program Manager, Colorado Department of Transportation, 4201 E. 
Arkansas Avenue, Shumate Building, Denver, Colorado 80222, 303-757-
9878, [email protected], normal business hours are 8:00 a.m. to 
4:30 p.m. (Mountain time), Monday through Friday, except Federal 
Holidays.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions 23 U.S.C. 
139(l)(1) by issuing licenses, permits, and approvals 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) 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] and associated 
regulations [CFR part 23].
    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 (Sec. 1008 
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. 469-469c-2]; 
American Indian Religious Freedom Act [42 U.S.C. 1996]; Native American 
Grave Protection and Repatriation Act [25 U.S.C. 3001-3013].

[[Page 16917]]

    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-76 and Bridge Street Interchange EA and FONSI. Project 
Location: I-76 and Bridge Street, Brighton, Colorado. Project reference 
number: 0761-202. Project overview: The project would construct a new 
interchange at I-76 and Bridge Street (SH 7). Project Purpose: The 
purpose of the project is to increase local and regional east-west 
connectivity, reduce the amount of travel delay through the planning 
horizon year of 2035, and improve traffic flow in the project area. 
Signed NEPA documents and permits: EA was signed January 23, 2015 and 
FONSI was signed July 8, 2015. https://www.brightonco.gov/605/I-76-and-Bridge-Street-Interchange-Proje and https://www.codot.gov/library/studies/i76bridgestreetea.
    2. 6th Avenue Parkway Extension EA and FONSI. Project Location: 6th 
Avenue from SH 30 to E-470, Aurora, Colorado. Project overview: This 
project would construct the 6th Avenue Parkway extension along a new 
roadway alignment between State Highway (SH 30) and the 6th Avenue 
Parkway/E-470 Tollway (E-470) interchange Project Purpose: The purpose 
of this project is to enhance east-west mobility by implementing a 
transportation solution that will close a critical gap between SH 30 
and E-470 in the regional transportation network of northeastern 
Aurora. Signed NEPA documents and permits: EA signed June 23, 2016 and 
FONSI signed December 8, 2016. https://www.auroragov.org/business_services/planning/plans_and_studies/transportation_planning/6th_avenue_parkway_extension/ and https://www.codot.gov/projects/sixth-avenue-parkway-extension-to-e-470.
    3. Martin Luther King, Jr. Boulevard Extension EA and FONSI. 
Project Location: Near Havana Way, between Havana Street and Peoria 
Street, Denver, Colorado. Project reference number: STU M320-099. 
Project overview: The existing Havana Way would be renamed MLK Blvd., 
widened to a four-lane arterial, and extended east to the Peoria Street 
and Fitzsimons Parkway intersection. Project Purpose: The purpose of 
the project is to improve an east-west arterial connection between 
Havana Street and Peoria Street, a distance of 1.1 miles, improving 
traffic congestion and reducing out-of-direction travel. Signed NEPA 
documents and permits: EA signed July 25, 2011 and FONSI signed October 
19, 2017. https://www.denvergov.org/content/denvergov/en/denver-department-of-public-works/projects/current/mlk-boulevard-extension.html.
    4. US 50 West, Wills Blvd. to McCulloch Blvd. (Milepost 313 to 
Milepost 307) EA and FONSI. Project Location: US 50 in the western part 
of Pueblo, Colorado. Project reference number: STA 0503-088. Project 
overview: The project would widen US 50 from four to six lanes, and 
change intersections to interchanges at US 50 at Purcell Blvd. and 
Pueblo Blvd. Project Purpose: The purpose of the project is to improve 
safety; increase mobility, such as reducing travel time, relieving 
traffic congestion; and improve level of service to the connecting road 
network. Signed NEPA documents and permits: EA signed April 21, 2016 
and FONSI signed August 17, 2016. https://www.codot.gov/library/studies/us50ea.
    5. North I-25 EIS and RODs. Project Location: I-25 corridor from 
Denver to Wellington in northern Colorado. Project reference number: IM 
0253(179). Project overview: The I-25 North project is an improvements 
project that includes; general purpose lanes, tolled express lanes, 
interchange reconstruction, and multi-modal services such as: I-25 
express bus, US 85 commuter bus, and commuter rail service. Project 
purpose: The purpose of the I-25 North project is to make improvements 
to provide modal alternatives, correct geometric deficiencies, improve 
safety, mobility and accessibility, and replace aging and obsolete 
infrastructure. Signed NEPA documents and permits: FEIS was signed 
August 19, 2011. Revised ROD1 (SH 392 to SH 14) was signed August 16, 
2017. Revised ROD1 (I-25/SH 7 Interchange) was signed October 20, 2017. 
ROD2 (120th Avenue to SH 7) was signed September 28, 2015. ROD3 
(Crossroads Boulevard) was signed June 8, 2016. ROD4 (SH 56 to SH 392) 
was signed April 27, 2017. ROD5 (Vine Drive/County Road 48 Bridge 
Replacement) was signed December 1, 2017. https://www.codot.gov/projects/north-i-25-eis/Northi25rod.
    6. US 50 Tier 1 Combined Final EIS and ROD. Project Location: A 
150-mile-long portion of US 50 between Pueblo and the vicinity of the 
Colorado-Kansas state line, going through Pueblo, Otero, Bent, and 
Prowers Counties. Project reference number: NH 0504-037. Project 
overview: The Build Alternative consists of constructing a four-lane 
expressway on or near the existing US 50 alignment, including new 
alignments around ten towns to preserve their business districts and 
historic downtown areas. Project Purpose: The purpose of the project is 
to improve safety and mobility for local, regional, and long-distance 
users of US 50 for present and future travel demand. This will be 
accomplished by balancing the mobility and access needs of these users 
and also providing the flexibility to meet future travel demands. 
Signed NEPA documents and permits: The Combined Final EIS/ROD was 
signed on December 11, 2017. https://www.codot.gov/projects/us50e.
    7. Colorado State Highway 470 (C-470) Corridor, Kipling Parkway to 
I-25 EA and FONSI. Project Location: A 13.75-mile portion of C-470 in 
the southern portion of the Denver metropolitan area. Project reference 
number: NH 4701-103. Project overview: The project involves adding one 
managed, tolled express lane in each direction between I-25 and Kipling 
Parkway, and a second managed lane as follows: Westbound, I-25 to 
Lucent Boulevard, and eastbound, Broadway to I-25. The purpose of the 
project is to provide congestion relief, decrease travel delay, and 
improve corridor reliability between Kipling Parkway and I-25 on the C-
470 corridor. Project Purpose: The purpose of the project is to address 
existing and future C-470 congestion between Kipling Parkway and I-25, 
reduce traveler delay, and improve travel time reliability for corridor 
users through the year 2035. Signed NEPA documents and permits: This 
statute of limitations notice applies

[[Page 16918]]

to the Reevaluation signed on March 28, 2018 that provided additional 
detail to the noise analysis that was contained in the Revised 
Environmental Assessment (EA) (signed on July 24, 2015) and the Finding 
of No Significant Impact (FONSI) (signed on November 20, 2015). The 
statute of limitations notice for the FONSI expired on May 16, 2016.

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

    Issued on: April 2, 2018.
John M. Cater,
Division Administrator, Lakewood, Colorado.
[FR Doc. 2018-07877 Filed 4-16-18; 8:45 am]
 BILLING CODE 4910-22-P