[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: [email protected]. 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]
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