[Federal Register Volume 77, Number 78 (Monday, April 23, 2012)]
[Notices]
[Pages 24255-24257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9754]


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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), 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 within the meaning of 23 U.S.C. 
139(l)(1). 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 October 22, 2012. 
If the Federal law that authorizes judicial review of a claim provides 
a time period of less than 180 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, Lakewood, Colorado 80228, 720-963-3013, 
<a href="/cdn-cgi/l/email-protection#c390b7a6b3aba2adaaa6eda4aaa1b0acad83a7acb7eda4acb5"><span class="__cf_email__" data-cfemail="6f3c1b0a1f070e01060a4108060d1c00012f0b001b41080019">[email protected]</span></a> normal business hours are 8 a.m. to 4:30 p.m. 
(Mountain time); You may also contact Vanessa Henderson, NEPA Program 
Manager, Colorado Department of Transportation, 4201 E. Arkansas 
Avenue, Shumate Building, Denver, Colorado 80222, 303-757-9878, 
<a href="/cdn-cgi/l/email-protection#d284b3bcb7a1a1b3fcbab7bcb6b7a0a1bdbc92b6bda6fca1a6b3a6b7fcb1bdfca7a1"><span class="__cf_email__" data-cfemail="7026111e150303115e18151e141502031f1e30141f045e03041104155e131f5e0503">[email protected]</span></a>, normal business hours are 6:30 a.m. 
to 4 p.m. (Mountain time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions by issuing 
licenses, permits, and approvals for the highway projects in the State 
of Colorado that are listed below. The actions by the Federal

[[Page 24256]]

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 Web sites listed below.
    This notice applies to all Federal agency decisions on the 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 180 days for challenges to final agency actions 
subject to previous notices published in the Federal Register, 
including notice given by the Federal Transit Administration on 
September 23, 2010 related to U.S. 36 (75 FR 58017).
    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 [42 U.S.C. 4321-
4347]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act, as amended [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]; 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)]; Magnuson-Stevenson 
Fishery Conservation and Management Act of 1976, as amended [16 U.S.C. 
1801 et seq.].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470f]; 
Archaeological Resources Protection Act of 1977 [16 U.S.C. 470aa-
470mm]; Archaeological and Historic Preservation Act [16 U.S.C. 469-
469c-2]; 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]; Farmland Protection Policy Act [7 U.S.C. 4201-4209]; the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970, as amended [42 U.S.C. 61].
    7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 [Section 404, Section 401, Section 319]; Land and Water 
Conservation Fund Act [16 U.S.C. 460l-4-460l-11]; Safe Drinking Water 
Act [42 U.S.C. 300f et seq.]; Rivers and Harbors Act of 1899 [33 U.S.C. 
401-406]; TEA-21 Wetlands Mitigation [23 U.S.C. 103(b)(6)(m), 
133(b)(11)]; 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. 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.
    The projects subject to this notice are:
    1. U.S. 36 Corridor Project. Project location: U.S. 36 from Denver 
to Boulder. Project reference number: NO 0361-070. Project type: The 
project's purpose is to improve mobility along the U.S. 36 corridor 
from Interstate 25 in Adams County to Foothills Parkway/Table Mesa 
Drive in Boulder, a distance of approximately 18 miles. The project 
includes the reconstruction of U.S. 36 road surface, one buffer-
separated managed lane in each direction, bus rapid transit (BRT) ramp 
stations, auxiliary lanes between most interchanges, a bikeway the 
entire length of the project, and alternative transportation 
strategies. FHWA NEPA documents: DEIS and Draft Section 4(f) Evaluation 
signed July 23, 2007, FEIS and Final Section 4(f) Evaluation signed 
October 30, 2009, ROD signed December 24, 2009. Department of the Army 
Permit No. 200380602. http://www.coloradodot.info/projects/us36eis.
    2. U.S. 6 and Wadsworth. Project location: Lakewood, Jefferson 
County. Project reference number: STU 0062-019. Project type: 
Reconstruction of U.S. 6/Wadsworth Boulevard interchange with the 
existing clover leaf being changed to a tight diamond with loop ramp in 
the northwest quadrant and the widening of Wadsworth between 1 4th and 
4th Avenues with the addition of a travel lane in each direction. FHWA 
NEPA documents: EA and Draft Section 4(f) Evaluation signed June 29, 
2009, FONSI and Final Section 4(f) Evaluation signed March 12, 2010. 
http://www.coloradodot.info/projects/US6wadsworth/environmental-assessment-and-draft-4-f-evaluation.html.
    3. Powers Boulevard (SH 21) between Woodman Road and SH 16. Project 
location: Colorado Springs, El Paso County. Project reference number: 
STU R200-109. Project type: The proposed project would reconstruct the 
existing expressway as a 6-lane freeway for 11 miles between Woodmen 
Road and Milton E. Proby Parkway, build 11 new grade separated 
interchanges, and obtain right-of-way to accommodate future 
interchanges for a freeway on the existing 5.8-miles between Milton E. 
Proby Parkway and SH 16. The purpose of the project is to reduce 
current and future traffic congestion on Powers Boulevard between 
Woodmen Road and SH 16 and to accommodate connections with the region's 
planned transportation network. FHWA NEPA documents: EA signed May 4, 
2010, FONSI signed January 4, 2011. http://www.thepowerslink.com/.
    4. I-70 East Eagle Interchange. Project location: Town of Eagle, 
Eagle County. Project reference number: CC 0702-268. Project type: The 
proposed project is a new interchange located 1.8 miles east of the 
existing Eby Creek Road interchange in Eagle with a connector road to 
U.S. 6. The purpose of the project is to address problems with 
congestion, local road connectivity, safety, and to support local 
development plans. FHWA NEPA documents: EA signed September 3, 2010, 
FONSI signed May 24, 2011. http://www.townofeagle.org/index.aspx?NID=106.
    5. I-70 Mountain Corridor Programmatic EIS. Project location: 
Garfield, Eagle, Summit, Clear Creek, and Jefferson Counties. Project 
Reference Number: IM 0703-244. Project type: This Tier 1 EIS process 
identified a multimodal solution which includes three main components: 
non-infrastructure components, an Advanced Guideway System, and highway 
improvements. The Federal actions covered by this notice include Tier 1 
decisions that will be used by Federal agencies in subsequent 
proceedings, including decisions whether to grant licenses, permits and 
approvals for highway projects. Tier 1

[[Page 24257]]

decisions may also be relied upon by state and local agencies in 
proceedings on the project. Section 4 of the Introduction of the Tier 1 
Final Programmatic EIS and Section A of the Record of Decision specify 
the decisions being made at this Tier 1 level. Challenges to these Tier 
1 decisions must be made within 180 days of this notice or they will be 
barred. The purpose for transportation improvements is to increase 
capacity, improve accessibility and mobility, and decrease congestion 
for travel demand (projected to occur in 2050) to destinations along 
the Corridor as well as for interstate travel, while providing for and 
accommodating environmental sensitivity, community values, 
transportation safety, and ability to implement the proposed solutions 
for the Corridor. FHWA NEPA documents: Draft Programmatic EIS signed 
August 10, 2010, Final Programmatic EIS signed February 24, 2011, ROD 
signed June 16, 2011. http://www.coloradodot.info/projects/i-70mountaincorridor.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation on 
Federal programs and activities apply to this program.)

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

John M. Cater,
Division Administrator, Lakewood, Colorado.
[FR Doc. 2012-9754 Filed 4-20-12; 8:45 am]
BILLING CODE 4910-22-P


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