80 FR 79131 - Notice of Final Federal Agency Actions on Proposed Highways in Colorado
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 80, Issue 243 (December 18, 2015)
Federal Highway Administration
Federal Register Volume 80, Issue 243 (December 18, 2015)
| Page Range | 79131-79132 | |
| FR Document | 2015-31487 |
[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)] [Notices] [Pages 79131-79132] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31487] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 the Colorado State Highway 470 (C-470) Corridor, Kipling Parkway to I-25 project located in the southern portion of the Denver metropolitan area in Colorado. Those actions grant approvals for the project. 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 the highway project will be barred unless the claim is filed on or before May 16, 2016. 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, Lakewood, Colorado 80228, 720-963-3013, Stephanie.gibson@dot.gov normal business hours are 8:30 a.m. to 5:00 p.m. (Mountain time); or Jon Chesser, Environmental Program Manager, Office of Major Projects, Colorado Department of Transportation, 4201 E. Arkansas Avenue, Shumate Building, Denver, Colorado 80222, 303-757- 9936, Jonathon.chesser@state.co.us, normal business hours are 8:00 a.m. to 4:30 p.m. (Mountain time). SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and other Federal agencies have taken final agency actions by issuing approvals for the following highway project in the State of Colorado: C-470, Kipling Parkway to I-25 project, also known as the C-470 Express Lanes project. 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. The actions by the Federal agencies on the project, and the laws under which such actions were taken, are described in the Revised Environmental Assessment (EA) signed on July 24, 2015, in the Finding of No Significant Impact (FONSI) signed November 20, 2015 and in other key project documents. The Revised EA, FONSI, and other key documents for the project are available by contacting the FHWA or the Colorado Department of Transportation at the addresses provided above. The Revised EA and FONSI documents can be viewed and downloaded from the project Web site at https://www.codot.gov/projects/c470. 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- 4370h]; Federal-Aid Highway Act [23 U.S.C. 109]. 2. Air: Clean Air Act, as amended [42 U.S.C. 7401-7671(q)] (transportation conformity). 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)]; 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 [54 U.S.C. 306108] Archaeological Resources Protection Act of 1977 [16 U.S.C. 470aa-470mm]; Archaeological and Historic Preservation Act [16 U.S.C. 469-469c- [[Page 79132]] 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]; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 [42 U.S.C. 61]. Farmland Protection Policy Act [7 U.S.C. 4201-4209]. 7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251- 1387] (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--300j-9.]; Rivers and Harbors Act of 1899 [33 U.S.C. 401-406]; Transportation Equity Act for the 21st Century (TEA- 21) [23 U.S.C. 103(b)(6)(m), 133(b)(11)] (wetlands mitigation banking); Flood Disaster Protection Act of 1973 [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 [PL 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. Authority: 23 U.S.C. 139(l)(1). Issued on: December 7, 2015. John M. Cater, Division Administrator, Lakewood, Colorado. [FR Doc. 2015-31487 Filed 12-17-15; 8:45 am] BILLING CODE 4910-22-P
![Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices 79131
assured of consideration, comments advance of transmitting a comment. Ms. business hours are 8:00 a.m. to 4:30 p.m.
should be submitted by February 1, Jamison may be contacted at (202) 395– (Mountain time).
2016. In order to ensure the timely 3475. General information concerning SUPPLEMENTARY INFORMATION: Notice is
receipt and consideration of comments, USTR is available at www.ustr.gov. hereby given that the FHWA and other
USTR strongly encourages commenters Comments will be placed in the Federal agencies have taken final agency
to make on-line submissions, using the docket and open to public inspection, actions by issuing approvals for the
www.regulations.gov Web site. To except business confidential following highway project in the State
submit comments via information. Comments may be viewed of Colorado: C–470, Kipling Parkway to
www.regulations.gov, enter docket on the www.regulations.gov Web site by I–25 project, also known as the C–470
number USTR–2015–0021 on the home entering the relevant docket number in Express Lanes project. Project Overview:
page and click ‘‘search.’’ The site will the search field on the home page. The project involves adding one
provide a search-results page listing all managed, tolled express lane in each
Edward Gresser,
documents associated with this docket. direction between I–25 and Kipling
Find a reference to this notice and click Acting Chair, Trade Policy Staff Committee.
Parkway, and a second managed lane as
on the link entitled ‘‘Comment Now!’’ [FR Doc. 2015–31781 Filed 12–17–15; 8:45 am]
follows: westbound, I–25 to Lucent
(For further information on using the BILLING CODE 3290–F6–P
Boulevard, and eastbound, Broadway to
www.regulations.gov Web site, please I–25. The purpose of the project is to
consult the resources provided on the provide congestion relief, decrease
Web site by clicking on ‘‘How to Use DEPARTMENT OF TRANSPORTATION travel delay, and improve corridor
This Site’’ on the left side of the home reliability between Kipling Parkway and
page). Federal Highway Administration
I–25 on the C–470 corridor. The actions
The www.regulations.gov Web site
allows users to provide comments by Notice of Final Federal Agency Actions by the Federal agencies on the project,
on Proposed Highways in Colorado and the laws under which such actions
filling in a ‘‘Type Comment’’ field, or by
were taken, are described in the Revised
attaching a document using an ‘‘Upload AGENCY: Federal Highway Environmental Assessment (EA) signed
File’’ field. USTR prefers that comments Administration (FHWA), Department of on July 24, 2015, in the Finding of No
be provided in an attached document. Transportation (DOT). Significant Impact (FONSI) signed
USTR prefers submissions in Microsoft
ACTION: Notice of Limitation on Claims November 20, 2015 and in other key
Word (.doc) or Adobe Acrobat (.pdf). If
for Judicial Review of Actions by FHWA project documents. The Revised EA,
the submission is in an application
and Other Federal Agencies. FONSI, and other key documents for the
other than those two, please indicate the
name of the application in the ‘‘Type project are available by contacting the
SUMMARY: This notice announces actions FHWA or the Colorado Department of
Comment’’ field. taken by the FHWA and other Federal
For any comments submitted Transportation at the addresses
agencies that are final within the provided above. The Revised EA and
electronically containing business meaning of 23 U.S.C. 139(l)(1). The
confidential information, the file name FONSI documents can be viewed and
actions relate to the Colorado State downloaded from the project Web site at
of the business confidential version Highway 470 (C–470) Corridor, Kipling
should begin with the characters ‘‘BC’’. https://www.codot.gov/projects/c470.
Parkway to I–25 project located in the This notice applies to all Federal
Any page containing business southern portion of the Denver
confidential information must be clearly agency decisions, actions, approvals,
metropolitan area in Colorado. Those licenses, and permits on the project as
marked ‘‘BUSINESS CONFIDENTIAL’’ actions grant approvals for the project.
on the top of that page. Filers of of the issuance date of this notice,
DATES: By this notice, the FHWA is including but not limited to those
submissions containing business
confidential information must also advising the public of final agency arising under the following laws, as
submit a public version of their actions subject to 23 U.S.C. 139(l)(1). A amended:
comments. The file name of the public claim seeking judicial review of the 1. General: National Environmental
version should begin with the character Federal agency actions on the highway Policy Act [42 U.S.C. 4321–4370h];
‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be project will be barred unless the claim Federal-Aid Highway Act [23 U.S.C.
followed by the name of the person or is filed on or before May 16, 2016. If the 109].
entity submitting the comments. Filers Federal law that authorizes judicial 2. Air: Clean Air Act, as amended [42
submitting comments containing no review of a claim provides a time period U.S.C. 7401–7671(q)] (transportation
business confidential information of less than 150 days for filing such conformity).
should name their file using the name claim, then that shorter time period still 3. Land: Section 4(f) of the
of the person or entity submitting the applies. Department of Transportation Act of
comments. FOR FURTHER INFORMATION CONTACT: 1966 [49 U.S.C. 303]. Landscaping and
Please do not attach separate cover Stephanie Gibson, Environmental Scenic Enhancement (Wildflowers) [23
letters to electronic submissions; rather, Program Manager, Federal Highway U.S.C. 319].
include any information that might Administration Colorado Division, 4. Wildlife: Endangered Species Act
appear in a cover letter in the 12300 W. Dakota Avenue, Lakewood, [16 U.S.C. 1531–1544]; Fish and
submission itself. Similarly, to the Colorado 80228, 720–963–3013, Wildlife Coordination Act [16 U.S.C.
extent possible, please include any Stephanie.gibson@dot.gov normal 661–667(e)]; Migratory Bird Treaty Act
mstockstill on DSK4VPTVN1PROD with NOTICES
exhibits, annexes, or other attachments business hours are 8:30 a.m. to 5:00 p.m. [16 U.S.C. 703–712].
in the same file as the submission itself, (Mountain time); or Jon Chesser, 5. Historic and Cultural Resources:
not as separate files. Environmental Program Manager, Office Section 106 of the National Historic
As noted, USTR strongly urges of Major Projects, Colorado Department Preservation Act of 1966 [54 U.S.C.
submitters to file comments through the of Transportation, 4201 E. Arkansas 306108] Archaeological Resources
www.regulations.gov Web site if at all Avenue, Shumate Building, Denver, Protection Act of 1977 [16 U.S.C. 470aa–
possible. Any alternative arrangements Colorado 80222, 303–757–9936, 470mm]; Archaeological and Historic
must be made with Ms. Jamison in Jonathon.chesser@state.co.us, normal Preservation Act [16 U.S.C. 469–469c–
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![79132 Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices
2]; Native American Grave Protection DEPARTMENT OF TRANSPORTATION Provided no formal expression of
and Repatriation Act [25 U.S.C. 3001– intent to file an offer of financial
3013]. Surface Transportation Board assistance (OFA) has been received,
6. Social and Economic: Civil Rights [Docket No. AB 567 (Sub-No. 2X); Docket these exemptions will be effective on
No. AB 568 (Sub-No. 2X)] January 19, 2016, unless stayed pending
Act of 1964 [42 U.S.C. 2000(d)–
reconsideration. Petitions to stay that do
2000(d)(1)]; American Indian Religious
Rutherford Railroad Development not involve environmental issues,1
Freedom Act [42 U.S.C. 1996]; the Corporation—Abandonment formal expressions of intent to file an
Uniform Relocation Assistance and Real Exemption—in Rutherford County, NC; OFA under 49 CFR 1152.27(c)(2),2 and
Property Acquisition Policies Act of Southeast Shortlines, Inc. d/b/a trail use/rail banking requests under 49
1970 [42 U.S.C. 61]. Farmland Thermal Belt Railway—Discontinuance CFR 1152.29 must be filed by December
Protection Policy Act [7 U.S.C. 4201– Exemption—in Rutherford County, NC 28, 2015. Petitions to reopen or requests
4209]. for public use conditions under 49 CFR
7. Wetlands and Water Resources: Rutherford Railroad Development 1152.28 must be filed by January 7,
Clean Water Act [33 U.S.C. 1251–1387] Corporation (RRDC) and Southeast 2016, with the Surface Transportation
Shortlines, Inc. d/b/a Thermal Belt Board, 395 E Street SW., Washington,
(Section 404, Section 401, Section 319);
Railway (TBRY) (collectively, DC 20423–0001.
Land and Water Conservation Fund Act applicants), have jointly filed a verified
[16 U.S.C. 460l–4—460l–11]; Safe A copy of any petition filed with the
notice of exemption under 49 CFR part Board should be sent to applicants’
Drinking Water Act [42 U.S.C. 300f— 1152 subpart F–Exempt Abandonments
300j–9.]; Rivers and Harbors Act of 1899 representative: Jeffrey A. Bandini,
and Discontinuances of Service for Parker Poe Adams & Bernstein LLP, P.O.
[33 U.S.C. 401–406]; Transportation RRDC to abandon, and for TBRY to Box 389, Raleigh, NC 27602.
Equity Act for the 21st Century (TEA– discontinue service over, approximately If the verified notice contains false or
21) [23 U.S.C. 103(b)(6)(m), 133(b)(11)] 4.97 miles of rail line, between milepost misleading information, the exemptions
(wetlands mitigation banking); Flood SB 175.5 near Alexander Mills and are void ab initio.
Disaster Protection Act of 1973 [42 milepost SB 180.47 in Spindale, Applicants have filed a combined
U.S.C. 4001–4129]. together with a portion of the Bostic environmental and historic report that
8. Hazardous Materials: Spur, which runs from approximately addresses the effects, if any, of the
Comprehensive Environmental the northern right of way line of U.S. 74 abandonment and discontinuance on
Response, Compensation, and Liability Business, a distance of approximately the environment and historic resources.
2,441.4′ westerly to a point at or near OEA will issue an environmental
Act [42 U.S.C. 9601–9675]; Superfund
Rail Milepost SF–407.40 and Rail assessment (EA) by December 24, 2015.
Amendments and Reauthorization Act
Valuation Station 5343+22, in Interested persons may obtain a copy of
of 1986 [PL 99–499]; Resource Rutherford County, N.C. (the Lines). The
Conservation and Recovery Act [42 the EA by writing to OEA (Room 1100,
Lines traverse United States Postal Surface Transportation Board,
U.S.C. 6901–6992(k)]. Service Zip Codes 28043 and 28160. Washington, DC 20423–0001) or by
9. Executive Orders: E.O. 11990 Applicants have certified that: (1) No calling OEA at (202) 245–0305.
Protection of Wetlands; E.O. 11988 local traffic has moved over the Lines Assistance for the hearing impaired is
Floodplain Management; E.O. 12898 for at least two years; (2) there is no available through the Federal
Federal Actions to Address overhead traffic on the Lines that would Information Relay Service (FIRS) at 1–
Environmental Justice in Minority have to be rerouted over other lines; (3) 800–877–8339. Comments on
Populations and Low Income no formal complaint filed by a user of environmental and historic preservation
Populations; E.O. 11593 Protection and rail service on the Lines (or by a state matters must be filed within 15 days
Enhancement of Cultural Resources; or local government entity acting on after the EA becomes available to the
behalf of such user) regarding cessation public.
E.O. 13007 Indian Sacred Sites; E.O.
of service over the Lines either is Environmental, historic preservation,
13287 Preserve America; E.O. 13175
pending with the Surface public use, or trail use/rail banking
Consultation and Coordination with Transportation Board (Board) or with
Indian Tribal Governments; E.O. 11514 conditions will be imposed, where
any U.S. District Court or has been appropriate, in a subsequent decision.
Protection and Enhancement of decided in favor of complainant within
Environmental Quality; E.O. 13112 Pursuant to the provisions of 49 CFR
the two-year period; and (4) the 1152.29(e)(2), RRDC shall file a notice of
Invasive Species. requirements at 49 CFR 1105.7(c) consummation with the Board to signify
Authority: 23 U.S.C. 139(l)(1). (environmental report), 49 CFR 1105.11 that it has exercised the authority
(transmittal letter), 49 CFR 1105.12 granted and fully abandoned the Lines.
Issued on: December 7, 2015.
(newspaper publication), and 49 CFR If consummation has not been effected
John M. Cater, 1152.50(d)(1) (notice to governmental by RRDC’s filing of a notice of
Division Administrator, Lakewood, Colorado. agencies) have been met. consummation by December 18, 2016,
[FR Doc. 2015–31487 Filed 12–17–15; 8:45 am] As a condition to these exemptions,
BILLING CODE 4910–22–P any employee adversely affected by the 1 The Board will grant a stay if an informed
abandonment or discontinuance shall be decision on environmental issues (whether raised
protected under Oregon Short Line by a party or by the Board’s Office of Environmental
Analysis (OEA) in its independent investigation)
mstockstill on DSK4VPTVN1PROD with NOTICES
Railroad—Abandonment Portion
cannot be made before the exemption’s effective
Goshen Branch Between Firth & date. See Exemption of Out-of-Serv. Rail Lines, 5
Ammon, in Bingham & Bonneville I.C.C.2d 377 (1989). Any request for a stay should
Counties, Idaho, 360 I.C.C. 91 (1979). To be filed as soon as possible so that the Board may
address whether this condition take appropriate action before the exemption’s
effective date.
adequately protects affected employees, 2 Each OFA must be accompanied by the filing
a petition for partial revocation under fee, which is currently set at $1,600. See 49 CFR
49 U.S.C. 10502(d) must be filed. 1002.2(f)(25).
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Document Created: 2015-12-18 01:39:05
Document Modified: 2015-12-18 01:39:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of Limitation on Claims for Judicial Review of Actions by FHWA and Other Federal Agencies. | |
| 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 the highway project will be barred unless the claim is filed on or before May 16, 2016. 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. | |
| Contact | Stephanie Gibson, Environmental Program Manager, Federal Highway Administration Colorado Division, 12300 W. Dakota Avenue, Lakewood, Colorado 80228, 720-963-3013, [email protected] normal business hours are 8:30 a.m. to 5:00 p.m. (Mountain time); or Jon Chesser, Environmental Program Manager, Office of Major Projects, Colorado Department of Transportation, 4201 E. Arkansas Avenue, Shumate Building, Denver, Colorado 80222, 303-757- 9936, [email protected], normal business hours are 8:00 a.m. to 4:30 p.m. (Mountain time). | |
| FR Citation | 80 FR 79131 |
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