83 FR 42970 - Notice of Final Federal Agency Actions on Proposed Highway Project in Colorado
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 83, Issue 165 (August 24, 2018)
Federal Highway Administration
Federal Register Volume 83, Issue 165 (August 24, 2018)
| Page Range | 42970-42971 | |
| FR Document | 2018-17971 |
[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)] [Notices] [Pages 42970-42971] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17971] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway Project in Colorado AGENCY: Federal Highway Administration (FHWA), Department of Transportation (DOT). ACTION: Notice of limitation on claims for judicial review of actions by FHWA. ----------------------------------------------------------------------- SUMMARY: This notice announces actions taken by the FHWA that are final. The actions relate to a proposed highway project, I-25 South Gap: Monument to Castle Rock in El Paso and Douglas Counties, Colorado, FHWA Project Number NHPP 0252-450, Colorado Department of Transportation (CDOT) Number 21102. 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 prior to January 22, 2019. 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: For FHWA: Mr. Nnaemeka Ezekwemba, FHWA Colorado Division, 12300 West Dakota Avenue, Suite 180, Lakewood, Colorado 80228, telephone: 720-963-3018; email: [email protected]. Normal business hours are 7:30 a.m. to 5:00 p.m. (Mountain Time), Monday through Friday, except Federal Holidays. For CDOT: Mr. Chuck Attardo, Colorado Department of Transportation, 7328 South Revere Parkway, Unit 204A, Centennial, Colorado 80112, telephone: 303-365-7211, email: [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: Effective June 27, 2018, FHWA assumed environmental responsibilities for this project pursuant to 23 U.S.C. 327. Notice is hereby given that FHWA has taken final agency actions subject to 23 U.S.C. 139(l)(1) by issuing a Finding of No Significant Impact (FONSI) for the following highway project in the State of Colorado: I-25 South Gap: Monument to Castle Rock in El Paso and Douglas Counties. CDOT proposes to widen I-25 in Douglas and El Paso Counties between Monument and Castle Rock (i.e., the Gap) to add a tolled Express Lane in each direction, widen shoulders, improve curves and sight distances, replace bridges, add wildlife underpasses, improve drainage and water quality, and install other supporting features. The actions by FHWA, and the laws under which such actions were taken, are described in the Environmental Assessment (EA) for the project approved on April 25, 2018, and a Finding of No Significant Impact (FONSI) issued on June 27, 2018. The EA, FONSI, and other project records are available by contacting FHWA or CDOT at the addresses provided above. The EA and FONSI can be viewed and downloaded from the project website at https://www.codot.gov/projects/i-25-south-monument-castle-rock-ea. 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 but not limited to: 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 [[Page 42971]] Efficiency Act of 1991, Congestion Mitigation and Air Quality Improvement Program (Sec. 1008 U.S.C. 149). 3. Noise: 23 U.S.C. 109(i) (Pub. L. 91-605) (Pub. L. 93-87). 4. 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]. 5. 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.]. 6. 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]. 7. 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]. 8. 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]; Emergency Wetlands Resources Act [16 U.S.C. 3921, 3931]; Flood Disaster Protection Act [42 U.S.C. 4001-4128]. 9. 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)]. 10. 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; E.O. 13166 Improving Access to Services for Persons with Limited English Proficiency; E.O. 13186 Responsibilities of Federal Agencies to Protect Migratory Birds. (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). Issued on: August 13, 2018. John M. Cater, Division Administrator, Lakewood, Colorado. [FR Doc. 2018-17971 Filed 8-23-18; 8:45 am] BILLING CODE 4910-22-P
![42970 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Notices
be mailed or delivered to Mr. William west, North Wright Road to the east and FOR FURTHER INFORMATION CONTACT:
F. Marrison, Executive Director, Ambrose Street to the South. Parcels A– For FHWA: Mr. Nnaemeka
Metropolitan Knoxville Airport 191 to A–205 were acquired in 1989. Ezekwemba, FHWA Colorado Division,
Authority at the following address: 2055 These parcels are all vacant with 12300 West Dakota Avenue, Suite 180,
Alcoa Highway, Alcoa, TN 37701. scattered trees and mowed grass. Parcel Lakewood, Colorado 80228, telephone:
FOR FURTHER INFORMATION CONTACT: Mr. A–1 was purchased from the City of 720–963–3018; email:
Jamal Stovall, Community Planner, Knoxville in 1979, which included Nnaemeka.Ezekwemba@dot.gov.
Federal Aviation Administration, 1,401 acres of the original airport. Parcel Normal business hours are 7:30 a.m. to
Memphis Airports District Office, 2600, A–3 was purchased from a private land 5:00 p.m. (Mountain Time), Monday
Thousand Oaks Boulevard, Suite 2250, owner in 1969. Parcel A–31 was through Friday, except Federal
Memphis, TN 38118–2482. The purchased from the Aluminum Holidays.
application may be reviewed in person Company of America in 1986. For CDOT: Mr. Chuck Attardo,
at this same location, by appointment. This request will release this property Colorado Department of Transportation,
SUPPLEMENTARY INFORMATION: The FAA
from federal obligations. This action is 7328 South Revere Parkway, Unit 204A,
proposes to rule and invites public taken under the provisions of 49 U.S.C. Centennial, Colorado 80112, telephone:
comment on the request to release 47107(h)(2). 303–365–7211, email: Chuck.Attardo@
Any person may inspect the request state.co.us. Normal business hours are
property for disposal at McGhee Tyson
in person at the FAA office listed above 8:00 a.m. to 4:30 p.m. (Mountain Time),
Airport, 2055 Alcoa Hwy., Alcoa, TN
under FOR FURTHER INFORMATION Monday through Friday, except Federal
37701, under the provisions of 49 U.S.C.
CONTACT. Holidays.
47107(h)(2). The FAA determined that
In addition, any person may, upon SUPPLEMENTARY INFORMATION: Effective
the request to release property at
request, inspect the request, notice and June 27, 2018, FHWA assumed
McGhee Tyson Airport (TYS) submitted
other documents germane to the request environmental responsibilities for this
by the Sponsor meets the procedural
in person at the Metropolitan Knoxville project pursuant to 23 U.S.C. 327.
requirements of the Federal Aviation
Airport Authority. Notice is hereby given that FHWA has
Administration and the release of the
property does not and will not impact Issued in Memphis, Tennessee, on August taken final agency actions subject to 23
future aviation needs at the airport. The 17, 2018. U.S.C. 139(l)(1) by issuing a Finding of
FAA may approve the request, in whole Phillip J. Braden, No Significant Impact (FONSI) for the
or in part, no sooner than thirty days Manager, Memphis Airports District Office, following highway project in the State
after the publication of this notice. Southern Region. of Colorado: I–25 South Gap: Monument
The following is a brief overview of [FR Doc. 2018–18412 Filed 8–23–18; 8:45 am] to Castle Rock in El Paso and Douglas
the request: BILLING CODE 4910–13–P Counties. CDOT proposes to widen I–25
The Metropolitan Knoxville Airport in Douglas and El Paso Counties
Authority is releasing approximately between Monument and Castle Rock
59.093 acres of airport property. This DEPARTMENT OF TRANSPORTATION (i.e., the Gap) to add a tolled Express
release is necessary for the relocation of Lane in each direction, widen
the existing alignment of State Route Federal Highway Administration shoulders, improve curves and sight
115 (US 129/Alcoa Highway) at the distances, replace bridges, add wildlife
Notice of Final Federal Agency Actions
Hunt Road Interchange. This request underpasses, improve drainage and
on Proposed Highway Project in
will release this property from federal water quality, and install other
Colorado
obligations. supporting features.
The request consists of the following: AGENCY: Federal Highway The actions by FHWA, and the laws
Total land area and portions of 18 Administration (FHWA), Department of under which such actions were taken,
federally obligated parcels currently Transportation (DOT). are described in the Environmental
owned by MKAA. The total amount of ACTION: Notice of limitation on claims Assessment (EA) for the project
land to be released is 59.093 acres. The for judicial review of actions by FHWA. approved on April 25, 2018, and a
parcels in whole or portions thereof Finding of No Significant Impact
being released are referenced on the SUMMARY: This notice announces actions (FONSI) issued on June 27, 2018. The
approved airport property map. The taken by the FHWA that are final. The EA, FONSI, and other project records
following are the effected parcels as actions relate to a proposed highway are available by contacting FHWA or
they appear on the Approved Exhibit A project, I–25 South Gap: Monument to CDOT at the addresses provided above.
and the amount of total land to be Castle Rock in El Paso and Douglas The EA and FONSI can be viewed and
released versus the parcels total land Counties, Colorado, FHWA Project downloaded from the project website at
area: A–1 (2.545ac. of 1,401.72ac.), A–3 Number NHPP 0252–450, Colorado https://www.codot.gov/projects/i-25-
(1.752ac. of 97.63 ac.), A–31 (49.03ac. of Department of Transportation (CDOT) south-monument-castle-rock-ea.
70.88 ac.), A–191 (0.071ac. of 0.89ac.), Number 21102. This notice applies to all Federal
A–192 (0.162ac. of 0.86ac.), A–193 DATES: By this notice, the FHWA is agency decisions as of the issuance date
(0.25ac. of 0.86ac.), A–194 (0.216ac. of advising the public of final agency of this notice and all laws under which
0.57ac.), A–195 (0.37ac. of 0.86ac.), A– actions subject to 23 U.S.C. 139(l)(1). A such actions were taken, including but
196 (0.391 ac. of 0.86ac.), A–197 claim seeking judicial review of the not limited to:
(0.454ac. of 0.83ac.), A–198 (0.608ac. of Federal agency actions on the highway 1. General: National Environmental
daltland on DSKBBV9HB2PROD with NOTICES
0.91ac.), A–199 (0.756ac. of 0.75ac.), A– project will be barred unless the claim Policy Act (NEPA) [42 U.S.C. 4321–
200 (0.59ac. of 0.59ac.), A–201 (1.107ac. is filed on or prior to January 22, 2019. 4370h]; Federal-Aid Highway Act [Title
of 1.107ac.), A–202 (0.232ac. of If the Federal law that authorizes 23] and associated regulations [CFR part
0.232ac.), A–203 (0.21ac. of 0.21ac.), A– judicial review of a claim provides a 23].
204 (0.185ac. of 0.185ac.), A–205 time period of less than 150 days for 2. Air: Clean Air Act [42 U.S.C. 7401–
(0.162ac. of 0.162ac.). This property is filing such claim, then that shorter time 7671(q)] (transportation conformity);
bounded by Terminal Loop Drive to the period still applies. Intermodal Surface Transportation
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![Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Notices 42971
Efficiency Act of 1991, Congestion 13287 Preserve America; E.O. 13166 188th Street terminus to a new
Mitigation and Air Quality Improving Access to Services for interchange on Interstate 5 (I–5) and
Improvement Program (Sec. 1008 U.S.C. Persons with Limited English will construct additional improvements
149). Proficiency; E.O. 13186 Responsibilities on I–5 south of the new I–5/SR 509
3. Noise: 23 U.S.C. 109(i) (Pub. L. 91– of Federal Agencies to Protect Migratory interchange. The extension of SR 509
605) (Pub. L. 93–87). Birds. will be a new four-lane (two lanes in
4. Land: Section 4(f) of The each direction) fully tolled highway
(Catalog of Federal Domestic Assistance
Department of Transportation Act [49 Program Number 20.205, Highway Planning segment from South 188th Street to I–
U.S.C. 303], Farmland Protection Policy and Construction. The regulations 5. The SR 509 Completion Project is a
Act (FPPA) [7 U.S.C. 4201–4209]. Solid implementing Executive Order 12372 critical missing link in the state’s
Waste Disposal Act, as amended by the regarding intergovernmental consultation on highway network. The purpose of the
Resource Conservation and Recovery Federal programs and activities apply to this proposed action is to improve regional
Act of 1976 (42 U.S.C. 6901, et seq.); program.) highway connections with an extension
Landscaping and Scenic Enhancement Authority: 23 U.S.C. 139(l)(1). of SR 509 to serve current and future
(Wildflowers) [23 U.S.C. 319]. transportation needs in southwest King
5. Wildlife: Endangered Species Act Issued on: August 13, 2018.
John M. Cater,
County and to enhance southern access
[16 U.S.C. 1531–1544]; Fish and to Sea-Tac Airport. The SR 509
Wildlife Coordination Act [16 U.S.C. Division Administrator, Lakewood, Colorado.
Completion Project improves
661–667(e)]; Migratory Bird Treaty Act [FR Doc. 2018–17971 Filed 8–23–18; 8:45 am]
transportation connections between
[16 U.S.C. 703–712]; Plant Protection BILLING CODE 4910–22–P urban and manufacturing centers in
Act [7 U.S.C. 7701 et seq.]. south King County for people and
6. Historic and Cultural Resources:
goods. Extending SR 509 will ease
Section 106 of the National Historic DEPARTMENT OF TRANSPORTATION
congestion on I–5, create another access
Preservation Act of 1966 [54 U.S.C.
Federal Highway Administration point to Sea-Tac International Airport,
306108]; Archeological Resources
and improve service between industrial
Protection Act of 1977 [16 U.S.C.
470(aa)–470(mm)]; Archeological and Notice of Final Federal Agency Actions districts by allowing freight and traffic
on Proposed Highway in Washington to bypass I–5, SR 99 and local streets.
Historic Preservation Act [16 U.S.C.
The actions by the Federal agencies, and
469–469c–2]; American Indian AGENCY: Federal Highway the laws under which such actions were
Religious Freedom Act [42 U.S.C. 1996]; Administration (FHWA), Department of taken, are described in the Re-
Native American Grave Protection and Transportation (DOT). Evaluation for the project approved on
Repatriation Act [25 U.S.C. 3001–3013]. ACTION: Notice of limitation on claims
7. Social and Economic: Civil Rights January 16, 2018, and in other
for judicial review of actions by FHWA documents in the project records. The
Act of 1964 [42 U.S.C. 2000(d)–
2000(d)(1)]; Uniform Relocation Re-Evaluation, and other project records
SUMMARY: This notice announces actions are available from FHWA and WSDOT
Assistance and Real Property taken by the FHWA that are final. The
Acquisition Act [42 U.S.C. 61]. at the addresses provided above and can
action relates to the approval of the Re- be found at: https://www.wsdot.wa.gov/
8. Wetlands and Water Resources: Evaluation for the State Route (SR) 509
Clean Water Act [33 U.S.C 1251– Projects/SR509/completion/Library.htm.
Completion Project in King County,
1387(Sections 319, 401, 404, and 408)]; State of Washington. This notice applies to all Federal
Land and Water Conservation Fund Act agency decisions that are final as of the
DATES: A claim seeking judicial review
[16 U.S.C. 460l–4—460l–11]; Safe issuance date of this notice and all laws
of the Federal agency actions on the
Drinking Water Act [42 U.S.C. 300f— under which such actions were taken,
highway project will be barred unless
300j–9.]; Flood Disaster Protection Act including but not limited to:
the claim is filed on or before January
[42 U.S.C. 4001–4129]; Emergency 1. General: National Environmental Policy
22, 2019. If the Federal law that
Wetlands Resources Act [16 U.S.C. Act (NEPA) (42 U.S.C. 4321–4351); Federal-
authorizes judicial review of a claim
3921, 3931]; Flood Disaster Protection Aid Highway Act (23 U.S.C. 109 and 23
provides a time period of less than 150
Act [42 U.S.C. 4001–4128]. U.S.C. 128).
days for filing such claim, then that
9. Hazardous Materials: 2. Air: Clean Air Act (42 U.S.C. 7401–
shorter time period still applies. 7671q).
Comprehensive Environmental
Response, Compensation, and Liability FOR FURTHER INFORMATION CONTACT: For 3. Land: Section 4(f) of the Department of
Act [42 U.S.C. 9601–9675]; Superfund FHWA, Lindsey Handel, Area Engineer, Transportation Act of 1966 (49 U.S.C. 303; 23
Amendments and Reauthorization Act Federal Highway Administration, 711 S. U.S.C. 138); Landscaping and Scenic
Capitol Way, Suite 501, Olympia, WA Enhancement (Wildflowers) (23 U.S.C. 319).
of 1986 [Pub. L. 99–499]; Resource
98501–1284, 360–753–9550, or Megan 4. Wildlife: Endangered Species Act (16
Conservation and Recovery Act [42
U.S.C. 6901–6992(k)]. White, Director, Environmental Services U.S.C. 1531–1544 and Section 1536); Marine
Mammal Protection Act (16 U.S.C. 1361–
10. Executive Orders: E.O. 11514 Office, Washington State Department of 1423h); Fish and Wildlife Coordination Act
Protection and Enhancement of Transportation, 310 Maple Park Avenue (16 U.S.C. 661–667d); Migratory Bird Treaty
Environmental Quality; E.O. 11593 SE, Olympia, WA 98504, 360–705–7480, Act (16 U.S.C. 703–712).
Protection and Enhancement of Cultural or Megan.White@wsdot.wa.gov. 5. Historic and Cultural Resources: Section
Resources; E.O. 11988 Floodplain SUPPLEMENTARY INFORMATION: Notice is 106 of the National Historic Preservation Act
Management; E.O. 11990 Protection of hereby given that FHWA has taken final of 1966, as amended (16 U.S.C. 470f);
daltland on DSKBBV9HB2PROD with NOTICES
Wetlands; E.O. 12898 Federal Actions to agency action(s) subject to 23 U.S.C. Archeological Resources Protection Act of
1977 (16 U.S.C. 470aa–470mm);
Address Environmental Justice in 139(l)(1) by issuing licenses, permits,
Archeological and Historic Preservation Act
Minority Populations and Low Income and approvals for the following highway (16 U.S.C. 469–469c); Native American Grave
Populations; E.O. 13007 Indian Sacred project in the State of Washington: The Protection and Repatriation Act (NAGPRA)
Sites; E.O. 13112 Invasive Species; E.O. SR 509 Completion Project will extend (25 U.S.C. 3001–3013).
13175 Consultation and Coordination the existing SR 509 freeway 6. Social and Economic: American Indian
with Indian Tribal Governments; E.O. southeasterly from its current South Religious Freedom Act (42 U.S.C. 1996);
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Document Created: 2018-08-24 04:13:51
Document Modified: 2018-08-24 04:13:51
| 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. | |
| 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 prior to January 22, 2019. 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 | For FHWA: Mr. Nnaemeka Ezekwemba, FHWA Colorado Division, 12300 West Dakota Avenue, Suite 180, Lakewood, Colorado 80228, telephone: 720-963-3018; email: [email protected] Normal business hours are 7:30 a.m. to 5:00 p.m. (Mountain Time), Monday through Friday, except Federal Holidays. | |
| FR Citation | 83 FR 42970 |
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