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Notice of Final Federal Agency Actions on Proposed Highway in Utah

American Government Special Collections Reference Desk

American Government

Notice of Final Federal Agency Actions on Proposed Highway in Utah

Ivan Marrero
Federal Highway Administration
2 April 2019

[Federal Register Volume 84, Number 63 (Tuesday, April 2, 2019)]
[Pages 12662-12663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06358]



Federal Highway Administration

Notice of Final Federal Agency Actions on Proposed Highway in 

AGENCY: Utah Department of Transportation (UDOT), Federal Highway 
Administration (FHWA), Department of Transportation.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
Taken by UDOT on behalf of FHWA.


SUMMARY: This notice announces certain actions taken by UDOT that are 
final Federal agency actions. These actions relate to Purgatory Road, a 
proposed highway project between State Route (SR) 9 and Southern 
Parkway (SR 7), in the County of Washington, State of Utah. Those 
actions grant licenses, permits and/or approvals for the project.

DATES: By this notice, the FHWA, on behalf of UDOT, is advising the 
public of final Federal 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 
August 30, 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: Naomi Kisen, Environmental Program 
Manager, UDOT Environmental Services, P.O. Box 143600, Salt Lake City, 
UT 84114; telephone: (801) 965-4005; email: nkisen@utah.gov. UDOT's 
normal business hours are 8:00 a.m. to 5:00 p.m. (Mountain Time Zone), 
Monday through Friday, except State and Federal holidays.

SUPPLEMENTARY INFORMATION: Effective January 17, 2017, FHWA assigned to 
UDOT certain responsibilities of FHWA for environmental review, 
consultation, and other actions required by applicable Federal 
environmental laws and regulations for highway projects in Utah, 
pursuant to 23 U.S.C. 327. Actions taken by UDOT on FHWA's behalf 
pursuant to 23 U.S.C. 327 constitute Federal agency actions for 
purposes of Federal law. Notice is hereby given that UDOT has taken 
final agency actions subject to 23 U.S.C. 139(l)(1) by issuing 
licenses, permits, and approvals for the Purgatory Road; SR 9 to 
Southern Parkway project in the State of Utah. The Purgatory Road 
project proposes to improve regional system linkage and mobility 
between SR 9 and Southern Parkway. The project includes constructing a 
new three-lane roadway on new alignment between SR 9 and Southern 
Parkway. The proposed alignment would begin at SR 9 and follow the 
existing 5300 West alignment until the Quail Creek Industrial Park. The 
alignment would then run generally southward along the existing dirt 
road on the east side of the Purgatory Flat until approximately 
Landfill Road where it would swing to the west. The alignment would 
then cross the Virgin River via a new approximate 400-feet long, three-
span structure to connect directly to Southern Parkway. These 
improvements were identified in the Environmental Assessment (EA) 
prepared for the project by UDOT as the Purgatory Road Build 
Alternative, which combined Alternatives N2, M3, and R2. The actions by 
UDOT, and the laws under which such actions were taken, are described 
in the EA and UDOT Finding of No Significant Impact (FONSI) for the 
project (Finding of No Significant Impact for Purgatory Road; State 
Route 9 to Southern Parkway in Washington County, Utah, Project No. F-
LC53(72)), issued on February 26, 2019, and in other documents in the 
UDOT project records. The EA and FONSI, and other project records are 
available by contacting UDOT at the address provided above. The EA and 
FONSI can also be viewed and downloaded from the project website at 
    This notice applies to the EA, the FONSI, the Section 4(f) 
determination, the NHPA Section 106 review, the Endangered Species Act 
determination, and all other UDOT decisions and other actions with 
respect to the project as of the issuance date of this notice and all 
laws under which such actions were taken, including but not limited to 
the following laws (including their implementing regulations):
    1. General: National Environmental Policy Act, 42 U.S.C. 4321-4351; 
Federal-Aid Highway Act, 23 U.S.C. 109 and 23 U.S.C. 128.
    2. Air: Clean Air Act, 42 U.S.C. 7401-7671q.
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966, 49 U.S.C. 303; 23 U.S.C. 138; Landscaping and Scenic Enhancement 
(Wildflowers), 23 U.S.C. 319.
    4. Wildlife: Endangered Species Act, 16 U.S.C. 1531-1544 and 
Section 1536; Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d; 
Migratory Bird Treaty Act, 16 U.S.C. 703-712.
    5. Water: Section 404 of the Clean Water Act, 33 U.S.C. 1344; E.O. 
11990, Protection of Wetlands; Section 402 of the Clean Water Act, 33 
U.S.C. 1342.
    6. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, 16 U.S.C. 470f; Archeological 
Resources Protection Act of 1977, 16 U.S.C. 470aa-470mm; Archeological 
and Historic Preservation Act, 16 U.S.C. 469-469c.
    7. Noise: Federal-Aid Highway Act of 1970, Public Law 91-605, 84 
Stat. 1713.
    8. Executive Orders: E.O. 11593 Protection and Enhancement of 
Cultural Resources; E.O. 13287, Preserve America; E.O. 12898, Federal 
Actions to Address Environmental Justice and Low-Income Populations.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372

[[Page 12663]]

regarding intergovernmental consultation on Federal programs and 
activities apply to this program.)

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

    Issued on: March 26, 2019.
Ivan Marrero,
Division Administrator, Federal Highway Administration, Salt Lake City, 
[FR Doc. 2019-06358 Filed 4-1-19; 8:45 am]

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