Notice of Final Federal Agency Actions on Proposed Highway in Utah |
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Ivan Marrero
Federal Highway Administration
25 November 2019
[Federal Register Volume 84, Number 227 (Monday, November 25, 2019)]
[Notices]
[Pages 64950-64951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25452]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on Proposed Highway in
Utah
AGENCY: Utah Department of Transportation (UDOT), Federal Highway
Administration (FHWA), Department of Transportation.
ACTION: Notice of limitations on claims for judicial review of actions
by UDOT and the National Park Service (NPS).
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SUMMARY: The FHWA, on behalf of UDOT, is issuing this notice to
announce actions taken by UDOT and NPS that are final Federal agency
actions. The final agency actions relate to a proposed highway project,
improvements to State Route 12 (SR-12), from milepost (MP) 14.42 to MP
18.16 in the Bryce Canyon National Park (BCRA), Garfield County, State
of Utah. Those actions grant licenses, permits and/or approvals for the
project. The Environmental Assessment prepared jointly by UDOT and NPS,
and the Findings of No Significant Impact issued by UDOT and NPS,
provide details on the Selected Alternative for the proposed
improvements.
DATES: By this notice, FHWA, on behalf of UDOT, 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 April 23, 2020.
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; (801)-965-4005; email: nkisen@udot.gov. UDOT's normal
business hours are 8 a.m. to 5 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 and the NPS
have taken final agency actions subject to 23 U.S.C. 139(l)(1) by
issuing licenses, permits, and approvals for the SR-12 Road
Stabilization and Improvements project in the State of Utah.
The project proposes to construct a transportation solution to
address long-term road stabilization near the 2017 landslide area,
preserve infrastructure, and improve traffic mobility and safety along
the existing SR-12 by providing a transportation corridor that improves
access for vehicles, bicyclists, and pedestrians. The proposed project
is on a 3.74-mile section of SR-12 between MP 14.42 and MP 18.16 in
BRCA, Garfield County, Utah. These improvements were identified in the
Environmental Assessment (EA) jointly prepared for the project by UDOT
and NPS as Alternative 2. The project is included in UDOT's adopted
2020-2025 State Transportation Improvement Plan (STIP) as project
number F-0012(43)15; PIN 15632.
The actions by UDOT and NPS, and the laws under which such actions
were taken, are described in the EA approved on September 27, 2019, the
UDOT FONSI (Finding of No Significant Impact for State Route 12 Road
Stabilization and Improvements in Garfield County, Utah, Project No. F-
0012(43)15) approved on October 10, 2019, the NPS FONSI (Finding of No
Significant Impact, State Route 12 Road Stabilization and Improvements,
approved on September 18, 2019), and other documents in the UDOT and
NPS project records. The EA and the UDOT and NPS FONSIs are available
for review by contacting UDOT at the address provided above. In
addition, these documents can be viewed and downloaded from the UDOT
project website at https://www.udot.utah.gov/projectpages/f?p=250%3A2007%3A%3A%3ANO%3A%3AP2007_EPM_PROJ_XREF_NO%2CP2007_PROJECT_TYPE_IND_FLAG%3A12995%2CA. The NPS FONSI is also available from the NPS
project website at https://parkplanning.nps.gov/projectHome.cfm?projectID=81089. This notice applies to the EA, the
FONSIs, the Section 4(f) determination, the NHPA Section 106 review,
the Endangered Species Act determination, the NPS Non-Impairment
Determination, the NPS determination to issue and the UDOT
determination to acquire a permanent transportation easement, and all
other UDOT, NPS and other federal agency 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]; MAP-
21, the Moving Ahead for Progress in the 21st Century Act [Pub. L. 112-
141].
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]; 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-
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
[[Page 64951]]
and Historic Preservation Act [16 U.S.C. 469-469(c)].
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 (FPPA) [7 U.S.C. 4201-4209].
7. Wetlands and Water Resources: Clean Water Act (Section 404,
Section 401, Section 319) [33 U.S.C. 1251-1377]; Safe Drinking Water
Act (SDWA) [42 U.S.C. 300(f)-300(j)(6)]; Rivers and Harbors Act of 1899
[33 U.S.C. 401-406]; Emergency Wetlands Resources Act [16 U.S.C. 3921,
3931]; TEA-21 Wetlands Mitigation [23 U.S.C. 103(b)(6)(M, 133(b)(11)];
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. Noise: Federal-Aid Highway Act of 1970, Public Law 91-605 [84
Stat. 1713].
10. 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. 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.
11. Permanent Transportation Easement and NPS Project Approval: 23
U.S.C. chapters 1 & 2; 23 CFR 710.601; The NPS Organic Act of 1916 and
the General Authorities Act of 1970 [16 U.S.C. l-4]; NPS Director's
Order #87D (NPS 2000).
(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: November 18, 2019.
Ivan Marrero,
Division Administrator, Federal Highway Administration, Salt Lake City,
Utah.
[FR Doc. 2019-25452 Filed 11-22-19; 8:45 am]
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