Notice of Final Federal Agency Actions on Proposed Highway in Utah

Notice of Final Federal Agency Actions on Proposed Highway in Utah
Topics: Interstate Highway System
Notice of Final Federal Agency Actions on Proposed Highway in Utah
Ivan Marrero
Federal Highway Administration
1 May 2020
[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
[Notices]
[Pages 25504-25505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09283]


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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 other Federal agencies.

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SUMMARY: The FHWA, on behalf of UDOT, is issuing this notice to 
announce actions taken by UDOT that are final Federal agency actions. 
The final agency actions relate to design modifications to a planned 
and approved highway project, the West Davis Corridor project in Davis 
County, Utah, and more specifically to UDOT's re-evaluation of the 
Environmental Impact Statement and Section 4(f) Evaluation for the 
project in light of design modifications to the system interchange by 
which the West Davis Corridor project (State Route 67) will connect 
with Interstate 15 (I-15) and Legacy Parkway. Those actions grant 
licenses, permits and/or approvals for the project.

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 these Federal agency actions on the highway project 
will be barred unless the claim is filed on or before September 28, 
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: Elisa Albury, Environmental Program 
Manager, UDOT Environmental Services, P.O. Box 143600, Salt Lake City, 
UT 84114; (801)-965-4000; email: ealbury@utah.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. FHWA maintained responsibility of the 
environmental review process of the West Davis Corridor project until 
its issuance of a Record of Decision (ROD). UDOT is responsible for 
conducting any additional environmental reviews (including re-
evaluations) that are required for the West Davis Corridor project 
following the issuance of the ROD. 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 a modification of the West Davis 
Corridor project in the State of Utah.
    On June 23, 2017, FHWA approved the Final Environmental Impact 
Statement and Section 4(f) Evaluation (EIS) for the West Davis Corridor 
Project, and on September 29, 2017 FHWA issued a ROD approving the 
project. On October 6, 2017, FHWA published notice of the EIS and ROD 
in the Federal Register triggering the 150-day statute of limitations 
under 23 U.S.C. 139(l)(1) for the project. The project is included in 
UDOT's adopted 2020-2025 State Transportation Improvement Plan (STIP) 
as project number 11268 and is scheduled for right of way acquisition 
and construction to begin in fiscal year 2020, being let as a design-
build contract. The project is also included in the Wasatch Front 
Regional Council's 2019--2050 Regional Transportation Plan.
    UDOT has now updated the design of the system interchange at the 
south end of the project by which the West Davis Corridor project 
(State Route 67) will interconnect with I-15 and Legacy Parkway to 
accommodate a planned widening of I-15 by one lane in each direction. 
With the planned widening of I-15, it was not possible to have the ramp 
connections as identified in the Selected Alternative in the EIS and 
ROD without either 1) having substantial impacts to the residential 
areas of Farmington and Centerville east of the Frontage Road or 2) 
relocating the Union Pacific Railroad tracks. To minimize costs and 
impacts while accommodating a planned additional lane in each direction 
on I-15, the design of the system interchange described in the Selected 
Alternative has been refined to have the ramp from southbound West 
Davis Corridor to southbound I-15 parallel Legacy Parkway for 
approximately 0.3 mile and then cross Legacy Parkway and the Union 
Pacific Railroad tracks before merging onto I-15 near 1800 North in 
Centerville (approximately 0.7 mile south of the EIS Selected 
Alternative's southbound I-15 merge). The design of the Legacy Parkway 
Trail in the area of the system interchange has also been refined.
    These changes to the Selected Alternative are referred to as the 
Refined Selected Alternative and are the subject of, and are described 
in more detail in, UDOT's April 8, 2020 EIS re-evaluation (UDOT Project 
Number S-0067(14)0, S.R. 67, West Davis Corridor; WDC/I-15/Legacy 
Parkway System Interchange in Davis County, Utah (PIN 7176) 
Environmental Impact Statement Re-evaluation #13)(EIS Re-evaluation).
    The actions by UDOT, and the laws under which such actions were 
taken, are described in the EIS Re-evaluation and other documents in 
the UDOT project records. The EIS Re-evaluation is available for review 
by contacting UDOT at the address provided above. This notice applies 
to the EIS Re-evaluation, the Section 4(f) determination, the NHPA 
Section 106 review, the Endangered Species Act determination, the noise 
review and noise abatement determination, and all other UDOT and 
federal agency decisions and other actions with respect to the EIS Re-
evaluation and the Refined Selected Alternative 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]; The Bald and 
Golden Eagle Protection Act [16 U.S.C. 668].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended

[[Page 25505]]

[16 U.S.C. 470(f) et seq.]; Archeological Resources Protection Act of 
1977 [16 U.S.C. 470(aa)-470(ll)]; Archeological and Historic 
Preservation Act [16 U.S.C. 469-469(c)]; Native American Grave 
Protection and Repatriation Act (NAGPRA) [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 (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]; Coastal Barrier 
Resources Act [16 U.S.C. 3501-3510]; Coastal Zone Management Act [16 
U.S.C. 1451-1465]; Land and Water Conservation Fund (LWCF) [16 U.S.C. 
4601-4604]; 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]; Wild 
and Scenic Rivers Act [16 U.S.C. 1271-1287]; 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]; [23 U.S.C. 109(h) & (i)].
    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.

(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))

    Dated: April 24, 2020.
Ivan Marrero,
Division Administrator, Federal Highway Administration, Salt Lake City, 
Utah.
[FR Doc. 2020-09283 Filed 4-30-20; 8:45 am]
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