Notice of Availability of the Revised Record of Decision for the Mountain View Corridor Project in Utah and Final Federal Agency Actions

Ivan Marrero
Federal Highway Administration
1 May 2020

[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
[Notices]
[Pages 25505-25506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09282]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Availability of the Revised Record of Decision for the 
Mountain View Corridor Project in Utah and Final Federal Agency Actions

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

ACTION: Notice of availability and 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 the availability of the Revised Record of Decision (ROD) for 
the Mountain View Corridor Project in Salt Lake and Utah counties, 
Utah. In addition, this notice is being issued to announce actions 
taken by UDOT that are final Federal agency actions related to the 
project referenced above. Those actions grant licenses, permits and/or 
approvals for the project. The Revised ROD provides details on the 
Selected Alternative for the proposed improvements.

DATES: This decision became operative on January 15, 2020. 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 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, PO Box 143600, Salt Lake City, UT 
84114; (801) 834-5284; 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: The environmental review, consultation, and 
other actions required by applicable Federal environmental laws for 
this action are being, or have been, carried out by UDOT pursuant to 23 
U.S.C. 327 and a Memorandum of Understanding (MOU) dated January 17, 
2017, and executed by FHWA and UDOT. Under the MOU, UDOT is responsible 
for conducting any additional environmental review that is required for 
projects that were approved by FHWA prior to execution of the MOU. The 
Revised ROD was processed in accordance with the MOU, and UDOT is the 
agency responsible for approving the Revised ROD. Actions taken by UDOT 
on FHWA's behalf pursuant to 23 U.S.C. 327 and the MOU 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/or approvals for the 
Mountain View Corridor Project in the State of Utah.
    A Final Environmental Impact Statement (EIS) and Section 4(f) 
Evaluation for the Mountain View Corridor Project was completed in 
September 2008 and approved through the issuance of a ROD on November 
17, 2008, by the FHWA. The overall Selected Alternative in the 2008 ROD 
included both a roadway alternative (the 5800 West Freeway Alternative) 
and a transit alternative (the 5600 West Transit Alternative with 
Dedicated Right-of-Way Option). Since the original ROD was issued, this 
overall Selected Alternative has been refined and is referred to as the 
Refined Selected Alternative.
    The 2008 ROD committed to a phased implementation approach for 
Selected Alternative. The roadway component and the transit component 
of the Selected Alternative each consisted of three phases. Under the 
phased implementation approach as defined in the 2008 ROD, UDOT 
committed that it would not proceed with Phase 2 of the roadway 
component (except in a few defined areas) until Phase 1 of the transit 
component was complete and in revenue operation. As described in the 
Final EIS and the 2008 ROD, the transit system would have started as 
Bus Rapid Transit (BRT) in Phase 1 and would have been converted to 
rail transit in Phase 3.
    The Refined Selected Alternative modifies Phase 1 of the transit 
component of the 2008 Selected Alternative (5600 West Transit 
Alternative with Dedicated Right-of-Way Option). Instead of BRT 
service, the Phase 1 transit service would include construction of 
Express Bus transit service over a longer (29-mile) corridor from the 
Old Bingham Highway TRAX station following 5600 West to downtown Salt 
Lake City including service to the Salt Lake City International 
Airport. The service would include operational improvements as well as 
enhanced stops with associated park-and-ride lots. UDOT would acquire 
the necessary right-of-way for the

[[Page 25506]]

service as required for Phase 1 transit to be in revenue operation.
    UDOT prepared an EIS Re-evaluation for the Refined Selected 
Alternative's proposed changes to the Phase 1 transit elements of the 
2008 ROD's Selected Alternative. A 30-day public review and comment 
period on the EIS Re-evaluation was provided from April 17 to May 16, 
2019. During the comment period, UDOT received 26 comments. The 
comments included support for the changes to Phase 1 transit, 
opposition to transit projects, requests for additional stops on the 
Phase 1 transit's Express Bus, requests for additional transit 
improvements or other transit projects, and questions about the Phase 1 
transit's Express Bus. The decision to approve the Refined Selected 
Alternative for the MVC Project was based on UDOT's review of the 
entire record including the 2008 MVC Final EIS and the 2019 EIS Re-
evaluation as well as technical reports, correspondence, and other 
information developed as part of the environmental review process for 
the project.
    The actions by UDOT, and the laws under which such actions were 
taken, are described in the EIS Re-evaluation approved on August 26, 
2019, the Revised ROD approved on January 15, 2020, and other documents 
in the UDOT project records. The EIS Re-evaluation and Revised ROD are 
available for review by contacting UDOT at the address provided above. 
In addition, these documents can be viewed and downloaded from the 
project website at http://www.udot.utah.gov/mountainview. This notice 
applies to the EIS Re-evaluation, the Revised ROD, and all other UDOT 
and 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]; 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 [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. 2020-09282 Filed 4-30-20; 8:45 am]
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