[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: [email protected]. 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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