[Federal Register Volume 85, Number 109 (Friday, June 5, 2020)]
[Notices]
[Pages 34714-34715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12207]


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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 the U.S. Army Corps of Engineers.

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SUMMARY: The FHWA, on behalf of UDOT, is issuing this notice to 
announce actions taken by the U.S. Army Corps of Engineers (USACE) that 
are final Federal agency actions. The final agency actions relate to a 
proposed highway project, the West Davis Corridor project in Davis 
County, Utah. 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 November 2, 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: For UDOT: Randy Jefferies, Project 
Manager, UDOT Region 1, 166 W Southwell Street, Ogden, UT 84404; (801) 
791-1059; 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. For USACE: Jason Gipson, Nevada/Utah 
Regulatory Section Chief; USACE Bountiful Regulatory Field Office, 533 
West 2600 South, Suite 150, Bountiful, UT 84010; (801) 295-8380 x8314; 
email: [email protected]. USACE's normal business hours are 
8 a.m. to 5 p.m. (Mountain Time Zone), Monday through Friday, except 
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 to publish 
documents proposed by UDOT to be published in the Federal Register, 
including notices of final agency action under 23 U.S.C. 139(l)(1). 
FHWA also maintained responsibility of the environmental review process 
of the West Davis Corridor project until its issuance of a Record of 
Decision (FHWA ROD), which occurred on September 29, 2017. Since that 
time UDOT has been responsible for conducting any additional 
environmental reviews that are required for the West Davis Corridor 
project. On behalf of UDOT, notice is hereby given that the USACE has 
taken final agency actions subject to 23 U.S.C. Sec.  139(l)(1) by 
issuing licenses, permits, and approvals for the West Davis Corridor 
project in the State of Utah.
    The West Davis Corridor project is a proposed highway approximately 
19 miles long and would be a four-lane divided highway with an average 
right-of-way width of 250 feet from I-15 in Farmington to Antelope 
Drive in Davis County, Utah. From Antelope Drive to 1800 North in West 
Point the project would be a 146-foot-wide, limited-access two-lane 
highway.
    A Final Environmental Impact Statement and Section 4(f) Evaluation 
for the West Davis Corridor project (FEIS) was approved by FHWA on June 
23, 2017, and the FHWA ROD for the project was issued on September 29, 
2017. The FEIS, FHWA ROD, and other project records are available by 
contacting UDOT at the address provided above. The FEIS and FHWA ROD 
can also be viewed and downloaded from the project website at https://westdavis.udot.utah.gov/final-eis-and-rod/. FHWA published a notice of 
final federal agency action under 23 U.S.C. 139(1)(l) for the FEIS, 
FHWA ROD and all other then-final federal

[[Page 34715]]

agency actions for the project on October 6, 2017, and the 150-day 
period for filing a claim for judicial review of those actions expired 
on March 5, 2018.
    This notice applies to USACE's approval of a permit under Section 
404 of the Clean Water Act and a Record of Decision under the National 
Environmental Policy Act and Section 404 of the Clean Water Act issued 
for the West Davis Corridor project. The USACE Record of Decision was 
issued on May 14, 2020 and the USACE Section 404 permit was issued on 
May 15, 2020 (SPK-2007-01985). As described in the USACE Record of 
Decision and permit, in the approximately 17.5 miles of the project 
covered by the permit, between I-15 in Farmington and 300 North in West 
Point, there will be a discharge of dredged or fill material into 55.71 
acres of waters of the United States, including 52.03 acres of 
wetlands, 0.98 acre/1,875 linear feet of perennial streams, and 2.70 
acres of other open waters. The Record of Decision and Section 404 
permit authorize these discharges.
    The USACE Section 404 permit and Record of Decision are available 
by contacting USACE at the address provided above. This notice applies 
to the Section 404 permit and Record of Decision and all laws under 
which such actions were taken, including but not limited to the 
following laws and their implementing regulations:
    1. General: National Environmental Policy Act [42 U.S.C. 4321-
4351].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. 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]; The Magnuson-Stevens 
Fishery Conservation and Management Act [16 U.S.C. 1801 et seq].
    4. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq.];
    5. 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].
    6. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251-1377];
    7. 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. 13175 Consultation and Coordination with Indian Tribal 
Governments; E.O. 11514 Protection and Enhancement of Environmental 
Quality; E.O. 13112 Invasive Species.
    This notice does not reopen or extend the 150-day period for filing 
a claim for judicial review of any federal agency or UDOT action on the 
West Davis Corridor project for which a notice of agency action has 
been previously published under 23 U.S.C. 139(l)(1), including any 
action relied upon by the USACE in approving the Section 404 permit or 
Record of Decision.

(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: May 28, 2020.
Ivan Marrero,
Division Administrator, Federal Highway Administration, Salt Lake City, 
Utah.
[FR Doc. 2020-12207 Filed 6-4-20; 8:45 am]
 BILLING CODE 4910-RY-P