2018-23428. 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 Limitation on Claims for Judicial Review of Actions Taken by UDOT on behalf of FHWA.

SUMMARY:

This notice announces certain actions taken by UDOT that are final Federal agency actions. These actions relate to a proposed highway project on State Route 30 (SR-30), from SR-23 to 1000 West, in the County of Cache, State of Utah. Those actions grant licenses, permits and/or approvals for the project.

DATES:

By this notice, the FHWA, on behalf of UDOT, is advising the public of final Federal 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 March 25, 2019. 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:

Brandon Weston, Director of Environmental Services, UDOT Environmental Services, PO Box 143600, Salt Lake City, UT 84114; telephone: [phone]; email: [e-mail]. UDOT's normal business hours are 8 a.m. to 5 p.m. (Mountain Standard Time), 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 has taken final agency actions subject to 23 U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the SR-30, SR-23 to 1000 West project in the State of Utah. This project proposes to add roadway capacity and safety improvements to SR-30 from 1000 West to SR-23. Improvements from 1000 West to 1900 West include four travel lanes with a 14-foot-wide center turn median, 12-foot-wide shoulders, and curb, gutter, and sidewalk. Improvements from 1900 West to SR-23 include a center median, three travel lanes from 1900 West to just west of 3200 West, two travel lanes from just west of 3200 West to milepost 103.3, four travel lanes from milepost 103.3 to SR-23, drainage improvements, access modifications to the PacifiCorp Lower Logan River Access site, and intersection improvements at SR-30 and SR-23. In addition, the project proposes a separate bicycle and pedestrian trail (12-feet wide) along SR-30 from 1900 West to SR-23. These improvements were identified in the Final Environmental Impact Statement (EIS) as the Highway Action Alternative (Alternative 6E) and the Separate Pedestrian and Bike Path Alternative. The actions by UDOT, and the laws under which such actions were taken, are described in the combined Final EIS and UDOT Record of Decision for the project (Record of Decision, Final Environmental Impact Statement, and Section 4(f) Evaluation, SR-30, SR-23 to 1000 West in Cache County, Utah, Project No. S-R199(185)), issued on October 12, 2018, and in other documents in the UDOT project records. The Final EIS and ROD, and other project records are available by contacting UDOT at the address provided above. The Final EIS and ROD can be viewed and downloaded from the project website at https://www.sr30study.com/​.

This notice applies to the Final EIS, the ROD, the Section 4(f) Determination, the NHPA Section 106 Review, and all other UDOT decisions 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 (NEPA),42 U.S.C. 4321-4351; Federal-Aid Highway Act, 23 U.S.C. 109 and 23 U.S.C. 128.

2. Air: Clean Air Act, 42 U.S.C. 7401-7671q.

3. Land: Section 4(f) of the Department of Transportation Act of 1966,49 U.S.C. 303; 23 U.S.C. 138; 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. 661-667d; Migratory Bird Treaty Act, 16 U.S.C. 703-712.

5. Water: Section 404 of the Clean Water Act, 33 U.S.C. 1344; E.O. 11990, Protection of Wetlands.

6. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, 16 U.S.C. 470f; Archeological Resources Protection Act of 1977, 16 U.S.C. 470aa-470mm; Archeological and Historic Preservation Act, 16 U.S.C. 469-469c.

7. Noise: Federal-Aid Highway Act of 1970, Public Law 91-605, 84 Stat. 1713.

8. Executive Orders: E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13287 Preserve America; E.O. 12898, Federal Actions to Address Environmental Justice and Low-Income Populations.

(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: October 17, 2018.

Ivan Marrero,

Division Administrator, Federal Highway Administration, Salt Lake City, Utah.