Notice of Availability of the Finding of No Significant Impact for the Midvalley Highway Project in Utah and Final Federal Agency Actions
| Published date | 02 April 2024 |
| Record Number | 2024-06886 |
| Citation | 89 FR 22765 |
| Court | Federal Highway Administration |
| Section | Notices |
Federal Register, Volume 89 Issue 64 (Tuesday, April 2, 2024)
[Federal Register Volume 89, Number 64 (Tuesday, April 2, 2024)]
[Notices]
[Pages 22765-22766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06886]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Availability of the Finding of No Significant Impact
for the Midvalley Highway Project in Utah and Final Federal Agency
Actions
AGENCY: Federal Highway Administration (FHWA), Department of
Transportation, Utah Department of Transportation (UDOT).
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 actions taken by UDOT. The actions relate to the proposed
Midvalley Highway S.R. 170 Project, in the Cities of Erda, Grantsville
and Tooele, Tooele County, State of Utah. Those actions grant licenses,
permits, and approvals for the project.
DATES: This decision became operative on February 21, 2024. 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 August 30, 2024. 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: Naomi Kisen, Senior Environmental
Program Manager, UDOT Environmental Services, P.O. Box 143600, Salt
Lake City, UT 84114; (801) 965-4005; email: [email protected], Monday-
Friday, 8 a.m. to 5 p.m. (Mountain Time Zone), 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 May 26, 2022,
and executed by FHWA and UDOT. 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/or approvals for the Midvalley Highway SR-179
Project in the State of Utah.
The purpose for this project is to:
Improve regional connectivity within the Tooele Valley.
Reduce existing and future (2050) congestion on SR-36.
Provide better access to planned development in the study
area; and
Improve public welfare and safety by providing a high-
capacity alternative to SR-36, in the case of an emergency.
The selected alternative would construct: a new four-lane grade
separated freeway from the end of existing Midvalley Highway to SR-112,
a new four-lane arterial between SR-112 and SR-36, a new interchange at
Midvalley Highway and SR-138, and a shared use path along the alignment
of Midvalley Highway. The project is identified in UDOT's adopted 2023-
2028 State Transportation Improvement Program as project number S-
0179(2)0 with funding identified for right-of-way acquisition. The
project is also included in UDOT's 2023-2050 Long Range Transportation
Plan.
The actions by UDOT, and the laws under which such actions were
taken, are described in the Environmental Assessment (EA) for the
project, approved on September 7, 2023, in the Finding of No
Significant Impact (FONSI) for the project, approved on February 21,
2023, and in other documents in the project record. The EA and FONSI
are available for review at the UDOT Central Complex, 4501 South 2700
West, Salt Lake City, Utah. In addition, the EA and FONSI documents can
be viewed and downloaded from the project website at https://udot.utah.gov/midvalley/#/. This notice applies to the EA, the FONSI,
and all other UDOT and Federal agency decisions and other actions with
respect
[[Page 22766]]
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-
4370m-12]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128];
23 U.S.C. 139.
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 [23 U.S.C. 138 and 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], Fish and
Wildlife Coordination Act [16 U.S.C. 661-667d]; Migratory Bird Treaty
Act [16 U.S.C. 703-712]; Bald and Golden Eagle Protection Act [16
U.S.C. 668-668d].
5. Historic and Cultural Resources: National Historic Preservation
Act of 1966, as amended [54 U.S.C. 300101-307108]; Archaeological
Resources Protection Act of 1979 [16 U.S.C. 470aa-470mm]; Archeological
and Historic Preservation Act [54 U.S.C. 312501-312508]; Native
American Grave Protection and Repatriation Act [25 U.S.C. 3001-3013].
6. Social and Economic: Title VI of Civil Rights Act of 1964 [42
U.S.C. 2000d-2000d-7]; American Indian Religious Freedom Act [42 U.S.C.
1996]; Farmland Protection Policy Act [7 U.S.C. 4201-4209].
7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251-
1389]; Coastal Zone Management Act [16 U.S.C. 1451-1465]; Land and
Water Conservation Fund Act [54 U.S.C. 200301-200310]; Safe Drinking
Water Act [42 U.S.C. 300(f)-300(j)(6)]; Rivers and Harbors
Appropriation Act of 1899, as amended [33 U.S.C. 401-418]; Emergency
Wetlands Resources Act [16 U.S.C. 3921, 3931]; 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 [42 U.S.C. 9671-9675];
Resource Conservation and Recovery Act [42 U.S.C. 6901-6992k].
9. Noise: Noise Control Act of 1972 [42 U.S.C. 4901-4918].
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; E.O.
13985 Advancing Racial Equity and Support for Underserved Communities
Through the Federal Government; E.O. 13990 Protecting Public Health and
the Environment and Restoring Science to Tackle the Climate Crisis;
E.O. 14008 Tackling the Climate Crisis at Home and Abroad.
(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).
Ivan Marrero,
Division Administrator, Federal Highway Administration, Salt Lake City,
Utah.
[FR Doc. 2024-06886 Filed 4-1-24; 8:45 am]
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