Commuter rail work could be halted for violations

DRAPER — The U.S. Army Corps of Engineers has asked the Utah Transit Authority to stop construction on a section of the FrontRunner South Commuter Rail until it can conclude whether the area contains Native American artifacts or endangered species.

"It is my responsibility, on behalf of the District Engineer, to issue this Notice of Noncompliance," wrote Jason Gipson, head of the Corps' Utah-Nevada Regulatory Branch in the letter dated April 8, "and to advise you that we are conducting an investigation to determine the most appropriate enforcement action to address the alleged violation."

The Corps concluded that UTA is violating the terms and conditions of the Department of Army permit for the 45 miles of commuter railroad that will connect Salt Lake City and Provo, running adjacent to Union Pacific tracks near the Jordan River. One noncompliance area is near the Union Pacific track and 13000 South, on which a UTA contractor dumped topsoil last fall. Another is along the Jordan Narrows, where the government says crews changed the location of a rail bed before receiving approval.

The letter states that the case could end up in federal court, where UTA could get fined, an injunction requiring work be stopped or damages restored.

Administratively, the Corps can suspend, revoke or modify the permit or assess fines.

UTA is working to remedy the situation, UTA spokesman Gerry Carpenter said.

UTA employees submitted to the federal government on March 22 a permit modification, Carpenter said, which is necessary because the permit of 2008 had a station at 14600 South that will now be at 12800 South.

UTA also has complied with the Corps' requests to cease work in the Jordan Narrows, from roughly 16000 South to Thanksgiving Point, and in the station area of Bangerter Highway to 13600 South, Carpenter said.

UTA staff sent a letter on April 2 "committing not to work outside the permitted areas until our permit modification was approved," Carpenter said. "Basically, the short of it is, we're totally committed to doing whatever it is to get us back to full compliance as we move forward."

UTA will finish FrontRunner South by 2015, possibly as soon as the end of 2012. Ceasing construction in the two sections will not delay the project, because there are other areas along the 45-mile stretch to send crews, Carpenter said.