Notice2023-15199
Notice of Intent To Prepare an Environmental Impact Statement for a Proposed Highway Project; Madison to Wisconsin Dells, Wisconsin
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 18, 2023
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
FHWA, in coordination with the Wisconsin Department of Transportation (WisDOT), is issuing this Notice of Intent (NOI) to solicit comment and advise the public, agencies, and stakeholders that an environmental impact statement will be prepared to study potential improvements to 67 miles of Interstates 39, 90, and 94 (I-39/90/94) in Dane, Columbia, Sauk, and Juneau counties, Wisconsin. The study corridor begins at United States Highway (US) 12/18 in Madison and terminates at US 12/Wisconsin State Highway (WIS) 16 in Wisconsin Dells. The study will also evaluate I-39 from its split with I-90/94 (the I-39 I-90/94 split) to Levee Road near Portage. Persons or agencies who may be affected by the study are encouraged to comment on the information in this NOI and the NOI Additional Information document. All comments received in response to this NOI document will be considered, and any information presented herein, including the preliminary purpose and need, preliminary alternatives, and potential impacts, may be revised in consideration of comments.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 136 (Tuesday, July 18, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Notices]
[Pages 45973-45976]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15199]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA-2023-0022]
Notice of Intent To Prepare an Environmental Impact Statement for
a Proposed Highway Project; Madison to Wisconsin Dells, Wisconsin
AGENCY: Federal Highway Administration (FHWA), Department of
Transportation (USDOT).
ACTION: Notice of intent to prepare an environmental impact statement
(EIS).
-----------------------------------------------------------------------
SUMMARY: FHWA, in coordination with the Wisconsin Department of
Transportation (WisDOT), is issuing this Notice of Intent (NOI) to
solicit comment and advise the public, agencies, and stakeholders that
an environmental impact statement will be prepared to study potential
improvements to 67 miles of Interstates 39, 90, and 94 (I-39/90/94) in
Dane, Columbia, Sauk, and Juneau counties, Wisconsin. The study
corridor begins at United States Highway (US) 12/18 in Madison and
terminates at US 12/Wisconsin State Highway (WIS) 16 in Wisconsin
Dells. The study will also evaluate I-39 from its split with I-90/94
(the I-39 I-90/94 split) to Levee Road near Portage. Persons or
agencies who may be affected by the study are encouraged to comment on
the information in this NOI and the NOI Additional Information
document. All comments received in response to this NOI document will
be considered, and any information presented herein, including the
preliminary purpose and need, preliminary alternatives, and potential
impacts, may be revised in consideration of comments.
DATES: Comments must be received on or before August 17, 2023.
ADDRESSES: This NOI and the NOI Additional Information document are
available in the docket referenced above at <a href="http://www.regulations.gov">www.regulations.gov</a> and on
the study website located at <a href="https://wisconsindot.gov/Pages/projects/by-region/sw/399094/environ.aspx">https://wisconsindot.gov/Pages/projects/by-region/sw/399094/environ.aspx</a>. The NOI Additional Information
document also will be mailed upon request. Interested parties are
invited to submit comments by any of the following methods:
Website: For access to the documents, go to the Federal eRulemaking
Portal located at <a href="http://www.regulations.gov">www.regulations.gov</a> or the study website located at
<a href="https://wisconsindot.gov/Pages/projects/by-region/sw/399094/environ.aspx">https://wisconsindot.gov/Pages/projects/by-region/sw/399094/environ.aspx</a>. Follow the online instructions on the Public Involvement
page for submitting comments.
Mailing address or for hand delivery or courier: Federal Highway
Administration Wisconsin Division, 525 Junction Road, Suite 8000,
Madison, WI 53717.
Study email address: <a href="/cdn-cgi/l/email-protection#177378636460657e796372656463766372646362736e5773786339607e39707861"><span class="__cf_email__" data-cfemail="f0949f84838782999e84958283849184958384859489b0949f84de8799de979f86">[email protected]</span></a>.
All submissions should include the agency name and the docket
number that appears in the heading of this notice. All comments
received will be posted without change to <a href="http://www.regulations.gov">www.regulations.gov</a>,
including any personal information provided. A summary of the comments
received will be included in the Draft EIS.
FOR FURTHER INFORMATION CONTACT:
FHWA: Bethaney Bacher-Gresock, Environmental Manager, Federal
Highway Administration--Wisconsin Division, 525 Junction Road, Suite
8000, Madison, WI 53717; email: <a href="/cdn-cgi/l/email-protection#2042455448414e45590e4241434845520d475245534f434b60444f540e474f56"><span class="__cf_email__" data-cfemail="a7c5c2d3cfc6c9c2de89c5c6c4cfc2d58ac0d5c2d4c8c4cce7c3c8d389c0c8d1">[email protected]</span></a>; 608-
662-2119.
WisDOT: Dan Schave, PE, Project Supervisor, Wisconsin Department of
Transportation, 2101 Wright Street, Madison, WI 53704,
<a href="/cdn-cgi/l/email-protection#076366696e626b2974646f6671624763687329706e29606871"><span class="__cf_email__" data-cfemail="0a6e6b64636f66247969626b7c6f4a6e657e247d63246d657c">[email protected]</span></a>, 608-246-3251.
Persons interested in receiving study information can also use the
study email address referenced above to be added to the study mailing
list.
SUPPLEMENTARY INFORMATION: FHWA and WisDOT are committed to public
involvement for this study. FHWA, as the lead Federal agency, and
WisDOT as joint lead agency/study sponsor, are preparing an EIS to
evaluate transportation solutions on I-39/90/94 between Madison and
Wisconsin Dells, in Dane, Columbia, Sauk, and Juneau counties,
Wisconsin. The EIS will be prepared in accordance with the requirements
of the National Environmental Policy Act (NEPA) of 1969, as amended (42
United States Code [U.S.C.] 4321, et seq.), 23 U.S.C. 139, Council on
Environmental Quality (CEQ) regulations implementing NEPA (40 Code of
Federal Regulations [CFR] 1500-1508), FHWA regulations implementing
NEPA (23 CFR 771.101-771.139), and applicable Federal, State, and local
laws and regulations.
The NOI Additional Information document includes additional details
[[Page 45974]]
about early coordination activities with study committees, the public,
agencies, and major stakeholders to introduce the study and seek early
input on the purpose and need, alternatives, and potential
environmental issues. All public comments will be considered, and
changes may be made to the study as a result.
The purpose of this notice is to bring relevant comments,
information, and analyses to the attention of FHWA and WisDOT as early
in the process as possible. FHWA requests comments and suggestions on
the purpose and need, study alternatives and impacts, and the
identification of any relevant information, studies or analyses of any
kind concerning impacts to the quality of the human and natural
environment. The study purpose and need and/or the study alternatives
may be revised based on comments received during the comment period on
this notice.
Preliminary Purpose and Need for the Proposed Action
The purpose of the I-39/90/94 study is to address existing and
future traffic demands, safety issues, aging and outdated corridor
infrastructure, and corridor resiliency. The need for proposed
improvements sets the stage for developing and evaluating possible
alternatives. Traffic volumes and congestion are increasing, impacting
travel reliability. Heavy recreational, commuting and freight traffic
uniquely affect traffic operations in the study corridor. Recreational
traffic occurs typically on Fridays and Sundays in the summer. Crashes
at many locations along the study corridor exceed the statewide average
crash rate. Congestion and geometric/design deficiencies contribute to
elevated crash rates. Pavement maintenance projects are anticipated in
24 of the next 30 years somewhere in the study corridor, which presents
ongoing travel delay and congestion for daily commercial and
recreational traffic. There are 113 structures in the I-39/90/94 study
corridor. 84 structures will be over 50 years old in the year 2030. In
addition to aging structures, many bridges do not meet current vertical
and lateral design standards. Flood events in 2008 and 2018 caused
partial or full interstate closures, impacting corridor resilience.
Closures disrupt vital connections for commerce and emergency services.
The closures cause substantial indirection for detoured traffic,
causing congestion and delays on alternate routes. The study's purpose
and need statement may be revised based on the consideration of public
and agency comments.
Preliminary Description of the Proposed Action and Alternatives the
Environmental Impact Statement Will Consider
WisDOT and FHWA are developing a range of alternatives for detailed
study in the Draft EIS. Alternatives development will include
consideration of agency and public comments received during the NOI
comment period. In addition to the No Build alternative, potential
alternatives include Transportation Demand Management/Transportation
System Management and Operations alternative and Build alternatives. A
description of alternatives is provided below.
The No Build alternative assumes no improvements other than those
implemented for routine maintenance. The No Build alternative assumes
the I-39/90/94 bridge replacement over the Wisconsin River and the WIS
60 interchange reconstruction, both in Columbia County, will be
completed. WisDOT plans to replace the I-39/90/94 bridges over the
Wisconsin River as a separate project; FHWA and WisDOT completed an
Environmental Assessment and Finding of No Significant Impact in June
2021. Construction is expected to start in 2024. The bridge replacement
has independent utility; the bridges will be reconstructed to
accommodate future potential improvements to I-39/90/94 evaluated
during this study, thus not forcing or foreclosing future alternatives.
WisDOT and FHWA also completed a Categorical Exclusion in September
2019 for reconstructing the I-39/90/94 interchange with WIS 60. The
bridges need replacement due to structural deterioration. The
reconstruction project has independent utility; the interchange will be
reconstructed to accommodate future potential improvements to I-39/90/
94 evaluated during this study, thus not forcing or foreclosing future
alternatives. FHWA approved an Interstate Access Justification Report
for the interchange in June 2020. WisDOT began construction in summer
2022 to replace the interstate bridges at WIS 60 and reconfigure the
interchange ramps.
The Transportation Demand Management/Transportation System
Management and Operations alternative includes regional strategies to
manage travel demand and operational efficiency, which will include
transit investments by others. This alternative would not meet the
study purpose and need as a standalone alternative, but WisDOT expects
to include several of these measures in other Build Alternatives.
The preliminary I-39/90/94 mainline Build Alternatives range from
Spot Improvements to Freeway Modernization alternatives.
<bullet> Off Alignment (East Reliever). As part of a previous
study, WisDOT evaluated four off alignment alternatives, or east
reliever route. WisDOT eliminated off alignment alternatives from
further study based on the alternatives' greater impacts compared to
freeway modernization alternatives, which address purpose and need.
<bullet> Spot Improvements. This alternative would retain the
existing highway in its existing configuration and would include only
spot safety and operational improvements with minimal or no right of
way acquired. This alternative does not meet the study purpose and
WisDOT will not advance the alternative for continued study.
<bullet> Freeway Modernization. WisDOT will continue to evaluate
three Build modernization alternatives that would reconstruct the
freeway to modern design standards whenever possible. All the
modernization alternatives will also consider implementing strategies
to improve operations, including Collector-Distributor (C-D) lanes,
managed lanes, and/or auxiliary lanes. In the vicinity of the I-39 I-
90/94 Split, where the interstate mainline has been impacted by prior
flood events, all modernization alternatives include a combination of
profile adjustments and waterway crossing design to reduce flood risk.
<bullet> Modernization of Existing Travel Lanes. This alternative
retains the existing interstate freeway lane configuration, but it
would be reconstructed to modern design standards along the existing
alignment. Reconstruction would replace pavement, bridges, and
interchanges, while making the improvements described above.
<bullet> Modernization Plus Added General-Purpose Lane. This
alternative would reconstruct I-39/90/94 with 12-foot shoulders,
similar to the Freeway Modernization alternative, but provide an
additional general-purpose lane in each direction along the present
freeway alignment throughout a majority of the corridor.
<bullet> Modernization Hybrid. This alternative would reconstruct
I-39/90/94 with a combination of maintaining the same number of lanes
and adding a general purpose lane. The Modernization Hybrid alternative
also includes managed lanes, C-D lanes and auxiliary lanes to further
manage traffic. Managed lanes could be used in a variety of situations
including part-time
[[Page 45975]]
hard shoulder running (time of day, day of week, or time of year),
high-occupancy vehicle (HOV) lanes, transit only lanes, or Connected
and Automated Vehicles (CAV). From US 12/18 to the I-39 I-90/94 Split,
the interstate would feature the same number of general-purpose lanes
as are currently present and include an 18-foot inside shoulder that
could be utilized as a managed lane. C-D lanes are proposed between the
I-94/WIS 30 and US 151 interchanges. Auxiliary lanes are proposed
between the US 12/18 and I-94/WIS 30 interchanges and between the US
151 and WIS 19 interchanges. A general-purpose lane would be added to
I-90/94 from the I-39 I-90/94 Split to the US 12/WIS 16 interchange. I-
39 from the I-39 I-90/94 Split to Levee Road would maintain the same
number of lanes as the existing condition.
All modernization alternatives would include alternatives that
reconstruct 15 interchanges in the study corridor. In response to a
request from the city of Madison and in alignment with local and
regional plans, WisDOT will also evaluate potential new interchange
access at Hoepker Road on I-39/90/94, and at a proposed extension of
Milwaukee Street on I-94, located east of the interchange with I-39/90.
These new interchanges may or may not be part of the preferred
alternative, depending on public and agency input and how well the
interchange alternatives meet purpose and need. The NOI Additional
Information document provides more detail on interchange alternatives
under consideration.
The alternatives may be revised based on the consideration of
public and agency comments. The range of reasonable alternatives will
be finalized after consideration of comments received during the
comment period on this notice and will be documented in the Draft EIS.
Brief Summary of Expected Impacts
The EIS will evaluate the potential social, economic, and
environmental impacts/effects resulting from the implementation of the
Build and No Build alternatives. FHWA and WisDOT will seek input from
the public and agencies during the EIS development process regarding
the effects of the project. WisDOT identified preliminary impacts of
alternatives, which is provided in the NOI Additional Information
document. The following key resources and issues have been identified
for evaluation in the EIS and supporting technical studies:
Wetlands and Waters of the United States: Build alternatives would
likely require fill and removal of material from Waters of the United
States and impacts to wetlands considered to be jurisdictional by the
U.S. Army Corps of Engineers (USACE) and impacts to wetlands and
waterways considered to be jurisdictional by the Wisconsin Department
of Natural Resources (WDNR).
Floodplains: I-39/90/94 travels through areas where prior flooding
events along the Wisconsin and Baraboo rivers required closing or
partially closing the interstate. The Build alternatives may require
floodplain filling and measures to avoid, minimize and mitigate flood
risks on the interstate, as well as surrounding properties.
Section 4(f) and/or Section 6(f) Public Lands: The Build
alternatives anticipate potential use at the Pine Island Wildlife Area.
A de minimis use at the Glacial Drumlin Trail is anticipated where it
crosses under I-39/90/94. No uses are anticipated at the Baraboo River
Waterfowl Production Area in Columbia County, nor the Cherokee Marsh
Wildlife Area, McCarthy Park, Token Creek Park, and Northeast Park in
Dane County.
Section 4(f) and/or Section 106 Historic Resources: There are
properties in the study corridor area of potential effect that are
either listed, eligible or potentially eligible for listing on the
National Register of Historic Places. Historic or potentially historic
properties include Rocky Arbor State Park, houses, farmsteads,
commercial properties, a school and a chapel. FHWA and WisDOT will
assess effects and determine if there is a potential use of the
property during the alternatives refinement and Section 106
consultation processes with the State Historic Preservation Office and
other consulting parties.
Threatened and Endangered Species: Federal- and State-listed
species occur in the study corridor. FHWA and WisDOT will determine
effects through alternatives refinement, United States Fish and
Wildlife (USFWS) Section 7 consultation and coordination with the WDNR
under the WisDOT/WDNR Cooperative Agreement.
Right of Way Acquisition and Relocations: Build alternatives would
likely require full and partial acquisitions of residential and non-
residential properties abutting the study corridor.
Farmland and Agricultural Impacts: Build alternatives would likely
require partial acquisition from farm properties abutting the study
corridor and potentially require an Agricultural Impact Statement in
coordination with State and Federal agencies depending on the magnitude
of impacts.
Noise: Noise sensitive receptors, including homes, parks, schools,
and churches are present throughout the study corridor. FHWA and WisDOT
will identify impacts during alternatives refinement.
Environmental Justice: Low-income and minority environmental
justice populations are present along the study corridor, primarily in
the Madison metropolitan area and Wisconsin Dells. Preliminary impact
analyses do not anticipate full acquisitions of either residential or
non-residential properties where environmental justice populations are
present. Partial acquisitions may occur. Analysis and public
involvement will be conducted during the NEPA review to assess whether
the Build alternatives would result in any disproportionately high and
adverse effects on low-income and minority communities.
The EIS will evaluate the expected impacts and benefits to the
known resources above, as well as the following resources: land use,
social and community resources, economics, air quality, transportation
systems, ecosystem resources, stormwater and water quality, hazardous
waste sites, and visual resources. The EIS will evaluate direct,
indirect, and cumulative impacts to these resources, as applicable. The
level of review of the identified resources will be commensurate with
the anticipated effects to each resource from the proposed project and
will be governed by the statutory and regulatory requirements
applicable to those resources. The analyses and evaluations conducted
for the EIS will identify the potential for effects, whether the
anticipated effects would be beneficial or adverse, as well as
avoidance and mitigation measures for unavoidable adverse effects.
Additional information on the purpose and need statement,
alternatives, potential project environmental impacts, as well as the
draft Coordination Plan for Agency and Public Involvement is provided
within the NOI Additional Information document available for review in
the docket established for this study and on the study website as noted
in the ADDRESSES section. The studies to identify the impacts as well
as the analyses of impacts from the retained alternatives will be
presented in the Draft EIS. FHWA and WisDOT are inviting public input
during the NOI comment period. The identification of impacts for
analysis in the Draft EIS
[[Page 45976]]
may be revised due to the consideration of public comments.
Anticipated Permits and Other Authorizations
Permits and authorizations anticipated for the project include a
Section 401 water quality certification and a Section 404 permit under
the Clean Water Act (33 U.S.C. 1344). FHWA and WisDOT will prepare
evaluations under Section 4(f) of the USDOT Act of 1966 (23 U.S.C. 138
and 49 U.S.C. 303) and Section 6(f) of the Land and Water Conservation
Fund Act of 1965 (54 U.S.C. 200302); will perform consultation under
Section 106 of the National Historic Preservation Act of 1966 (54
U.S.C. 300101-307108) concurrently with the NEPA environmental review
process; and will consult with the USFWS in accordance with Section 7
of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). FHWA
and WisDOT will also work with Cooperating and Participating Agencies,
to determine if additional permits or authorizations are required under
these or other authorities.
Schedule for the Decision-Making Process
After this NOI is issued, WisDOT will coordinate with the
Participating and Cooperating agencies to develop study documentation
and the Draft EIS. The Draft EIS is anticipated to be issued in Spring
2024. The combined Final EIS and Record of Decision is anticipated to
be issued in Fall 2024, within 24 months of the publication of this
NOI. Per 23 U.S.C. 139(d)(10), permits and authorizations should be
completed by no later than 90 days after the issuance of the Record of
Decision. However, for this project WisDOT has requested in accordance
with 23 U.S.C. 139(d)(10)(C)(ii) that the 404 permit and 401 water
quality certification follow a different timeline because the
construction date is not expected until 2026 or later.
Description of Agency and Public Review and Scoping Process
FHWA and WisDOT held public involvement meetings on September 13
and 14, 2022, to introduce the corridor study. The agencies also hosted
an early coordination meeting with potential Cooperating and
Participating Agencies on September 13, 2022. During both the public
and agency meetings FHWA and WisDOT provided a study overview, the
preliminary NEPA milestone schedule, and reviewed the preliminary study
purpose and need and alternatives anticipated to be evaluated during
the NEPA process. At the agency coordination meeting, FHWA and WisDOT
also included a discussion of the anticipated roles and
responsibilities of Cooperating and Participating Agencies. FHWA and
WisDOT provided a 30-day comment period for public and agency input on
preliminary study information provided in those meetings.
FHWA and WisDOT held a second agency coordination meeting with
invited Cooperating and Participating Agencies on January 30, 2023, to
present the range of alternatives and preliminary impacts associated
with mainline and interchange alternatives. WisDOT forwarded summaries
of the purpose and need statement and range of alternatives, as well as
a draft Coordination Plan for Agency and Public Involvement and draft
Impact Analysis Methodology for a 30-day comment period between April
26, 2023, and May 26, 2023.
FHWA and WisDOT held a second round of public involvement meetings
on April 12 and 13, 2023, to present the range of alternatives and
preliminary impacts for the interstate mainline and interchanges, as
well as two new potential interchanges at Hoepker Road on I-39/90/94
and an extension of Milwaukee Street on I-94, both in the city of
Madison, Dane County.
The public and agency scoping process is continuing with the
publication of this NOI. WisDOT will announce the NOI on the study
website and provide a link to a narrated presentation explaining the
scoping process and opportunities to provide comments during the
scoping process. Comments from the agencies and the public are
requested within this NOI comment period; the study purpose and need
and/or the study alternatives may be revised based on comments
received, as noted below.
Meetings with Cooperating and Participating Agencies will be held
throughout the environmental review process. The draft Coordination
Plan for Agency and Public Involvement included within the NOI
Additional Information document describes how the public and agencies
will continue to be engaged during EIS development. The Draft EIS will
be available for public and agency review and comment prior to the
Public Hearing.
Request for Identification of Potential Alternatives, Information, and
Analyses Relevant to the Proposed Action
The NOI Additional Information document includes the preliminary
purpose and need statement, preliminary range of alternatives and the
draft Coordination Plan for Agency and Public Involvement, including
the NEPA milestones and permit schedules. With this notice, FHWA and
WisDOT request and encourage State, tribal, and local agencies, and the
public to review the NOI and NOI Additional Information document and
submit comments on any aspect of the study. Specifically, agencies and
the public are asked to identify and submit potential alternatives for
consideration and any information, such as anticipated significant
issues or environmental impacts and analyses, relevant to the proposed
study for consideration by the Lead and Cooperating Agencies in
developing the Draft EIS. Any information presented herein, including
the purpose and need, alternatives, and anticipated impacts may be
revised after consideration of the comments. Comments must be received
August 17, 2023.
There are several methods to submit comments as described in the
ADDRESSES section of this notice. Any questions concerning this
proposed action, including comments relevant to alternatives,
information, and analyses, should be directed to FHWA or WisDOT at the
physical addresses, email addresses, or phone numbers provided in the
FOR FURTHER INFORMATION CONTACT section of this notice.
Authority: 42 U.S.C. 4321 et seq.; 23 U.S.C. 139; 23 CFR part
771.
Glenn D. Fulkerson,
Division Administrator, FHWA Wisconsin Division, Madison, Wisconsin.
[FR Doc. 2023-15199 Filed 7-17-23; 8:45 am]
BILLING CODE 4910-RY-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 18, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.