Notice2024-07709
Notice of Intent To Prepare an Environmental Impact Statement
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
April 15, 2024
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
FHWA, in coordination with the Minnesota Department of Transportation (MnDOT), is issuing this Notice of Intent (NOI) to solicit comment and advise the public, agencies, and stakeholders that an Environmental Impact Statement (EIS) will be prepared to study potential improvements to the Highway 252 (Hwy 252) corridor in Hennepin County from Highway 610 (Hwy 610) to the Hwy 252/Interstate 94 (I-94)/Interstate 694 (I-694) interchange, and the I-94 corridor from the Hwy 252/I-94/I-694 interchange to North Fourth Street and North Third Street in downtown Minneapolis. This notice also requests identification of potential alternatives, information, and analyses relevant to the proposed action. Persons or agencies who may be affected by the proposed Hwy 252/I-94 Project (Project) are encouraged to comment on the information in this NOI. All comments received in response to this NOI document will be considered and any information presented herein, including the preliminary alternatives and identified impacts, may be revised in consideration of the comments.
Full Text
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<title>Federal Register, Volume 89 Issue 73 (Monday, April 15, 2024)</title>
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[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26203-26208]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07709]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA-2024-0027]
Notice of Intent To Prepare an Environmental Impact Statement
AGENCY: Federal Highway Administration (FHWA), Department of
Transportation (USDOT).
ACTION: Notice of intent to prepare an environmental impact statement
(EIS).
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SUMMARY: FHWA, in coordination with the Minnesota Department of
Transportation (MnDOT), is issuing this Notice of Intent (NOI) to
solicit comment and advise the public, agencies, and stakeholders that
an Environmental Impact Statement (EIS) will be prepared to study
potential improvements to the Highway 252 (Hwy 252) corridor in
Hennepin County from Highway 610 (Hwy 610) to the Hwy 252/Interstate 94
(I-94)/Interstate 694 (I-694) interchange, and the I-94 corridor from
the Hwy 252/I-94/I-694 interchange to North Fourth Street and North
Third Street in downtown Minneapolis. This notice also requests
identification of potential alternatives, information, and analyses
relevant to the proposed action. Persons or agencies who may be
affected by the proposed Hwy 252/I-94 Project (Project) are encouraged
to comment on the information in this NOI. All comments received in
response to this NOI document will be considered and any information
presented herein, including the preliminary alternatives and identified
impacts, may be revised in consideration of the comments.
DATES: Comments must be received on or before May 15, 2024.
ADDRESSES: This NOI and Additional Project Information Documents are
available in the docket referenced above at <a href="http://www.regulations.gov">www.regulations.gov</a> and on
the Project website located at <a href="http://www.dot.state.mn.us/metro/projects/hwy252study">www.dot.state.mn.us/metro/projects/hwy252study</a>. The Additional Project Information Documents can also 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 Project website located at
<a href="http://www.dot.state.mn.us/metro/projects/hwy252study">www.dot.state.mn.us/metro/projects/hwy252study</a>. Follow the online
instructions for submitting comments.
Mailing address or for hand delivery or courier: Federal Highway
Administration Minnesota Division, Attn: Anna Varney, 180 East Fifth
Street, Suite 930, Saint Paul, MN 55101.
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: Anna Varney, Major Projects Engineer, Federal Highway
Administration--Minnesota Division, 180 East Fifth Street, Suite 930,
St. Paul MN 55101; email: <a href="/cdn-cgi/l/email-protection#61000f0f004f1700130f041821050e154f060e17"><span class="__cf_email__" data-cfemail="0e6f60606f20786f7c606b774e6a617a20696178">[email protected]</span></a>; 651-291-6117.
MnDOT: Amber Blanchard, Major Projects Manager, Metro District
Headquarters, 1500 West County Road B-2, Roseville, MN 55113; email:
<a href="/cdn-cgi/l/email-protection#a5c4c8c7c0d78bc7c9c4cbc6cdc4d7c1e5d6d1c4d1c08bc8cb8bd0d6"><span class="__cf_email__" data-cfemail="22434f4047500c404e434c414a4350466251564356470c4f4c0c5751">[email protected]</span></a>; phone: 651-234-7770.
SUPPLEMENTARY INFORMATION: FHWA and MnDOT are committed to public
involvement in the Project. All public comments received in response to
this notice will be considered and potential revisions made to the
information presented herein as appropriate. The environmental review
of transportation improvement alternatives for the Hwy 252/I-94 study
area will be conducted 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
[[Page 26204]]
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.
Additional Project Information Documents prepared by MnDOT in
coordination with FHWA are available in the docket and on the Project
website include: Scoping Document/Draft Scoping Decision Document (SD/
DSDD), Scoping Decision Document (SDD), Public Engagement Plan, Agency
Coordination Plan and Evaluation Process Figure.
Background
FHWA and MnDOT are exploring opportunities to improve safety and
mobility for people walking, biking, using transit and driving on and/
or across Hwy 252 and I-94 in the cities of Brooklyn Park, Brooklyn
Center, and Minneapolis, Minnesota. The Project corridor is
approximately 12 miles long, following the Hwy 252 corridor from Hwy
610 to the Hwy 252/I-94/I-694 system interchange, and the I-94 corridor
from the Hwy 252/I-94/I-694 system interchange to North Fourth Street
and North Third Street in downtown Minneapolis.
Since 2016, several transportation studies have identified and
analyzed existing safety, congestion, and neighborhood connectivity
issues along the Project corridor. In 2017, Metropolitan Council and
MnDOT completed a Principal Arterial Intersection Conversion Study
which identified the Hwy 252 corridor as a high-priority corridor. In
2018 and 2019, Hennepin County led an Environmental Assessment (EA)
process for the corridor. Due to the magnitude and complexity of the
Project, as well as the amount of public input received during the EA
phase, MnDOT and FHWA made the decision in 2020 to prepare an EIS.
In 2021, the Project entered a scoping phase resulting in the
development of a Project SD/DSDD and Project SDD which provides initial
documentation of the proposed action and need for the Project and early
decisions made in accordance with the Minnesota Environmental Policy
Act (MEPA) and Minnesota Rules 4410. The Project SDD is intended to
reduce the scope and bulk of the EIS by identifying a reasonable range
of alternatives as well as substantive issues and level of detail to be
studied in the EIS. Community and agency engagement in support of this
process was robust and generated substantial feedback.
The Purpose and Need for the Proposed Action
The purpose of the Project is to improve the safe and reliable
movement of people and goods across multiple modes on and across Hwy
252 and I-94 between Hwy 610 in Brooklyn Park and North 4th Street in
Minneapolis. The Purpose and Need Statement Report appended to the
Project SD/DSDD includes a detailed description of existing conditions
in the Project study area. Topics addressed include corridor history;
existing traffic and physical characteristics; existing transit service
(bus routes, park and ride facilities, existing transit advantages);
corridor demographics; pedestrian and bicycle infrastructure; and
previous studies. The following needs have been identified for the
study:
(a) Vehicle Safety
The vehicle safety performance of Hwy 252 is considered deficient
based on number of crashes, crash rates, and crash indices. Most Hwy
252 crashes occur at the 85th Avenue intersection in Brooklyn Park and
at the 66th Avenue intersection in Brooklyn Center. Over the 4-year
period from 2016 to 2019, a total of 1,512 crashes were reported on Hwy
252, of which 654 occurred at intersections. Eleven of the 1,512
crashes resulted in a fatality or severe injury. The crash rate at each
of the 6 intersections along Hwy 252, as well as the non-intersection
crash rate, was above the critical crash rate, which indicates that
there is a vehicle safety concern.
I-94 also experiences a high number of crashes for this facility
type. There were 914 reported crashes on I-94 between 2016 and 2019
including 5 fatal crashes and 5 serious injury crashes. The crash rate
on I-94 during this time period was also above the critical crash rate,
again indicating a vehicle safety concern.
(b) Vehicle Mobility Including Transit
The vehicle mobility performance of Hwy 252 is considered deficient
based on operations and travel time reliability during peak periods.
The congestion on Hwy 252 is expected to get worse in the future with
the No Build Alternative. Northbound I-94 experiences congestion during
the afternoon peak period because of operations at the I-94/I-694/Hwy
252 system interchange and traffic queues spilling back from I-694. The
I-94 corridor within the Project limits has one of the highest express
bus ridership numbers in the Twin Cities Metropolitan Area (based on
2019 ridership data). As congestion increases under the No Build
Alternative, it will be important to maintain bus on-time performance
on Hwy 252 and I-94 and potentially mitigate future sources of bus
delay along the corridor.
(c) Walkability and Bikeability
Hwy 252 and I-94 create physical barriers to east-west travel for
pedestrians and bicyclists in the Project area communities. Pedestrian
and bicycling traffic crossing Hwy 252 is likely low due to perceptions
of unsafe conditions for people crossing the corridor by foot or bike.
Hwy 252 can be challenging and uncomfortable to cross for some
pedestrians and bicyclists due to the number of lanes, crossing
distances, and vehicle speeds. Multiple fatal crashes involving motor
vehicles and vulnerable users have occurred in the Project area (e.g.,
pedestrians and bicyclists). Between 2016--2019, pedestrian or bicycle
crashes with vehicles resulted in one fatality and two serious
injuries.
Pedestrians and bicyclists can also experience long delay times
when waiting to cross Hwy 252. Once able to cross, the signal cycle
time may not feel adequate for some users. The I-94 crossing
experiences have varying degrees of pedestrian and bicycle levels of
service at the various locations throughout the corridor.
Purpose and Need Development
The Purpose and Need statement explains why MnDOT is undertaking
the proposed action and what its objectives are. The identified needs
are transportation deficiencies or problems to be addressed. The
``Purpose'' is a broad statement of the primary intended transportation
result and other related objectives to be achieved by a proposed
transportation improvement. The Draft EIS will include the Purpose and
Need statement and supporting documentation, including data and public
input summary developed during the SD/DSDD phase. The agency may
consider revisions to the Purpose and Need statement if new
substantiating transportation data or information is learned through
the comment period on this notice.
A Preliminary Description of the Proposed Action and Alternatives the
Environmental Impact Statement Will Consider
FHWA and MnDOT propose improvements to 12 miles along the Hwy 252
and I-94 corridor, including, but not limited to, converting Hwy 252 to
a grade separated freeway with interchanges, adding managed lanes, and
providing bicycle/pedestrian grade
[[Page 26205]]
separated crossings. Corridor elements for the Project have been
evaluated in the SD/DSDD based on a 3-step Alternatives Evaluation
Process as shown in Figure 6.1 in the SD/DSDD:
<bullet> Step 1: Identified corridor elements and determined if
these elements would address the problems that led to the initiation of
the Project.
<bullet> Step 2: Developed corridor elements and evaluated the
transportation performance of these elements (qualitative and
quantitative assessment). Conducted initial qualitative assessment of
social, economic, and environmental impacts.
<bullet> Step 3: Refined and evaluated the transportation
performance of corridor elements, including location and type of access
on Hwy 252. Refined and evaluated prudent additional connections across
I-94 and evaluated the number of lanes and what type of lanes on Hwy
252 and I-94. Qualitative and quantitative evaluation of social,
economic, and environmental (SEE) impacts. The outcome of Step 3 was
the identification of corridor elements and alternatives for further
study in the Draft EIS.
Using this Alternatives Evaluation Process, a wide range of
potential corridor elements were identified for Hwy 252 and I-94 in the
SD/DSDD. Hwy 252 and I-94 elements for corridor alternatives were
evaluated independently from one another during the scoping process
using evaluation criteria established for their respective impact areas
and their respective performance. Based on the Step 2 evaluation of Hwy
252 and I-94 elements, many corridor alternatives were dismissed from
further consideration based on performance measures used to evaluate
their ability to address the transportation Purpose and Need.
Step 3 included qualitative and quantitative transportation and
social, economic, and environmental (SEE) performance measures. The SD/
DSDD includes a traffic analysis for corridor elements and corridor
alternatives, including traffic modeling methodologies and travel
demand forecasts. Additional information on the Range of Alternatives
is also provided in the SD/DSDD and SDD.
Below are descriptions of the No Build Alternative and Corridor
Elements recommended in Step 3 of the Alternative Evaluation to be
studied further in the EIS in Step 4 as outlined in the Evaluation
Process Figure in the docket.
(a) No Build Alternative
Documentation of a No Build Alternative is required as part of the
NEPA and MEPA processes to act as a baseline scenario in the
alternatives screening and evaluation process. The No Build Alternative
would maintain the current roadway geometry, lane configuration, and
other existing conditions within the logical termini with no additional
improvements to address needs in the Hwy 252/I-94 study area. The No
Build Alternative presumes that there will be ongoing preventative
maintenance work but does not provide either the scope of preventative
maintenance or any environmental clearance. The No Build Alternative
includes maintaining the existing number of lanes, intersections,
overpass bridges, transit advantages, and pedestrian and bicycle
facilities on Hwy 252 and I-94
(b) Build Alternatives
MnDOT and FHWA will follow an iterative stepped process to select a
preferred alternative. The Draft EIS will build upon and refine the
alternatives that were developed and retained from the DSDD/SDD (Steps
1-3). The Draft EIS will assess whether the Hwy 252 corridor should go
over or under the local crossroad at the potential interchange
locations (Step 4--Phase 1A), as well as consider a variety of access
combinations along Hwy 252 (Step 4--Phase 1B). Each alternative to be
studied in the Draft EIS will cover the entire 12-mile Project corridor
and include a combination of one of the Hwy 252 corridor elements
retained from the SDD incorporating the recommendations from Step 4--
Phases 1A and 1B with one of the I-94 corridor elements retained from
the SDD (Step 4--Phase 2)
Hwy 252
Additional details on the criteria used to refine Hwy 252 access
combinations and corridor elements are provided in the SD/DSDD.
Hwy 252 Corridor (Over or Under) Local Road
Step 4--Phase 1A of the Draft EIS: An evaluation of the SEE impacts
of having Hwy 252 over or under the local road will be conducted to
select a recommended vertical location of the Hwy 252 corridor at each
interchange location.
Hwy 252 Access Combinations
Step 4--Phase 1B of the Draft EIS: Following the identification of
the recommended over/under location selected, access combinations
considered in the SDD will be evaluated to identify the level of access
to be retained at 6 existing intersections along the Hwy 252 corridor.
Each access combination is a permutation of full access, partial
access, and closures, which will be studied in the Draft EIS:
<bullet> Access Combination 1--Full access interchanges on Hwy 252
at 85th Avenue, Brookdale Drive, and 66th Avenue. Pedestrian and
bicycle access only at Humboldt Avenue, 73rd Avenue and 70th Avenue.
<bullet> Access Combination 2--Full access interchanges on Hwy 252
at 85th Avenue and 66th Avenue. Partial access interchanges at
Brookdale Drive and 73rd Avenue. Pedestrian and bicycle access only at
Humboldt Avenue and 70th Avenue.
<bullet> Access Combination 3--Full access interchange on Hwy 252
at 85th Avenue. Partial access interchanges at Brookdale Drive and 73rd
Avenue. Pedestrian and bicycle access only at Humboldt Avenue, 70th
Avenue and 66th Avenue.
<bullet> Access Combination 4--Full access interchanges on Hwy 252
at 85th Avenue, Brookdale Drive, and 70th Avenue. Pedestrian and
bicycle access only at Humboldt Avenue, 73rd Avenue and 70th Avenue.
<bullet> Access Combination 5--Full access interchanges on Hwy 252
at 85th Avenue and 73rd Avenue. Pedestrian and bicycle access only at
Humboldt Avenue, 70th Avenue and 66th Avenue.
Hwy 252 Corridor Elements
Step 4--Phase 2 of the Draft EIS: FHWA and MnDOT are currently
considering three corridor elements identified in the SDD on Hwy 252,
using the recommended Hwy 252 vertical location and recommended access
combination along Hwy 252 as determined in Step 4--Phases 1A and 1B.
Three Hwy 252 corridor elements will be combined with applicable I-94
corridor elements to form up to ten whole corridor alternatives (see
next section):
<bullet> Element 5--Convert Hwy 252 to 4-lane freeway with
interchanges with bus-only shoulders.
<bullet> Element 6--Convert Hwy 252 to 6-lane freeway with
interchanges with bus-only shoulders.
<bullet> Element 7--Convert Hwy 252 to 6-lane freeway with two
managed lanes.
I-94
Additional details on the criteria used to refine I-94 corridor
elements are provided in the SD/DSDD.
[[Page 26206]]
I-94 Corridor Elements
Step 4--Phase 2 of the Draft EIS: FHWA and MNDOT are considering 5
corridor elements on I-94 to be combined with the 3 Hwy 252 corridor
elements (see previous section) to form up to 10 whole corridor
alternatives:
<bullet> Element A--No change on I-94
<bullet> Element B--Convert one southbound I-94 lane from I-694 to
North Fourth Street to a managed lane with a direct connection to
downtown Minneapolis.
<bullet> Element D--Convert one southbound and one northbound I-94
Lane from I-694 to North Fourth Street to managed lanes with a direct
connection to downtown Minneapolis.
<bullet> Element G--Build one southbound I-94 Lane from I-694 to
Dowling Avenue as a managed lane, convert one southbound I-94 Lane from
Dowling Avenue to North Fourth Street to a managed lane with a direct
connection to downtown Minneapolis.
<bullet> Element J--Build one southbound and one northbound I-94
Lane from I-694 to Dowling Avenue as managed lanes, convert one
southbound and one northbound I-94 Lane from Dowling Avenue to North
Fourth Street to a managed lane with a direct connection to downtown
Minneapolis.
Reasonable Range of Alternatives
In Step 4--Phase 1A, FHWA and MnDOT anticipate evaluating the
separation of Hwy 252 over or under the local road at each of the
potential interchange locations before proceeding to Step 4--Phase 1B,
the evaluation of the 5 Hwy 252 access combinations elements.
Incorporating the recommendations from Step 4--Phases 1A and 1B with
the Hwy 252 corridor elements, FHWA and MnDOT will proceed to Step 4--
Phase 2 and evaluate up to 10 Hwy 252/I-94 corridor alternatives. These
10 corridor alternatives are made up of the three Hwy 252 corridor
elements combined with the 5 I-94 corridor elements as identified in
Table 7.3 of the SDD. The 10 corridor alternatives are A.5, A.6, B.7,
D.7, G.5, G.6, G.7, J.5, J.6 and J.7.
Other Hwy 252 and I-94 Design Considerations
The following list summarizes Hwy 252/I-94 design considerations to
be studied further in the Draft EIS. These will be integrated into the
Hwy 252/I-94 corridor alternatives.
<bullet> Southbound Hwy 252/I-94 lane configuration moved to the
right side of I-94 using a bridge south of the Hwy 252/I-94/I-694
system interchange.
<bullet> Hwy 252 grade separated overpasses at non-access
locations. This will include dedicated pedestrian/bicycle overpass
bridges for non-motorized uses (e.g., overpass bridge with trails and/
or sidewalks for pedestrians and bicyclists).
<bullet> West River Road reconnection on the east side of Hwy 252
in Brooklyn Park.
<bullet> I-94 Pedestrian and bicycle overpass at 62nd Avenue, 61st
Avenue and 34th Avenue.
Brief Summary of Expected Impacts
The Draft EIS will further refine and evaluate the Alternatives
based on how well they address the transportation problems that led to
the initiation of the Project. The Draft EIS will then evaluate the
potential SEE effects resulting from the implementation of these
refined Alternatives and the No Build Alternative. The following are
anticipated to be the most sensitive environmental, economic, and
social concerns in the Project area and will be evaluated in detail by
MnDOT and FHWA:
<bullet> Environmental Justice: There is the potential for impacts
to environmental justice (EJ) communities (low-income, minority) due to
right-of-way requirements, increases in noise, or other environmental
factors. Based on the demographic data collection conducted during the
scoping phase, there are identifiable EJ populations in the Project
study area for the Project. FHWA and MnDOT will work with the community
to avoid, minimize, and mitigate these impacts.
<bullet> Wetlands and other aquatic resources: MnDOT completed a
Level 2 wetland delineation along Hwy 252 and I-94 in 2018 which
identified 4 wetlands, 12 wet ditches, and 18 other aquatic resources
within highway right of way. The Draft EIS will include additional
wetland information for portions of Project alternatives beyond the
existing highway right of way. Supplemental wetland delineations will
be prepared as necessary. The Mississippi River impact review will also
need coordination with the U.S. Army Corps of Engineers (USACE),
Minnesota Department of Natural Resources, and Board of Soil and Water
Resources and will occur as part of the Draft EIS.
<bullet> Right-of-way acquisitions and relocations: Build
alternatives would require a varying number of property acquisitions
and relocations. MnDOT and FHWA will work with the impacted
stakeholders and designers to minimize the number of impacted parcels.
Access combinations alternatives have the greatest number of impacts to
right of way. MnDOT will work with the cities of Brooklyn Center and
Brooklyn Park to evaluate property impacts versus the benefits received
with each alternative.
<bullet> Air Quality: MnDOT convened an air quality working group
during the EA phase of the Project which includes staff from FHWA,
MnDOT, Hennepin County, Minnesota Pollution Control Agency, and
Minnesota Department of Health. Coordination with the air quality
working group will be reconvened as part of the Draft EIS.
<bullet> Noise: An analysis of potential noise impacts to noise-
sensitive receptors will be conducted. The addition of interchanges and
the anticipated increase in traffic volumes indicate that properties
near the corridor could experience elevated noise levels.
In addition to the known resources above, the Draft EIS will also
identify impacts to the following resources, as identified in SDD
Chapter 9:
<bullet> Accessibility
<bullet> Active Transportation (Walking, Biking, Rolling)
<bullet> Critical Areas (Mississippi River Corridor Critical Area and
Mississippi National River and Recreation Area)
<bullet> Cultural Resources
<bullet> Cumulative Effects
<bullet> Economic and Business Impacts
<bullet> Erosion Control and Slope Stability
<bullet> Excess Material
<bullet> Fish and Wildlife
<bullet> Floodplains
<bullet> Geotechnical and Earthborne Vibrations
<bullet> Greenhouse Gas Analysis disclosure only for preferred
alternative
<bullet> Hazardous Materials, Contaminated Properties
<bullet> Indirect Impacts
<bullet> Irreversible and Irretrievable Commitment of Resources
<bullet> Land use
<bullet> Relationship of Local Short-Term Uses Versus Long-Term
Productivity
<bullet> Social and Neighborhood Impacts
<bullet> Utilities
<bullet> Visual Quality
<bullet> Intermodal Transportation
<bullet> Traffic Safety
<bullet> Traffic Operations
<bullet> Transit
<bullet> Vegetation/Cover Types
<bullet> Threatened and Endangered Species
<bullet> Historic and archaeological sites
<bullet> Section 4(f) properties
<bullet> Hazardous Waste Sites
The level of review of the identified resources for the EIS will be
commensurate with the anticipated effects to each resource from the
proposed Project and will be governed by the statutory or regulatory
requirements protecting those resources.
[[Page 26207]]
The analyses and evaluations conducted for the EIS will identify
the potential for effects; avoidance measures; minimization measures;
whether the anticipated effects would be adverse; and mitigation
measures for adverse effects. Additional information on the expected
impacts is provided in the Project SD/DSDD and SDD available for review
on the Project website as noted in the ADDRESSES section of this
Notice. Comments on the expected impacts to be analyzed in the Draft
EIS are welcomed during the NOI comment period.
Agencies, stakeholders, and the public are invited to comment on
the anticipated impacts. The environmental impact analysis will be
developed once the Alternatives for Study in the Draft EIS and impact
categories are refined based on substantive public comment on this
notice. The identification of impacts may be amended due to the
consideration of public comments. See the SD/SDD and SDD for a more
detailed description of the issues requiring analysis in the EIS. The
studies to identify the impacts, as well as the analyses of impacts
from the retained alternatives, will be presented in the Draft EIS.
Anticipated Permits and Other Authorizations
FHWA, in consultation with MnDOT and Cooperating and Participating
Agencies, will develop a schedule, or Permitting Timetable, for the
Project. The Permitting Timetable will identify actions and associated
milestones for the environmental review process and subsequent agency
authorizations. Resource agencies are currently reviewing the
Permitting Timetable. The Draft EIS will include the Permitting
Timetable. FHWA and MnDOT will coordinate with agencies throughout the
project development process for Hwy 252/I-94 to make updates to the
Permitting Timetable as appropriate. The SDD Chapter 11 provides
additional information regarding the permits anticipated to be needed
for the Project. A Section 404 permit with the USACE for impacts to
wetlands is the one anticipated federal permit.
Per 23 U.S.C. 139(d)(10), the aforementioned permits and
authorizations are typically anticipated to be completed by no later
than 90 days after the issuance of the Record of Decision (ROD).
However, for this Project, in accordance with 23 U.S.C.
139(d)(10)(C)(ii) FHWA has approved MnDOT's request that those permits
and authorizations follow a different timeline because the construction
start date is not expected until 2028 or later.
Scoping and Public Review
The following sections outline agency coordination and public
engagement processes supporting the Project.
Local Agency Coordination
For the Hwy 252/I-94 EIS, MnDOT and FHWA are the joint lead
agencies for the NEPA process and MnDOT is the lead agency for the MEPA
process. MnDOT and FHWA will seek input and collaborate with partner
agencies throughout the EIS process. Local agency coordination includes
involvement with the Technical Advisory Committee (TAC) and Engagement
Committee:
<bullet> The TAC includes staff from Hennepin County, City of
Brooklyn Park, City of Brooklyn Center, City of Minneapolis, MnDOT,
FHWA, Metropolitan Council, Metro Transit, and Project Consultants. The
TAC meets approximately monthly to provide leadership and guidance for
resolution of technical issues, to provide input on public engagement
activities and materials, and to provide recommendations to the Policy
Advisory Committee (PAC).
<bullet> The Engagement Committee is comprised of public engagement
staff from MnDOT and partnering agencies. The Engagement Committee
advises MnDOT and the Project consultants on engagement strategy,
techniques, and key audiences. It reviews engagement materials and
furthers the Project's messages across their platforms. The Engagement
Committee meets approximately monthly and more often when preparing for
and conducting engagement activities.
Cooperating and Participating Agencies
As part of the scoping phase, MnDOT and FHWA identified and invited
agencies who would like to serve as Participating and Cooperating
Agencies for the Project. Cooperating Agencies are those that have
``jurisdiction by law or special expertise''--those that are
anticipated to issue permits or approvals for the Project.
Participating Agencies are all agencies ``with an interest'' in the
Project--these may include Federal, State, or local agencies. MnDOT and
FHWA have prepared an Agency Coordination Plan that will guide FHWA's
and MnDOT's interactions with Cooperating and Participating Agencies
for the Project. The Agency Coordination Plan describes agency roles
and responsibilities, agency expectations, concurrence points, and
Project milestones. The Agency Coordination Plan is a living document
that is anticipated to evolve over the lifetime of the Hwy 252/I-94
environmental review process. Cooperating and Participating Agency
roles are summarized in the SDD.
MnDOT and FHWA followed a merged scoping process to comply with
MEPA and NEPA requirements as outlined in Figure 1.1 in the SD/DSDD.
Ten Cooperating and Participating Agency meetings have been held to
this point during the State and Federal scoping process. The focus of
these meetings was to provide Project updates, review Project
deliverables, and to collect input from agency representatives.
Cooperating and Participating Agency meetings will be on-going through
development of the Draft EIS and Final EIS/ROD.
Policy Advisory Committee
The PAC includes elected and appointed officials from MnDOT, State
of Minnesota, FHWA, Hennepin County, City of Brooklyn Park, City of
Brooklyn Center, City of Minneapolis, and Metropolitan Council. The PAC
meets approximately quarterly, and meetings are open to the public. The
PAC is not a decision-making body. The roles of the PAC include:
<bullet> Guide policy and funding decisions pertaining to the
Project.
<bullet> Review recommendations from the TAC and provide input on
public engagement materials.
<bullet> Provide help in identifying important community issues.
<bullet> Provide help in communicating with neighboring
constituents on Project decision points/major milestones and encourage
public participation.
<bullet> Provide input as requested by MnDOT.
Beyond their role on the PAC, elected leaders from the cities of
Brooklyn Park, Brooklyn Center, and Minneapolis; Hennepin County; and
the State will be included in public engagement communications and
events.
Public Engagement
EA Phase Engagement
Hennepin County, MnDOT, and Project partners completed three rounds
of public engagement in Summer 2018, Winter 2018, and Summer 2019.
These rounds of engagement included community workshops, listening
sessions, pop-up events, and online surveys. The outcome of the EA
phase was a determination by MnDOT and FHWA that the complexity and
magnitude of the proposed action for Hwy 252 and I-94 demonstrated
prudence to transition to an EIS as the appropriate NEPA class of
action.
[[Page 26208]]
Scoping Phase Engagement
MnDOT hosted 3 rounds of public engagement during the state and
federal scoping process from Spring 2021 through Spring 2023. Public
engagement activities included listening sessions, pop-up events,
virtual public meetings and community conversations, and in-person open
house meetings. More than 830 public comments were submitted during the
scoping period.
Comments received reflected preferences for individual
alternatives, identified potential Project impacts and expressed
related concerns, or suggested variations (e.g., to keep or add
additional alternatives). Throughout the scoping process, the Project
team used public comments to help identify, develop, and evaluate
alternatives. The SDD provides additional information on these
engagement activities and outcomes.
Equity and Health Assessment
MnDOT's Sustainability and Public Health Office and MnDOT Metro
District conducted an Equity Health Assessment (EHA) of the Project.
MnDOT initiated the Hwy 252/I-94 EHA in 2021 as enhanced engagement to
pilot a new method for including equity and health information in the
environmental review process. The EHA draws from principles and
practices of Health Impact Assessment and Community Impact Assessment
tools used by public agencies across the country to understand and
address equity and health impacts on transportation projects.
During MEPA scoping, MnDOT facilitated the EHA process to help
organize and bring forward the equity and health priorities of
underserved and overburdened populations. The EHA input provided will
be considered during the NEPA and MEPA processes the same as other
public comment or feedback. Additional details on the outcomes of this
assessment are provided in the Project SDD.
Engagement During the Environmental Process
MnDOT and FHWA have prepared a Public Engagement Plan as well as an
Agency Coordination Plan for the Project which is available on the
Project website at <a href="http://www.dot.state.mn.us/metro/projects/hwy252study/index.html">www.dot.state.mn.us/metro/projects/hwy252study/index.html</a>. The purpose of the Public Engagement Plan is to communicate
the engagement strategy during the four phases of the Project (e.g.,
Purpose and Need Statement, Scoping, Draft EIS, and Final EIS). The
Public Engagement Plan identifies the priorities, goals, strategies,
messages, and action steps for engaging the public in each phase of the
EIS process. The Public Engagement Plan notes the NEPA- and MEPA-
required milestones and integrates them into the overall engagement
strategy. As engagement occurred during scoping, the Project team
responded to the needs and requests of the communities. Any changes in
public engagement strategies were guided by the Public Engagement Plan
and informed by what the Project team was hearing from the public. The
Public Engagement Plan is a living document that is anticipated to
evolve over the lifetime of the environmental review process. The
public engagement vision for the Project is listed below:
MnDOT, FHWA, and their partners will anticipate and respond to
public, stakeholder, and agency engagement needs to facilitate two-way
communications that effectively and efficiently navigates the
environmental review process, building broad Project understanding
along the way.
A Schedule for the Decision-Making Process
Following the issuance of this notice, FHWA and MnDOT will
coordinate with the Participating and Cooperating Agencies to confirm
study methodologies and analyze Project effects for inclusion in the
Draft EIS.
This Project is subject to 23 U.S.C. 139(g)(1)(B)(iii) such that
the schedule is consistent with an agency average of not more than two
years for completion of the environmental review process, as measured
from the date of the publication of the NOI to the ROD. The public
engagement plan, agency coordination plan and schedule, developed with
input from cooperating and participating agencies and the public,
targets 2 years from the NOI to the ROD. In the event it becomes
apparent to FHWA during Project development that the schedule from NOI
to ROD would be more than 2 years, FHWA may seek a modification to
lengthen the schedule in accordance with 23 U.S.C. 139(g)(1)(D).
<bullet> The target date for the Draft EIS is early 2026.
<bullet> A public hearing will be held during the Draft EIS 45-day
public comment period.
<bullet> The target date for the combined Final EIS and ROD is
April 2026.
<bullet> A Section 404 permit decision from the USACE is expected
in 2028, dependent on the timing of final design and construction. See
the SDD for additional schedule details.
Request for Identification of Potential Alternatives, Information, and
Analyses Relevant to the Proposed Action
To confirm that a full range of transportation issues related to
the study will be addressed and potential issues are identified, FHWA
invites comments and suggestions from all interested parties. The
Project team requests comments and suggestions on the potential
alternatives and associated impacts, and the identification of relevant
information, studies, or analyses concerning impacts affecting the
quality of the human environment not previously identified during the
scoping phase. The purpose of this request is to bring additional
relevant comments, information, and analyses to the agency's attention,
to enable the agency to make maximum use of this additional information
in the decision-making process. Comments may be submitted according to
the instructions in the ADDRESSES section of this Notice. Comments must
be received by May 15, 2024.
Authority: 42 U.S.C. 4321 et seq.; 23 U.S.C. 139; 23 CFR part 771.
Susan M. Wimberly,
Deputy Division Administrator, FHWA Minnesota Division, St. Paul,
Minnesota.
[FR Doc. 2024-07709 Filed 4-12-24; 8:45 am]
BILLING CODE 4910-22-P
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