Notice of Intent To Prepare an Environmental Impact Statement for a Proposed Highway Project in Clark County, Nevada, 20530-20533 [2024-06146]

Agencies

• Federal Highway Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 89, Number 57 (Friday, March 22, 2024)]
[Notices]
[Pages 20530-20533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06146]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2024-0018]


Notice of Intent To Prepare an Environmental Impact Statement for 
a Proposed Highway Project in Clark County, Nevada

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (USDOT).

ACTION: Notice of Intent to prepare an environmental impact statement.

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SUMMARY: FHWA and Nevada Department of Transportation (NDOT) are 
issuing this Notice of Intent (NOI) to solicit comments and advise the 
public, agencies, and stakeholders that FHWA will prepare an 
Environmental Impact Statement (EIS) for transportation improvements to 
a section of Interstate 11 (I-11)/U.S. Highway 95 (US 95)/U.S. Highway 
93 (US 93) in the City of Las Vegas, Clark County, Nevada. The project 
is referred to as the Downtown Access Project. This NOI contains a 
summary of information as required in the Council on Environmental 
Quality (CEQ) regulations for implementing the National Environmental 
Policy Act (NEPA). This NOI should be reviewed together with the 
Additional Project Information document, which contains additional 
important details about the proposed project. Persons and agencies who 
may be interested in or affected by the proposed project are encouraged 
to comment on the information in this NOI and the Additional Project 
Information document. All comments received in response to this NOI 
will be considered and any information presented herein, including the 
preliminary purpose and need, preliminary alternatives, and identified 
impacts, may be revised in consideration of the comments.

DATES: Comments on the NOI and/or the Additional Project Information 
document must be received on or before April 22, 2024.

ADDRESSES: This NOI and the Additional Project Information document are 
available in Docket No. FHWA-2024-0018, which is available at 
www.regulations.gov and on the project website located at 
www.ndotdap.com under the ``Environmental'' tab. Additional Project 
Information document will also be mailed upon request. All interested 
parties are invited to submit comments on the NOI using any of the 
following methods:
     Website: For access to the documents, go to the Federal 
eRulemaking Portal located at www.regulations.gov or the project 
website located at www.ndotdap.com under the ``Environmental'' tab. 
Follow the online instructions for submitting comments at 
www.regulations.gov.
     Phone: Abdelmoez Abdalla at (775) 687-1231 or Ryan Wheeler 
at (702) 278-3391.
     Mail: FHWA Nevada Division, 705 N Plaza, Suite 220, Carson 
City, NV 89701, Attention: Abdelmoez Abdalla; or Nevada Department of 
Transportation, 123 E Washington Ave., Las Vegas, NV 89101, Attention: 
Ryan Wheeler.
     Email address: [email protected] or 
[email protected].
     Project email address: [email protected].
    All submissions should include the agency name and the docket 
number that appears in this NOI. All comments received will be posted 
without change on https://www.regulations.gov, including any personal 
information provided.
    The Draft EIS will include a summary of the comments received.

FOR FURTHER INFORMATION CONTACT: For further information and/or to be 
placed on the project mailing list, contact Abdelmoez Abdalla, 
Environmental Program Manager, FHWA Nevada Division, 705 N Plaza, Suite 
220, Carson City, NV 89701; (775) 687-1231, [email protected]; 
or Ryan Wheeler, Senior Project Manager, Nevada Department of 
Transportation, 123 E Washington Ave., Las Vegas, NV 89101; (702) 278-
3391, [email protected].
    Persons interested in receiving project information can also use 
the project email address to be added to the project mailing list.

SUPPLEMENTARY INFORMATION: FHWA and NDOT are committed to public 
involvement for this project. All public comments received in response 
to this NOI will be considered and potential revisions will be made to 
the information presented herein as appropriate. FHWA, as the lead 
Federal Agency, and NDOT, as the lead State agency and project sponsor, 
are preparing an EIS to evaluate transportation solutions on I-11/US 
95/US 93 \1\ in the City of Las Vegas, Clark County, Nevada in 
accordance with NEPA, as amended (42 United States Code [U.S.C.] 4321, 
et seq.); 23 U.S.C. 139, CEQ regulations for implementing NEPA (40 Code 
of Regulations [CFR] 1500-1508); FHWA regulations implementing NEPA (23 
CFR 771.101-771.139, 23 CFR part 772, and 23 CFR part 774); and 
applicable Federal, State, and local laws and regulations.
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    \1\ Interstate 11 (I-11) was formerly signed as Interstate 515 
(I-515).
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    The EIS will evaluate the environmental effects of all reasonable 
project alternatives and determine the potential impacts to social, 
economic, natural, and physical environmental resources associated with 
these alternatives. The project team and agencies will work together to 
identify and mitigate any potentially significant impacts through the 
NEPA process. FHWA will consider, screen, and carry forward all 
reasonable alternatives for a detailed analysis in the Draft EIS based 
on their ability to address the project's purpose and need while 
minimizing adverse impacts to the natural and human environment.
    To ensure that a full range of issues are addressed in the EIS and 
potential issues are identified, comments and suggestions are invited 
from all interested parties. FHWA requests comments on the purpose and 
need statement, project alternatives and impacts, and the 
identification of any relevant information, studies, or analyses of any 
kind concerning impacts to the quality of the natural and human 
environment. The purpose of this request is to bring relevant comments, 
information, and analyses to the

[[Page 20531]]

attention of FHWA and NDOT as early in the process as possible, to 
enable the agency to make maximum use of this information in the 
decision-making process.

Purpose and Need for the Proposed Action

    The purpose of the project is to address aging infrastructure, 
safety, and congestion along I-11/US 95/US 93 between Rancho Drive and 
Mojave Road in Las Vegas to increase the efficiency of the movement of 
people, goods, and services on the freeway. Improvements are necessary 
to address the following: (1) aging bridges; (2) closely spaced ramps 
that create short merge and weave distances; and (3) unacceptable 
congestion caused by increased traffic volumes on a freeway structure 
that has never been widened in a city that has grown 1,000 percent 
since I-11/US 95/US 93 was opened to traffic in 1968.
    In addition to the needs, several project goals were identified to 
revitalize and reconnect the community. These are: (1) improve 
neighborhood multimodal mobility; (2) reconnect neighborhoods; (3) 
enhance public health and wellness; (4) improve human and natural 
environment; (5) improve infrastructure resiliency; and (6) support 
economic growth. These reflect topics important to the public, 
stakeholders, and agencies.
    The purpose and need statement, and project goals may be revised 
based on the comments received during the comment period for this NOI.

Preliminary Description of the Proposed Action and Alternatives the EIS 
Will Consider

    Three alternatives were initially developed, evaluated, and then 
presented to the public at a public information meeting in January 
2022: Alternative 1 was a South Alternative that widened and shifted I-
11/US 95/US 93 to the south; Alternative 2 was a North Alternative that 
widened and shifted I-11/US 95/US 93 to the north; and Alternative 3 
was a Recessed Alternative in which I-11/US 95/US 93 was widened and 
shifted north of the existing freeway and placed below ground in an 
open trench for approximately 1 mile. In addition, Alternative 4 is the 
No Build Alternative. These alternatives included HOV lanes as well as 
HOV-only interchanges at Maryland Parkway and City Parkway. Preliminary 
impacts were identified for the alternatives and presented at the 
public meeting in January 2022. In spring 2022, U.S. Environmental 
Protection Agency (EPA) expressed concerns due to the high number of 
residential displacements in an environmental justice community. FHWA 
shared these concerns. EPA and FHWA asked NDOT to revise the 
alternatives to reduce impacts and to solicit more community input to 
better understand what the community would like to see in a 
reconstructed freeway (see further discussion in Description of the 
Public Scoping Process, later in this document). As a result of this 
effort, Alternatives 1, 2, and 3 (South, North, and Recessed 
Alternatives), as initially developed, were dismissed from further 
consideration due to their community impacts (i.e., the large number of 
displacements in the environmental justice community) and NDOT 
developed Alternatives 5, 6, 7, and 8.
    NDOT presented these four alternatives, along with the No Build 
Alternative, at a public meeting in August 2023. Based on feedback from 
the public meeting, input from FHWA, and because of its larger 
footprint and high number of potential displacements, as well as the 
higher cost, Alternative 8 (Recessed with No HOV Interchanges) was 
dismissed from further consideration. Other factors in NDOT's decision 
to dismiss Alternative 8 from further consideration were that it would 
be more complex and riskier to build than Alternatives 5, 6, and 7; it 
would be more expensive to maintain after construction; and Union 
Pacific Railroad's opposition to moving their tracks to a bridge over 
I-11/US 95/US 93 rather than having I-11/US 95/US 93 go over their 
tracks.
    The proposed action would reconstruct I-11/US 95/US 93 through 
downtown Las Vegas, including adding a general-purpose lane and 
continuous high-occupancy-vehicle (HOV) lane in each direction; 
potentially constructing a new HOV interchange; modifying ramps that 
connect I-11/US 95/US 93 to I-15 by adding collector-distributor roads 
and ramp braiding to improve traffic and safety on the freeway; and 
reconstructing existing interchanges along the 4-mile-long stretch of 
freeway.
    FHWA and NDOT propose to evaluate three Build Alternatives and the 
No Build Alternative in the EIS. The three Build Alternatives under 
consideration are Alternative 5: Elevated with HOV Interchange at City 
Parkway, Alternative 6: Elevated with No HOV Interchange, and 
Alternative 7: Elevated with No HOV Interchange plus Revised I-11/US 
95/US 93 Ramp Connections to I-15 North. All three Build Alternatives 
would remove the Las Vegas Viaduct and widen I-11/US 95/US 93 to the 
north. The freeway would still be elevated east of I-15, but on an 
earth berm with bridges over local streets. The No Build Alternative 
(Alternative 4) assumes no improvements other than routine maintenance.
    More information on the alternatives is included in the Additional 
Project Information document available for review in the docket 
established for this project and on the project website as noted in the 
ADDRESSES section. NDOT and FHWA may revise the alternatives based on 
public comments and/or to further reduce the number of displacements 
based on the preliminary engineering and environmental analyses during 
the NEPA review. NDOT and FHWA will finalize the range of reasonable 
alternatives after considering comments received during the comment 
period on this NOI, and the comments will be documented in the Draft 
EIS.

Summary of Expected Impacts

    The EIS will evaluate potential social, economic, and environmental 
impacts of implementing the Build Alternatives and the No Build 
Alternative. Based on a preliminary review of existing conditions 
within and in proximity to the study area, the environmental issues and 
considerations that will require the most attention by NDOT and FHWA to 
minimize project impacts during the environmental review process are as 
follows:
     Displacements. The Downtown Access Project study area is a 
densely developed urban area and, as a result, the project's most 
notable impacts would be property acquisition and displacing residences 
(preliminary estimates range from 46 to 51), businesses (preliminary 
estimates range from 2 to 11), and community/public buildings (6).
     Environmental Justice. Environmental justice populations 
include minority and/or low-income persons as defined in FHWA Order 
6640.23A (2012) and the appendix of the USDOT Order 5610.2C (2021). 
Most, if not all, of the residential areas adjacent to the study area 
are Environmental Justice communities. There is the potential for 
disproportionate adverse impacts to the Environmental Justice 
communities because of potential displacements to residences, 
businesses, and community buildings, as well as noise and visual 
impacts.
     Cultural Resources. There are 28 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. FHWA and NDOT are assessing to determine if there would be an 
effect on the properties. Section 106 consultation with the State 
Historic

[[Page 20532]]

Preservation Office (SHPO) and other consulting parties is underway. 
Under Alternatives 5 and 7 it appears there will be adverse effects to 
three historic buildings, and under Alternative 6 there will be an 
adverse effect to one historic building, pending SHPO concurrence.
     Water Resources. Las Vegas Creek is underground and 
crosses under I-11/US 95/US 93 at Main Street. Las Vegas Creek flows 
only briefly after rainfall and, therefore, may not be subject to 
sections 401 and 404 of the Clean Water Act.
     Section 4(f) Resources. All three Build Alternatives would 
result in a potential use of two recreation resources eligible for 
section 4(f) protection: (1) the Municipal Swimming Pool and (2) the 
Dula Community Center. In addition, Alternative 5 would result in the 
potential use of four historic resources, Alternative 6 would result in 
the use of two historic buildings, and Alternative 7 would result in 
the use of three historic buildings eligible for section 4(f) 
protection. Potential effects on these section 4(f) properties will be 
evaluated, and avoided or minimized as the project is refined during 
the NEPA process and section 4(f) evaluation.
    The EIS will evaluate the expected impacts (including any benefits) 
to the resources identified above, as well as air quality, noise, 
hazardous and regulated materials, biological resources, community 
resources, and visual resources. The extent of NDOT's and FHWA's impact 
analysis will be commensurate with the anticipated impacts and will be 
governed by the statutory or regulatory requirements protecting those 
resources. The analyses and evaluations conducted for the EIS will 
identify the potential impacts and the appropriate environmental 
mitigation measures.
    The Additional Project Information document provides additional 
information about the expected impacts and is available for review in 
the docket established for this project and on the project website as 
noted in the ADDRESSES section. FHWA welcomes comments on the expected 
impacts that it should analyze in the Draft EIS during the NOI comment 
period. NDOT's and FHWA's planned impact analysis may be revised after 
considering public comments.

Anticipated Permits and Other Authorizations

    Potential permits and authorizations for the project are a section 
402 stormwater permit from NDEP's Bureau of Water Pollution Control and 
concurrence from the Nevada SHPO for compliance with section 106 of the 
National Historic Preservation Act.
    Cooperating agencies for this project are U.S. Environmental 
Protection Agency (EPA) and the Army Corps of Engineers. Participating 
agencies are the U.S. Department of Housing and Urban Development, the 
City of Las Vegas, Clark County, and the Southern Nevada Regional 
Housing Authority. NDOT and FHWA will give agencies and tribes another 
opportunity to serve as cooperating or participating agencies after the 
NOI is published.
    FHWA will prepare an evaluation under section 4(f) of the USDOT Act 
of 1966, 49 U.S.C. 303 and 23 CFR part 774, and will undertake 
consultation under section 106 of the National Historic Preservation 
Act of 1966, 54 U.S.C. 300101-307108, concurrently with the NEPA 
environmental review processes. Section 106 tribal consultation will 
occur separately but coordinated within the overall EIS project level 
tribal involvement.

Schedule for the Decision-Making Process

    FHWA and NDOT will establish the project schedule as part of the 
requirements of the environmental review process under 23 U.S.C. 139 
and will comply with 40 CFR 1501.10(a) and (b)(2), which require that 
the Record of Decision be issued within 2 years of the date of 
publication of the NOI and that all permits are issued within 90 days 
of the Record of Decision. A current draft of the Project Coordination 
Plan, the Public Involvement Plan, and the project schedule are 
included in the Additional Project Information document, which is 
available for review in the docket established for this project and on 
the project website as noted in the ADDRESSES section.
    The anticipated project schedule is the following:

 NOI Publication: March 2024
 Agency Scoping: April 2024
 Cooperating and Participating Agency Review and Concurrence on 
Purpose and Need and Alternatives: May 2024
     Cooperating and Participating Agency Review and 
Concurrence on Preferred Alternative: July 2024
     Notice of Availability of the Draft EIS: June 2025
     Public Hearing: July 2025
     Section 106 consultation concludes: October 2025
     Change in Access Control approved: January 2026
     Combined Final EIS/Record of Decision: March 2026
     Notice of Final Federal Action/Statute of Limitations: 
April 2026
     Issue all Project Permits and Authorization Decisions: 
July 2026 (if a Build Alternative is selected)

A Description of the Public Scoping Process

    FHWA and NDOT conducted early coordination starting in May 2020, 
and a pre-NOI scoping meeting was held with cooperating and 
participating agencies in January 2021.
    The first public information meeting was held from August to 
September 2020 (due to the declared Covid-19 pandemic, this meeting was 
virtual). The purpose of this meeting was to introduce the project, 
provide the public an opportunity to comment on the range of issues 
that the study should consider, and provide the public an opportunity 
to ask questions.
    NDOT conducted a street closure outreach campaign in March and 
April 2021. NDOT simulated the proposed street closures for 5 weeks and 
requested feedback from the public about the street closures.
    An Environmental Justice survey was conducted with residents and 
businesses in the study area in May and June 2021 to confirm 
demographics of the neighborhoods and assess how often adjacent 
residents use the freeway.
    In December 2021 and February 2022, NDOT surveyed adjacent 
residents and businesses regarding potential mitigation measures for 
the project.
    A second public information meeting was held in January and 
February 2022 to present proposed alternatives, potential community 
enhancements, and preliminary environmental impacts.
    In Spring 2022, EPA expressed concerns about the high number of 
displacements and potential impacts to low-income and minority 
populations resulting from the preliminary alternatives. FHWA shared 
these concerns. EPA and FHWA asked NDOT to revise the alternatives to 
reduce impacts and to solicit more community input to better understand 
what the community would like to see in a reconstructed freeway. In 
response to this feedback, NDOT embarked on a 6-month effort to further 
engage those most likely to be impacted by the project. During this 
time, the team held monthly meetings with FHWA and EPA to ensure 
agreement on the path forward, share progress, and receive feedback 
during the process.
    The NDOT outreach team first opened a project office at the East 
Las Vegas Community Center, located near I-11/US 95/US 93 and Eastern 
Avenue. The team also held 15 community meetings with nearly 150 
participants between August 2022 and January 2023.

[[Page 20533]]

Participants included residents, businesses, faith leaders, first 
responders, chambers of commerce, downtown stakeholders, and the Las 
Vegas Paiute Tribe. The conversation topics included the purpose and 
need for the project, challenges of living near the freeway, what type 
of freeway the community would like to see, and potential community 
enhancements. The feedback received during these community 
conversations influenced the project's revised purpose and need 
statement and aided in modifying the alternatives.
    NDOT surveyed unhoused people that live near the freeway in January 
2023.
    A third public meeting was held in August 2023 to present revised 
alternatives, potential community enhancements, and preliminary 
environmental impacts.
    The public and agencies will have the opportunity to submit written 
comments during the 30-day scoping comment period beginning on the date 
of this NOI publication to identify the scope of issues and potential 
significant issues related to the proposed action that the Draft EIS 
should address. Monthly meetings with Cooperating Agencies and periodic 
meetings with Participating Agencies will be held throughout the 
environmental review process. The Draft Public Involvement Plan and the 
Draft Project Coordination Plan included with the Additional Project 
Information document describe how the public and agencies will continue 
to be engaged during the EIS process. FHWA and NDOT will conduct 
additional public and agency outreach for the Draft EIS. The Draft EIS 
will be available for public and agency review and comment prior to the 
Draft EIS Public Hearing.

Request for Identification of Potential Alternatives, Information, and 
Analyses Relevant to the Proposed Action

    The Additional Project Information document includes the draft 
statement of purpose and need, a description of the alternatives to be 
considered, the Project Coordination Plan and permitting timetable, the 
Public Involvement Plan, and a NEPA Milestone Schedule. With this NOI, 
FHWA and NDOT request and encourage State, tribal, and local government 
agencies, and the public to review the NOI and Additional Project 
Information document and submit comments about any aspect of the 
project. Specifically, agencies and the public are asked to comment on 
the purpose and need for the project, to identify and submit potential 
alternatives for consideration and information such as anticipated 
significant issues or environmental impacts and analyses relevant to 
the proposed action for consideration by the Lead and Cooperating 
Agencies in developing the Draft EIS. Any information presented herein, 
including the preliminary purpose and need, preliminary range of 
alternatives, and identification of impacts may be revised after the 
comments are considered. Comments must be received by April 22, 2024 
and may be submitted using any of the methods described in the 
ADDRESSES section of this NOI. Any questions concerning this proposed 
action should be directed to FHWA and NDOT at the physical address, 
email address, or phone number provided in the FOR FURTHER INFORMATION 
CONTACT section of this NOI.

(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: 42 U.S.C. 4321, et seq.; 23 CFR part 771.

Khoa Nguyen,
Division Administrator, Carson City, Nevada.
[FR Doc. 2024-06146 Filed 3-21-24; 8:45 am]
BILLING CODE 4910-22-P