Notice of Intent To Prepare an Environmental Impact Statement, 26203-26208 [2024-07709]

Agencies

• Federal Highway Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26203-26208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 www.regulations.gov and on 
the Project website located at www.dot.state.mn.us/metro/projects/hwy252study. 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 www.regulations.gov or the Project website located at 
www.dot.state.mn.us/metro/projects/hwy252study. 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 www.regulations.gov, 
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: [email protected]; 651-291-6117.
    MnDOT: Amber Blanchard, Major Projects Manager, Metro District 
Headquarters, 1500 West County Road B-2, Roseville, MN 55113; email: 
[email protected]; 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:
     Step 1: Identified corridor elements and determined if 
these elements would address the problems that led to the initiation of 
the Project.
     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.
     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:
     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.
     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.
     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.
     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.
     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):
     Element 5--Convert Hwy 252 to 4-lane freeway with 
interchanges with bus-only shoulders.
     Element 6--Convert Hwy 252 to 6-lane freeway with 
interchanges with bus-only shoulders.
     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:
     Element A--No change on I-94
     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.
     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.
     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.
     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.
     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.
     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).
     West River Road reconnection on the east side of Hwy 252 
in Brooklyn Park.
     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:
     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.
     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.
     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.
     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.
     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:

 Accessibility
 Active Transportation (Walking, Biking, Rolling)
 Critical Areas (Mississippi River Corridor Critical Area and 
Mississippi National River and Recreation Area)
 Cultural Resources
 Cumulative Effects
 Economic and Business Impacts
 Erosion Control and Slope Stability
 Excess Material
 Fish and Wildlife
 Floodplains
 Geotechnical and Earthborne Vibrations
 Greenhouse Gas Analysis disclosure only for preferred 
alternative
 Hazardous Materials, Contaminated Properties
 Indirect Impacts
 Irreversible and Irretrievable Commitment of Resources
 Land use
 Relationship of Local Short-Term Uses Versus Long-Term 
Productivity
 Social and Neighborhood Impacts
 Utilities
 Visual Quality
 Intermodal Transportation
 Traffic Safety
 Traffic Operations
 Transit
 Vegetation/Cover Types
 Threatened and Endangered Species
 Historic and archaeological sites
 Section 4(f) properties
 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:
     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).
     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:
     Guide policy and funding decisions pertaining to the 
Project.
     Review recommendations from the TAC and provide input on 
public engagement materials.
     Provide help in identifying important community issues.
     Provide help in communicating with neighboring 
constituents on Project decision points/major milestones and encourage 
public participation.
     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 www.dot.state.mn.us/metro/projects/hwy252study/. 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).
     The target date for the Draft EIS is early 2026.
     A public hearing will be held during the Draft EIS 45-day 
public comment period.
     The target date for the combined Final EIS and ROD is 
April 2026.
     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]
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