[Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Notices]
[Pages 45973-45976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15199]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2023-0022]


Notice of Intent To Prepare an Environmental Impact Statement for 
a Proposed Highway Project; Madison to Wisconsin Dells, Wisconsin

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

ACTION: Notice of intent to prepare an environmental impact statement 
(EIS).

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SUMMARY: FHWA, in coordination with the Wisconsin Department of 
Transportation (WisDOT), is issuing this Notice of Intent (NOI) to 
solicit comment and advise the public, agencies, and stakeholders that 
an environmental impact statement will be prepared to study potential 
improvements to 67 miles of Interstates 39, 90, and 94 (I-39/90/94) in 
Dane, Columbia, Sauk, and Juneau counties, Wisconsin. The study 
corridor begins at United States Highway (US) 12/18 in Madison and 
terminates at US 12/Wisconsin State Highway (WIS) 16 in Wisconsin 
Dells. The study will also evaluate I-39 from its split with I-90/94 
(the I-39 I-90/94 split) to Levee Road near Portage. Persons or 
agencies who may be affected by the study are encouraged to comment on 
the information in this NOI and the NOI Additional Information 
document. All comments received in response to this NOI document will 
be considered, and any information presented herein, including the 
preliminary purpose and need, preliminary alternatives, and potential 
impacts, may be revised in consideration of comments.

DATES: Comments must be received on or before August 17, 2023.

ADDRESSES: This NOI and the NOI Additional Information document are 
available in the docket referenced above at www.regulations.gov and on 
the study website located at https://wisconsindot.gov/Pages/projects/by-region/sw/399094/environ.aspx. The NOI Additional Information 
document also will be mailed upon request. Interested parties are 
invited to submit comments by any of the following methods:
    Website: For access to the documents, go to the Federal eRulemaking 
Portal located at www.regulations.gov or the study website located at 
https://wisconsindot.gov/Pages/projects/by-region/sw/399094/environ.aspx. Follow the online instructions on the Public Involvement 
page for submitting comments.
    Mailing address or for hand delivery or courier: Federal Highway 
Administration Wisconsin Division, 525 Junction Road, Suite 8000, 
Madison, WI 53717.
    Study email address: [email protected].
    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: Bethaney Bacher-Gresock, Environmental Manager, Federal 
Highway Administration--Wisconsin Division, 525 Junction Road, Suite 
8000, Madison, WI 53717; email: [email protected]; 608-
662-2119.
    WisDOT: Dan Schave, PE, Project Supervisor, Wisconsin Department of 
Transportation, 2101 Wright Street, Madison, WI 53704, 
[email protected], 608-246-3251.
    Persons interested in receiving study information can also use the 
study email address referenced above to be added to the study mailing 
list.

SUPPLEMENTARY INFORMATION: FHWA and WisDOT are committed to public 
involvement for this study. FHWA, as the lead Federal agency, and 
WisDOT as joint lead agency/study sponsor, are preparing an EIS to 
evaluate transportation solutions on I-39/90/94 between Madison and 
Wisconsin Dells, in Dane, Columbia, Sauk, and Juneau counties, 
Wisconsin. The EIS will be prepared in accordance with the requirements 
of the National Environmental Policy Act (NEPA) of 1969, as amended (42 
United States Code [U.S.C.] 4321, et seq.), 23 U.S.C. 139, Council on 
Environmental Quality (CEQ) regulations implementing NEPA (40 Code of 
Federal Regulations [CFR] 1500-1508), FHWA regulations implementing 
NEPA (23 CFR 771.101-771.139), and applicable Federal, State, and local 
laws and regulations.
    The NOI Additional Information document includes additional details

[[Page 45974]]

about early coordination activities with study committees, the public, 
agencies, and major stakeholders to introduce the study and seek early 
input on the purpose and need, alternatives, and potential 
environmental issues. All public comments will be considered, and 
changes may be made to the study as a result.
    The purpose of this notice is to bring relevant comments, 
information, and analyses to the attention of FHWA and WisDOT as early 
in the process as possible. FHWA requests comments and suggestions on 
the purpose and need, study alternatives and impacts, and the 
identification of any relevant information, studies or analyses of any 
kind concerning impacts to the quality of the human and natural 
environment. The study purpose and need and/or the study alternatives 
may be revised based on comments received during the comment period on 
this notice.

Preliminary Purpose and Need for the Proposed Action

    The purpose of the I-39/90/94 study is to address existing and 
future traffic demands, safety issues, aging and outdated corridor 
infrastructure, and corridor resiliency. The need for proposed 
improvements sets the stage for developing and evaluating possible 
alternatives. Traffic volumes and congestion are increasing, impacting 
travel reliability. Heavy recreational, commuting and freight traffic 
uniquely affect traffic operations in the study corridor. Recreational 
traffic occurs typically on Fridays and Sundays in the summer. Crashes 
at many locations along the study corridor exceed the statewide average 
crash rate. Congestion and geometric/design deficiencies contribute to 
elevated crash rates. Pavement maintenance projects are anticipated in 
24 of the next 30 years somewhere in the study corridor, which presents 
ongoing travel delay and congestion for daily commercial and 
recreational traffic. There are 113 structures in the I-39/90/94 study 
corridor. 84 structures will be over 50 years old in the year 2030. In 
addition to aging structures, many bridges do not meet current vertical 
and lateral design standards. Flood events in 2008 and 2018 caused 
partial or full interstate closures, impacting corridor resilience. 
Closures disrupt vital connections for commerce and emergency services. 
The closures cause substantial indirection for detoured traffic, 
causing congestion and delays on alternate routes. The study's purpose 
and need statement may be revised based on the consideration of public 
and agency comments.

Preliminary Description of the Proposed Action and Alternatives the 
Environmental Impact Statement Will Consider

    WisDOT and FHWA are developing a range of alternatives for detailed 
study in the Draft EIS. Alternatives development will include 
consideration of agency and public comments received during the NOI 
comment period. In addition to the No Build alternative, potential 
alternatives include Transportation Demand Management/Transportation 
System Management and Operations alternative and Build alternatives. A 
description of alternatives is provided below.
    The No Build alternative assumes no improvements other than those 
implemented for routine maintenance. The No Build alternative assumes 
the I-39/90/94 bridge replacement over the Wisconsin River and the WIS 
60 interchange reconstruction, both in Columbia County, will be 
completed. WisDOT plans to replace the I-39/90/94 bridges over the 
Wisconsin River as a separate project; FHWA and WisDOT completed an 
Environmental Assessment and Finding of No Significant Impact in June 
2021. Construction is expected to start in 2024. The bridge replacement 
has independent utility; the bridges will be reconstructed to 
accommodate future potential improvements to I-39/90/94 evaluated 
during this study, thus not forcing or foreclosing future alternatives.
    WisDOT and FHWA also completed a Categorical Exclusion in September 
2019 for reconstructing the I-39/90/94 interchange with WIS 60. The 
bridges need replacement due to structural deterioration. The 
reconstruction project has independent utility; the interchange will be 
reconstructed to accommodate future potential improvements to I-39/90/
94 evaluated during this study, thus not forcing or foreclosing future 
alternatives. FHWA approved an Interstate Access Justification Report 
for the interchange in June 2020. WisDOT began construction in summer 
2022 to replace the interstate bridges at WIS 60 and reconfigure the 
interchange ramps.
    The Transportation Demand Management/Transportation System 
Management and Operations alternative includes regional strategies to 
manage travel demand and operational efficiency, which will include 
transit investments by others. This alternative would not meet the 
study purpose and need as a standalone alternative, but WisDOT expects 
to include several of these measures in other Build Alternatives.
    The preliminary I-39/90/94 mainline Build Alternatives range from 
Spot Improvements to Freeway Modernization alternatives.
     Off Alignment (East Reliever). As part of a previous 
study, WisDOT evaluated four off alignment alternatives, or east 
reliever route. WisDOT eliminated off alignment alternatives from 
further study based on the alternatives' greater impacts compared to 
freeway modernization alternatives, which address purpose and need.
     Spot Improvements. This alternative would retain the 
existing highway in its existing configuration and would include only 
spot safety and operational improvements with minimal or no right of 
way acquired. This alternative does not meet the study purpose and 
WisDOT will not advance the alternative for continued study.
     Freeway Modernization. WisDOT will continue to evaluate 
three Build modernization alternatives that would reconstruct the 
freeway to modern design standards whenever possible. All the 
modernization alternatives will also consider implementing strategies 
to improve operations, including Collector-Distributor (C-D) lanes, 
managed lanes, and/or auxiliary lanes. In the vicinity of the I-39 I-
90/94 Split, where the interstate mainline has been impacted by prior 
flood events, all modernization alternatives include a combination of 
profile adjustments and waterway crossing design to reduce flood risk.
     Modernization of Existing Travel Lanes. This alternative 
retains the existing interstate freeway lane configuration, but it 
would be reconstructed to modern design standards along the existing 
alignment. Reconstruction would replace pavement, bridges, and 
interchanges, while making the improvements described above.
     Modernization Plus Added General-Purpose Lane. This 
alternative would reconstruct I-39/90/94 with 12-foot shoulders, 
similar to the Freeway Modernization alternative, but provide an 
additional general-purpose lane in each direction along the present 
freeway alignment throughout a majority of the corridor.
     Modernization Hybrid. This alternative would reconstruct 
I-39/90/94 with a combination of maintaining the same number of lanes 
and adding a general purpose lane. The Modernization Hybrid alternative 
also includes managed lanes, C-D lanes and auxiliary lanes to further 
manage traffic. Managed lanes could be used in a variety of situations 
including part-time

[[Page 45975]]

hard shoulder running (time of day, day of week, or time of year), 
high-occupancy vehicle (HOV) lanes, transit only lanes, or Connected 
and Automated Vehicles (CAV). From US 12/18 to the I-39 I-90/94 Split, 
the interstate would feature the same number of general-purpose lanes 
as are currently present and include an 18-foot inside shoulder that 
could be utilized as a managed lane. C-D lanes are proposed between the 
I-94/WIS 30 and US 151 interchanges. Auxiliary lanes are proposed 
between the US 12/18 and I-94/WIS 30 interchanges and between the US 
151 and WIS 19 interchanges. A general-purpose lane would be added to 
I-90/94 from the I-39 I-90/94 Split to the US 12/WIS 16 interchange. I-
39 from the I-39 I-90/94 Split to Levee Road would maintain the same 
number of lanes as the existing condition.
    All modernization alternatives would include alternatives that 
reconstruct 15 interchanges in the study corridor. In response to a 
request from the city of Madison and in alignment with local and 
regional plans, WisDOT will also evaluate potential new interchange 
access at Hoepker Road on I-39/90/94, and at a proposed extension of 
Milwaukee Street on I-94, located east of the interchange with I-39/90. 
These new interchanges may or may not be part of the preferred 
alternative, depending on public and agency input and how well the 
interchange alternatives meet purpose and need. The NOI Additional 
Information document provides more detail on interchange alternatives 
under consideration.
    The alternatives may be revised based on the consideration of 
public and agency comments. The range of reasonable alternatives will 
be finalized after consideration of comments received during the 
comment period on this notice and will be documented in the Draft EIS.

Brief Summary of Expected Impacts

    The EIS will evaluate the potential social, economic, and 
environmental impacts/effects resulting from the implementation of the 
Build and No Build alternatives. FHWA and WisDOT will seek input from 
the public and agencies during the EIS development process regarding 
the effects of the project. WisDOT identified preliminary impacts of 
alternatives, which is provided in the NOI Additional Information 
document. The following key resources and issues have been identified 
for evaluation in the EIS and supporting technical studies:
    Wetlands and Waters of the United States: Build alternatives would 
likely require fill and removal of material from Waters of the United 
States and impacts to wetlands considered to be jurisdictional by the 
U.S. Army Corps of Engineers (USACE) and impacts to wetlands and 
waterways considered to be jurisdictional by the Wisconsin Department 
of Natural Resources (WDNR).
    Floodplains: I-39/90/94 travels through areas where prior flooding 
events along the Wisconsin and Baraboo rivers required closing or 
partially closing the interstate. The Build alternatives may require 
floodplain filling and measures to avoid, minimize and mitigate flood 
risks on the interstate, as well as surrounding properties.
    Section 4(f) and/or Section 6(f) Public Lands: The Build 
alternatives anticipate potential use at the Pine Island Wildlife Area. 
A de minimis use at the Glacial Drumlin Trail is anticipated where it 
crosses under I-39/90/94. No uses are anticipated at the Baraboo River 
Waterfowl Production Area in Columbia County, nor the Cherokee Marsh 
Wildlife Area, McCarthy Park, Token Creek Park, and Northeast Park in 
Dane County.
    Section 4(f) and/or Section 106 Historic Resources: There are 
properties in the study corridor area of potential effect that are 
either listed, eligible or potentially eligible for listing on the 
National Register of Historic Places. Historic or potentially historic 
properties include Rocky Arbor State Park, houses, farmsteads, 
commercial properties, a school and a chapel. FHWA and WisDOT will 
assess effects and determine if there is a potential use of the 
property during the alternatives refinement and Section 106 
consultation processes with the State Historic Preservation Office and 
other consulting parties.
    Threatened and Endangered Species: Federal- and State-listed 
species occur in the study corridor. FHWA and WisDOT will determine 
effects through alternatives refinement, United States Fish and 
Wildlife (USFWS) Section 7 consultation and coordination with the WDNR 
under the WisDOT/WDNR Cooperative Agreement.
    Right of Way Acquisition and Relocations: Build alternatives would 
likely require full and partial acquisitions of residential and non-
residential properties abutting the study corridor.
    Farmland and Agricultural Impacts: Build alternatives would likely 
require partial acquisition from farm properties abutting the study 
corridor and potentially require an Agricultural Impact Statement in 
coordination with State and Federal agencies depending on the magnitude 
of impacts.
    Noise: Noise sensitive receptors, including homes, parks, schools, 
and churches are present throughout the study corridor. FHWA and WisDOT 
will identify impacts during alternatives refinement.
    Environmental Justice: Low-income and minority environmental 
justice populations are present along the study corridor, primarily in 
the Madison metropolitan area and Wisconsin Dells. Preliminary impact 
analyses do not anticipate full acquisitions of either residential or 
non-residential properties where environmental justice populations are 
present. Partial acquisitions may occur. Analysis and public 
involvement will be conducted during the NEPA review to assess whether 
the Build alternatives would result in any disproportionately high and 
adverse effects on low-income and minority communities.
    The EIS will evaluate the expected impacts and benefits to the 
known resources above, as well as the following resources: land use, 
social and community resources, economics, air quality, transportation 
systems, ecosystem resources, stormwater and water quality, hazardous 
waste sites, and visual resources. The EIS will evaluate direct, 
indirect, and cumulative impacts to these resources, as applicable. The 
level of review of the identified resources will be commensurate with 
the anticipated effects to each resource from the proposed project and 
will be governed by the statutory and regulatory requirements 
applicable to those resources. The analyses and evaluations conducted 
for the EIS will identify the potential for effects, whether the 
anticipated effects would be beneficial or adverse, as well as 
avoidance and mitigation measures for unavoidable adverse effects.
    Additional information on the purpose and need statement, 
alternatives, potential project environmental impacts, as well as the 
draft Coordination Plan for Agency and Public Involvement is provided 
within the NOI Additional Information document available for review in 
the docket established for this study and on the study website as noted 
in the ADDRESSES section. The studies to identify the impacts as well 
as the analyses of impacts from the retained alternatives will be 
presented in the Draft EIS. FHWA and WisDOT are inviting public input 
during the NOI comment period. The identification of impacts for 
analysis in the Draft EIS

[[Page 45976]]

may be revised due to the consideration of public comments.

Anticipated Permits and Other Authorizations

    Permits and authorizations anticipated for the project include a 
Section 401 water quality certification and a Section 404 permit under 
the Clean Water Act (33 U.S.C. 1344). FHWA and WisDOT will prepare 
evaluations under Section 4(f) of the USDOT Act of 1966 (23 U.S.C. 138 
and 49 U.S.C. 303) and Section 6(f) of the Land and Water Conservation 
Fund Act of 1965 (54 U.S.C. 200302); will perform consultation under 
Section 106 of the National Historic Preservation Act of 1966 (54 
U.S.C. 300101-307108) concurrently with the NEPA environmental review 
process; and will consult with the USFWS in accordance with Section 7 
of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). FHWA 
and WisDOT will also work with Cooperating and Participating Agencies, 
to determine if additional permits or authorizations are required under 
these or other authorities.

Schedule for the Decision-Making Process

    After this NOI is issued, WisDOT will coordinate with the 
Participating and Cooperating agencies to develop study documentation 
and the Draft EIS. The Draft EIS is anticipated to be issued in Spring 
2024. The combined Final EIS and Record of Decision is anticipated to 
be issued in Fall 2024, within 24 months of the publication of this 
NOI. Per 23 U.S.C. 139(d)(10), permits and authorizations should be 
completed by no later than 90 days after the issuance of the Record of 
Decision. However, for this project WisDOT has requested in accordance 
with 23 U.S.C. 139(d)(10)(C)(ii) that the 404 permit and 401 water 
quality certification follow a different timeline because the 
construction date is not expected until 2026 or later.

Description of Agency and Public Review and Scoping Process

    FHWA and WisDOT held public involvement meetings on September 13 
and 14, 2022, to introduce the corridor study. The agencies also hosted 
an early coordination meeting with potential Cooperating and 
Participating Agencies on September 13, 2022. During both the public 
and agency meetings FHWA and WisDOT provided a study overview, the 
preliminary NEPA milestone schedule, and reviewed the preliminary study 
purpose and need and alternatives anticipated to be evaluated during 
the NEPA process. At the agency coordination meeting, FHWA and WisDOT 
also included a discussion of the anticipated roles and 
responsibilities of Cooperating and Participating Agencies. FHWA and 
WisDOT provided a 30-day comment period for public and agency input on 
preliminary study information provided in those meetings.
    FHWA and WisDOT held a second agency coordination meeting with 
invited Cooperating and Participating Agencies on January 30, 2023, to 
present the range of alternatives and preliminary impacts associated 
with mainline and interchange alternatives. WisDOT forwarded summaries 
of the purpose and need statement and range of alternatives, as well as 
a draft Coordination Plan for Agency and Public Involvement and draft 
Impact Analysis Methodology for a 30-day comment period between April 
26, 2023, and May 26, 2023.
    FHWA and WisDOT held a second round of public involvement meetings 
on April 12 and 13, 2023, to present the range of alternatives and 
preliminary impacts for the interstate mainline and interchanges, as 
well as two new potential interchanges at Hoepker Road on I-39/90/94 
and an extension of Milwaukee Street on I-94, both in the city of 
Madison, Dane County.
    The public and agency scoping process is continuing with the 
publication of this NOI. WisDOT will announce the NOI on the study 
website and provide a link to a narrated presentation explaining the 
scoping process and opportunities to provide comments during the 
scoping process. Comments from the agencies and the public are 
requested within this NOI comment period; the study purpose and need 
and/or the study alternatives may be revised based on comments 
received, as noted below.
    Meetings with Cooperating and Participating Agencies will be held 
throughout the environmental review process. The draft Coordination 
Plan for Agency and Public Involvement included within the NOI 
Additional Information document describes how the public and agencies 
will continue to be engaged during EIS development. The Draft EIS will 
be available for public and agency review and comment prior to the 
Public Hearing.

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

    The NOI Additional Information document includes the preliminary 
purpose and need statement, preliminary range of alternatives and the 
draft Coordination Plan for Agency and Public Involvement, including 
the NEPA milestones and permit schedules. With this notice, FHWA and 
WisDOT request and encourage State, tribal, and local agencies, and the 
public to review the NOI and NOI Additional Information document and 
submit comments on any aspect of the study. Specifically, agencies and 
the public are asked to identify and submit potential alternatives for 
consideration and any information, such as anticipated significant 
issues or environmental impacts and analyses, relevant to the proposed 
study for consideration by the Lead and Cooperating Agencies in 
developing the Draft EIS. Any information presented herein, including 
the purpose and need, alternatives, and anticipated impacts may be 
revised after consideration of the comments. Comments must be received 
August 17, 2023.
    There are several methods to submit comments as described in the 
ADDRESSES section of this notice. Any questions concerning this 
proposed action, including comments relevant to alternatives, 
information, and analyses, should be directed to FHWA or WisDOT at the 
physical addresses, email addresses, or phone numbers provided in the 
FOR FURTHER INFORMATION CONTACT section of this notice.

    Authority: 42 U.S.C. 4321 et seq.; 23 U.S.C. 139; 23 CFR part 
771.

Glenn D. Fulkerson,
Division Administrator, FHWA Wisconsin Division, Madison, Wisconsin.
[FR Doc. 2023-15199 Filed 7-17-23; 8:45 am]
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