[Federal Register Volume 89, Number 84 (Tuesday, April 30, 2024)]
[Notices]
[Pages 34311-34315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09293]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Intent To Prepare an Environmental Impact Statement, 
Orange and Sullivan Counties, NY

AGENCY: Federal Highway Administration (FHWA), U.S. Department of 
Transportation (DOT).

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

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SUMMARY: The FHWA, in coordination with the New York State Department 
of Transportation (NYSDOT), is issuing this Notice of Intent (NOI) to 
solicit comments and advise the public, agencies, and stakeholders that 
an Environmental Impact Statement (EIS) will be prepared for the 
proposed NYS Route 17 Mobility and Access Improvements Project (the 
Project) located on NYS Route 17 between Exit 113, U.S. Route 209 in 
Sullivan County and Interstate 87 (I-87) in Orange County, New York 
(transportation corridor). The purpose of the Project is to address 
operational mobility

[[Page 34312]]

deficiencies that exist on NYS Route 17 between U.S. Route 209 and 
Interstate 87 (transportation corridor). This NOI contains a summary of 
the information required in the Council on Environmental Quality (CEQ) 
regulations. This NOI should be reviewed together with the NOI 
Additional Project Information document, which contains important 
details about the proposed project and compliments the information in 
this NOI. 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 NOI Additional Project Information document. All 
comments received in response to this NOI will be considered and any 
information presented herein may be revised in consideration of the 
comments.

DATES: Publication of this NOI initiates a 30-day public comment 
period. Comments on this NOI and the NOI Additional Project Information 
document are to be received through the methods below by May 30, 2024.

ADDRESSES: This NOI and the NOI Additional Project Information document 
are also available on the project website located at 
www.route17.dot.ny.gov/#/mobility-access. The NOI Additional Project 
Information document will be mailed upon request. Interested parties 
are invited to submit comments by any of the following methods:
     For access to the documents, go to the Project website 
located at www.route17.dot.ny.gov/#/mobility-access. Follow the online 
instructions for submitting comments.
     Mail: Federal Highway Administration, New York Division, 
Attention: NYS Route 17 Mobility & Access Improvements Project (PIN 
8065.12), Leo W. O'Brien Federal Building, 11A Clinton Avenue, Suite 
719, Albany, New York 12207.
     Mail: New York State Department of Transportation, Region 
8, Attention: NYS Route 17 Mobility & Access Improvements Project (PIN 
8065.12), 4 Burnett Boulevard, Poughkeepsie, NY 12603.
     Email: [email protected].
    A summary of the comments received during the 30-day comment period 
will be included in the Draft EIS (DEIS).

FOR FURTHER INFORMATION CONTACT: Richard J. Marquis, Division 
Administrator, Federal Highway Administration, New York Division, Leo 
W. O'Brien Federal Building, 11A Clinton Avenue, Suite 719, Albany, NY 
12207, Telephone: (518) 431-4127, Email: [email protected]; or Mark 
Kruk, Project Manager, New York State Department of Transportation, 
Region 8, 4 Burnett Boulevard, Poughkeepsie, NY 12603, Telephone: (845) 
431-5749, Email: [email protected].
    Interested persons can also be added to the project mailing list by 
sending a request to the NYS Route 17 Mobility and Access Improvements 
Project email address referenced above.

SUPPLEMENTARY INFORMATION: The FHWA and NYSDOT are committed to public 
involvement for this study. The FHWA, as Federal lead agency, and the 
New York State Department of Transportation (NYSDOT), as joint lead 
agency and project sponsor, are preparing an EIS for the NYS Route 17 
Mobility and Access Improvements Project located in Orange and Sullivan 
Counties, New York, in accordance with the requirements of the National 
Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321, et 
seq.), 23 U.S.C. 139, CEQ regulations implementing NEPA (40 CFR 1500-
1508), FHWA regulations implementing NEPA (23 CFR 771.101-771.139) and 
applicable Federal, State, and local governmental laws and regulations. 
The Project is classified as a NEPA Class I action under 23 CFR part 
771 and a State Environmental Quality Review Act (SEQRA) non-Type II 
action under 17 NYCRR part 15. 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. The NOI 
Additional Project Information document provides additional details on 
the Purpose and Need for the proposed action, alternatives considered, 
and expected impacts on the human environment. The FHWA requests 
identification of potential alternatives, information, and analyses 
relevant to the proposed action. The purpose of this request is to 
bring relevant comments, information, and analyses to the FHWA's 
attention, as early in the process as possible, to enable the agency to 
make maximum use of this information in decision making. All public 
comments received in response to this NOI will be considered, and 
changes may be made as appropriate.
    The Project is informed by the findings of the 2021 Route 17 
Transportation Planning and Environment Linkage (PEL) Study; the final 
report is available on the project website. The intent of the PEL Study 
was to assess and document existing conditions, identify transportation 
needs, and update conceptual transportation solutions developed in 
prior studies of the NYS Route 17 corridor that would address existing 
safety and operational deficiencies in the corridor, improve mobility, 
enhance transit infrastructure, and support future demand on the 
existing transportation network, in consideration of public input 
received.

1. Purpose and Need for the Proposed Action

    NYS Route 17 is a major State highway that extends through the 
Southern Tier and Downstate regions of New York. Construction of the 
original NYS Route 17 began in 1949 and was completed in the 1960s. The 
majority of the transportation corridor consists of two travel lanes 
while short sections include a third travel lane or auxiliary lane. The 
typical section generally consists of 12-foot travel lanes with 4-foot 
left shoulders and 10-foot right shoulders. Many of the roadway 
sections in the transportation corridor remain as they were originally 
constructed.
    The purpose of the Project is to address operational mobility 
deficiencies that exist on NYS Route 17 between US Route 209 and 
Interstate 87 (transportation corridor). The objectives of the Project 
are to address the operational and safety deficiencies that result from 
the insufficient acceleration and deceleration lanes at interchange 
ramps and short weaving sections, address geometric design elements to 
achieve interstate designation, and improve congestion-related travel 
times during peak travel periods within the transportation corridor. 
Detailed project need may be reviewed in the NOI Additional Project 
Information document available on the project website as noted in the 
ADDRESSES section. Comments on the Purpose and Need for the Proposed 
Action are welcomed during the 30-day comment period on this NOI. The 
Purpose and Need may be revised based on consideration of public and 
agency comments received during the comment period for this NOI and 
during the Scoping process for the DEIS.

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

    The range of reasonable alternatives for detailed study in the EIS 
is currently being evaluated and will be refined in consideration of 
agency and public comments received during the 30-day comment period on 
this NOI. In addition to the No Action (No Build) Alternative, 
potential project alternatives include construction of

[[Page 34313]]

operational improvements in three locations (Concept 1), construction 
of a peak period shoulder lane (Concept 2), and construction of a 
general use third lane (Concept 3). A preliminary description of these 
potential alternatives is provided below. Additional information on the 
proposed potential alternatives is included in the NOI Additional 
Project Information document available for review on the project 
website, as noted in the ADDRESSES section.
    The No Build Alternative assumes no improvements would be made to 
the transportation corridor other than those already programmed for 
construction, those proposed by others, and routine maintenance.\1\
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    \1\ The NY Route 17 at Exit 122 Project (NYSDOT PIN 8065.10) is 
a separate action that is currently programmed for construction and 
lies within the limits of the NYS Route 17 Mobility and Access 
Improvements Project.
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    Concept 1 proposes the construction of operational improvements, 
such as auxiliary lanes and collector-distributor roads, at three 
locations along NYS Route 17. NYS Route 17 would remain as two mainline 
travel lanes in each direction. Mainline operational improvements would 
be constructed along NYS Route 17 in both directions from Exit 120, NYS 
Route 211 to Exit 122, Crystal Run Road, from Exit 122A, Fletcher 
Street to Exit 124, NYS Route 207, and from Exit 130, NYS Route 208 to 
Exit 130A, U.S. Route 6 at the eastern end of the Project in order to 
adequately address operational and safety needs related to the close 
proximity of the interchanges and the volume of entering and exiting 
traffic at these three locations. Interchange improvements would be 
included to improve the interchanges along the transportation corridor 
to address non-standard and non-conforming features as well as 
operational issues. Multimodal improvements would be assessed and 
considered as part of this concept.
    Concept 2 proposes construction of a peak period shoulder lane in 
both directions of NYS Route 17 from Exit 122, Crystal Run Road, to 
Exit 130, NYS Route 208. Peak period shoulder lanes would provide 
additional mobility during periods of high traffic volume. A full-time 
general use third lane would be added along NYS Route 17 in both 
directions from Exit 120, NYS Route 211 to Exit 122, Crystal Run Road, 
and from Exit 130, NYS Route 208, to I-87 at the eastern end of the 
Project in order to adequately address operational and safety needs 
related to the close proximity of the interchanges and the volume of 
entering and exiting traffic at these two locations. Interchange 
improvements would be included to improve the interchanges along the 
transportation corridor to address non-standard and non-conforming 
features as well as operational issues. Multimodal improvements would 
be assessed and considered as part of this concept.
    Concept 3 proposes construction of a continuous third general use 
travel lane along NYS Route 17 in each direction between Exit 120, NYS 
Route 211 in Wallkill to the eastern limit of the Project at I-87 in 
Woodbury. Interchange improvements would be included to improve the 
interchanges along the transportation corridor to address non-standard 
and non-conforming features as well as operational issues. Multimodal 
improvements would be assessed and considered as part of this concept.
    The range of alternatives includes three Build Alternatives 
described above as the proposed action, and the No Build Alternative. 
The No Build Alternative, which assumes no improvements other than 
those already programmed for construction; those implemented as part of 
routine maintenance and to keep the roadway safe and open to traffic in 
the near term, and those planned by others, will be carried forward for 
study in the DEIS as a baseline for comparison to the Build 
Alternative(s).
    The alternatives may be revised based on the consideration of 
public and agency comments. The range of reasonable alternatives to be 
carried forward and documented in the DEIS will be finalized after 
consideration of comments received during the comment period on this 
NOI and after conclusion of the scoping process. Comments on the range 
of alternatives are welcomed during the 30-day comment period on this 
NOI.

3. Brief Summary of Expected Impacts

    The FHWA and NYSDOT have initiated data collection and agency 
coordination to identify the types of environmental, cultural, and 
socio-economic resources present in the project areas and those likely 
to be impacted. Potential indirect and cumulative effects of the 
Project will be assessed and documented in the EIS. Based on 
preliminary review of existing conditions within and in proximity to 
the transportation corridor, the implementation of the Project could 
result in effects to the following:
     Environmental justice populations: Minority or low-income 
(environmental justice) populations have been identified within the 
vicinity of the Project, specifically within the City of Middletown, 
Town of Palm Tree/Village of Kiryas Joel, Town of Woodbury, Village of 
Woodbury, Town of Wallkill, Village of Bloomingburg, Town of 
Mamakating, and Village of Wurtsboro. An assessment of the potential 
for disproportionately high and adverse effects on environmental 
justice populations will be conducted, as described in section 4 of the 
NOI Additional Project Information document.
     Regional and local economies: Industrial, commercial, 
retail, entertainment, and healthcare uses exist along the 
transportation corridor and serve as employment and commerce centers 
that are important to both the regional and local economies in the 
vicinity of the Project. Some of these developments include LEGOLAND, 
the Galleria at Crystal Run, Garnet Health Medical Center, and Woodbury 
Common Premium Outlets. An assessment of the Project's potential 
effects on regional and local economies will be conducted, as described 
in section 4 of the NOI Additional Project Information document.
     Wetlands and surface waters: State and Federal regulated 
freshwater wetlands and waterways are present in the vicinity of the 
Project, including but not limited to Orange Rockland Lake, Youngs 
Brook, Seely Brook, Black Meadow Creek, Otter Kill, Wallkill River, 
Shawangunk Kill, and Basher Kill. A surface water and wetland 
delineation will be conducted to identify all state-regulated wetlands 
and Waters of the U.S. within and adjacent to the transportation 
corridor. An assessment of the Project's potential effects on wetlands 
and surface waters will be conducted, as described in section 4 of the 
NOI Additional Project Information document.
     Endangered and threatened species: Federally and State-
listed threatened and/or endangered species have the potential to occur 
within the vicinity of the Project. Review of the U.S. Fish and 
Wildlife Service's (USFWS) Information for Planning and Consultation 
(IPaC) system preliminarily identified the following threatened, 
endangered, and/or candidate species as having the potential to occur 
in the vicinity of the Project: Indiana bat; northern long-eared bat; 
tricolored bat; bog turtle; dwarf wedgemussel; monarch butterfly; and 
small whorled pogonia. A review of the NY Natural Heritage Program 
(NYNHP) database identified additional State-listed threatened and/or 
endangered species as having the potential to occur in the vicinity of 
the Project. An assessment of the Project's potential effects on 
threatened and endangered

[[Page 34314]]

species will be conducted, as described in section 4 of the NOI 
Additional Project Information document.
     Historic properties: A preliminary review of the NYS 
Office of Parks, Recreation and Historic Preservation (OPRHP) Cultural 
Resource Information System (CRIS) identified properties within or 
immediately adjacent to the transportation corridor that are listed on 
or eligible for inclusion in the National Register of Historic Places. 
An Area of Potential Effects (APE) will be established for the Project 
and an assessment will be conducted to identify the potential for 
effects on historic properties, as described in section 4 of the NOI 
Additional Project Information document.
     Visual resources: Visually sensitive resources are present 
in the vicinity of the Project, including but not limited to historic 
properties, the Bashakill Wildlife Management Area, and Orange Heritage 
Trail. An assessment of the Project's potential effects on visual 
resources will be conducted, as described in section 4 of the NOI 
Additional Project Information document.
     Air quality: The Project lies within Orange and Sullivan 
counties. Sullivan County is classified as ``attainment'' for all 
current National Ambient Air Quality Standards (NAAQS). Orange County 
is classified as a maintenance area for particulate matter with a 
diameter smaller than or equal to 2.5 microns (PM2.5). 
Orange County is classified as ``attainment'' for all other NAAQS. An 
assessment of the Project's potential effects on air quality will be 
conducted, as described in section 4 of the NOI Additional Project 
Information document.
     Traffic noise: Noise sensitive receptors, as described in 
23 CFR 772, are present within the vicinity of the Project and include, 
but are not limited to residences, schools, medical facilities, daycare 
centers, hotels, restaurants, and trails. An assessment of the 
Project's potential effects on traffic noise will be conducted, as 
described in section 4 of the NOI Additional Project Information 
document.
     Construction effects: Construction of the Project has the 
potential to effect noise, air quality, traffic and transportation, 
local and regional economies, water quality, and other environmental 
resources. Construction effects would be temporary and would cease with 
the completion of construction. An assessment of the Project's 
potential construction-related effects will be conducted, as described 
in section 4 of the NOI Additional Project Information document.
    The analyses and evaluations conducted for the EIS will identify 
the potential for construction-related (short-term) and operational 
(long-term) effects (direct, indirect, and cumulative); whether the 
anticipated effects would be adverse; and mitigation measures for 
adverse effects. Evaluations under section 4(f) of the USDOT Act of 
1966, 23 CFR part 774, and section 6(f) of the Land and Water 
Conservation Fund Act of 1965, 54 U.S.C. 200302, will be prepared, and 
consultation under section 106 of the National Historic Preservation 
Act of 1966, 54 U.S.C. 300101-307108, will be undertaken concurrently 
with the NEPA process. Comments on the potential impacts to be assessed 
in the Draft EIS are welcomed during the 30-day comment period on this 
NOI. The identification of impacts for analysis in the DEIS may be 
revised due to the consideration of public comments.

4. Anticipated Permits and Other Authorizations

    Anticipated Federal and State permits and authorizations for the 
NYS Route 17 Mobility and Access Improvements Project include:
     U.S. Army Corps of Engineers (USACE) permits under section 
404 of the Clean Water Act, 33 U.S.C. 1344, for construction in the 
transportation corridor and potential impacts to Waters of the United 
States;
     U.S. Fish and Wildlife Service (USFWS) consultation under 
section 7 of the Endangered Species Act, 16 U.S.C. 1536, for potential 
impacts to federally-listed threatened and/or endangered species;
     New York State Department of Environmental Conservation 
(NYSDEC) Clean Water Act section 401 WQC for potential impacts to water 
quality resulting from discharge into waters due to construction in the 
transportation corridor; as well as any other relevant New York State 
permits.
    The USACE, USFWS, United States Environmental Protection Agency 
(USEPA), NYSDEC, and New York State Historic Preservation Office (SHPO) 
at New York State Office of Parks, Recreation, and Historic 
Preservation (NYSOPRHP) were invited to participate as Cooperating 
Agencies for the Project.
    Invited Participating Agencies include New York State Department of 
Agriculture and Markets (NYS AGM), New York Metropolitan Transportation 
Council (NYMTC), New York State Thruway Authority (NYSTA), Orange 
County Department of Planning, Sullivan County Division of Planning & 
Community Development, Town of Blooming Grove, Town of Chester, Town of 
Goshen, Town of Mamakating, Town of Monroe, Town of Palm Tree & Village 
of Kiryas Joel, Town of Wallkill, Town of Woodbury, Village of 
Bloomingburg, Village of Chester, Village of Goshen, Village of Monroe, 
Village of South Blooming Grove, Village of Woodbury, City of 
Middletown, Delaware Nation, Delaware Tribe, Saint Regis Mohawk Tribe, 
and Stockbridge-Munsee Community Band of Mohican Indians.
    Coordination with Cooperating and Participating Agencies has begun 
as part of the pre-NOI scoping and will continue throughout the 
environmental review process. The draft Project Purpose and Need and 
draft Permitting Timetable were distributed to the Cooperating Agencies 
on February 16, 2024, for review and concurrence. The Joint Agency 
Coordination Plan and Public Involvement Plan were distributed to the 
Cooperating Agencies for review on March 14, 2024. Refer to the NOI 
Additional Project Information document for additional information on 
coordination with Cooperating and Participating Agencies.

5. Schedule for the Decision-Making Process

    The Project schedule will be established as part of the 
requirements of the environmental review process under 23 U.S.C. 139 
and will comply with 40 CFR 1501.10(b)(2), which requires that 
environmental reviews and authorization decisions for major projects 
occur within 2 years (from the date of publication of the NOI to the 
date of issuance of the Record of Decision [ROD]), and all necessary 
authorizations be issued in 90 days from the ROD, in cooperation with 
the FHWA. A current draft of the Joint Agency Coordination Plan and 
Public Involvement Plan and project schedule are included in the NOI 
Additional Project Information document, which is available for review 
on the project website as noted in the ADDRESSES section.
    The anticipated project schedule is outlined below:

 Public Scoping Meeting (May 2024)
 Project Scoping Report Publication (August 2024)
 Notice of Availability of the Draft EIS (DEIS) (August 2025)
 Public Hearing (September 2025)
 45-day DEIS Comment Period (begins with the Notice of 
Availability of the DEIS) (August-October 2025)
 Submit Final EIS (FEIS) to FHWA (December 2025)
 Publish Single FEIS and ROD (February 2026)

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 Issue all Project Permits and Authorization Decisions (May 
2026)

6. Description of the Public Scoping Process, Including Scoping 
Meetings

    Scoping is an early and open process to determine the scope of 
issues for analysis in an EIS, including identifying the significant 
issues and eliminating from further study non-significant issues. 
During the scoping process, FHWA and NYSDOT will determine the range of 
reasonable alternatives to be studied in the Draft EIS for the Project, 
in consideration of public and agency input received. 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 NOI 
Additional Project Information document during the 30-day comment 
period. A formal public scoping meeting will be held after publication 
of the NOI. Advanced notice of the date, time, and location of the 
public scoping meeting will be provided to the public through the 
Project website and in public notices published in local newspapers, as 
described in Attachment A of the NOI Additional Project Information 
document. The intent of this meeting is to provide information and 
gather input on the Project during this early phase of the decision-
making process. Interested parties will have the opportunity to submit 
formal comments at the meeting.
    As described in the ADDRESSES section, the NOI Additional Project 
Information document is located on the project website. The NOI 
Additional Project Information document includes the complete Draft 
Purpose and Need for the Proposed Action; Extent of Analysis for 
Resources; Identification of Cooperating and Participating Agencies; 
Permitting Timetable; Joint Agency Coordination Plan and Public 
Involvement Plan; Environmental Justice Public Engagement Plan; and 
Project Maps/Figures.

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

    With this Notice, the FHWA and NYSDOT request and encourage State, 
Tribal, and local government agencies, and the public, to review the 
NOI and NOI Additional Project Information document and submit 
comments. Specifically, agencies and the public are asked 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 Purpose and Need, proposed potential 
alternatives and identification of impacts by be revised after 
consideration of the comments. The purpose of this request is to bring 
relevant comments, information, and analyses to the attention of FHWA 
as early in the process as possible to enable FHWA to make maximum use 
of this information in decision making. Comments must be received by 
May 30, 2024. Comments or questions concerning this proposed action, 
including comments relative to potential alternatives, information and 
analyses, should be directed to the FHWA and NYSDOT at the addresses 
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.

Richard J. Marquis,
Division Administrator, Albany, NY.
[FR Doc. 2024-09293 Filed 4-29-24; 8:45 am]
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