Notice of Intent To Prepare an Environmental Impact Statement for a Proposed Highway Project, Bronx County, NY

Richard J. Marquis
Federal Highway Administration
12 July 2021

[Federal Register Volume 86, Number 130 (Monday, July 12, 2021)]
[Notices]
[Pages 36591-36593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14549]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2021-0006]


Notice of Intent To Prepare an Environmental Impact Statement for 
a Proposed Highway Project, Bronx County, NY

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

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

-----------------------------------------------------------------------

SUMMARY: FHWA 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 
replacement or rehabilitation of the Shore Road Bridge over the 
Hutchinson River in Bronx County, New York (the Project). 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 Report, which contains important details about 
the proposed project and supplements 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 Report.

DATES: Comments on the NOI or the NOI Report are to be received by FHWA 
at the address below by August 11, 2021.

ADDRESSES: This NOI and the NOI Report are also available in the docket 
referenced above at http://www.regulations.gov. and on the project 
website located at https://shoreroadbridgebx.com/. The NOI Report will 
be mailed upon request.
    To submit comments on the NOI or the NOI Report, please submit them 
by only one of the following means to ensure you do not duplicate your 
submissions:
     Mail: Federal Highway Administration, New York Division, 
Attention: Shore Road Bridge Project (PIN X773.63), Leo W. O'Brien 
Federal Building, 11A Clinton Avenue, Suite 719, Albany, New York 
12207.
     Mail: New York City Department of Transportation, Division 
of Bridges, Shore Road Bridge Project Team, Attention: Joannene Kidder, 
55 Water Street, 5th Floor, New York, NY 10041.
     Email: ShoreRoadBridgeBX@dot.nyc.gov.
    The comments received during this 30-day comment period will be 
published in the Draft EIS without change, including any personal 
information provided.

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, New 
York 12207, Telephone: (518) 431-4127, Email: Rick.Marquis@dot.gov or 
Naim Rasheed, Assistant Commissioner, New York City Department of 
Transportation, Traffic Engineering & Planning, 55 Water Street, 6th 
floor, New York, NY 10004, Telephone: (212) 839-7710, Email: 
ShoreRoadBridgeBX@dot.nyc.gov.
    Interested persons can also use the Shore Road Bridge email address 
referenced above to request to be added to the project mailing list to 
receive notices of future project information.

SUPPLEMENTARY INFORMATION: FHWA, as Federal lead agency, the New York 
State Department of Transportation (NYSDOT), as joint lead agency, and 
the New York City Department of Transportation (NYCDOT), as project 
sponsor and joint lead agency, are preparing an EIS for the Shore Road 
Bridge over Hutchinson River Project located in the Bronx, New York, in 
accordance with the requirements of the

[[Page 36592]]

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 City Environmental Quality Review (CEQR) Type 1 
action under 6 NYCRR 617 and 43 RCNY Sec.  6. 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 and suggestions on potential project 
alternatives and impacts, and the identification of any relevant 
information, studies, or analyses of any kind concerning impacts 
affecting the quality of the human environment. The purpose of this 
request is to bring relevant comments, information, and analyses to 
FHWA's attention, as early in the process as possible, to enable the 
agency to make maximum use of this information in decision making.
    An NOI was previously published in the Federal Register in 1999 to 
advise the public that an EIS would be prepared for rehabilitation, 
reconstruction, or replacement of the Shore Road Bridge over the 
Hutchinson River in Bronx County, New York. FHWA rescinded the 1999 NOI 
by a Notice published in the Federal Register on May 6, 2021, because a 
substantial amount of time had passed since the original NOI was 
published.
    The Shore Road Bridge, also known as the Pelham Bridge, is an 865-
foot-long bridge with seven spans. The main span over the navigation 
channel is a double-leaf movable bascule span, which is flanked by 
three concrete arch spans on either side. The bridge and its associated 
roadway provide access to major interchanges with the Hutchinson River 
Parkway and Bruckner Expressway west of the bridge and City Island Road 
east of the bridge.

1. Purpose and Need for the Proposed Action

    The purpose of the Project is to address the structural 
deficiencies, geometric deficiencies, and operational reliability for 
multi-modal users, including marine vessels, of the Shore Road Bridge 
over the Hutchinson River. The objectives of the Project are to address 
the identified structural, geometric and operational deficiencies of 
the crossing, address operational constraints associated with the 
passage of marine vessels under the bridge, and improve bicycle/
pedestrian facilities on the Shore Road Bridge. The Project is needed 
to address structural deficiencies; improve vehicular and marine 
traffic operations and the operational reliability of the bridge; 
address geometric deficiencies; and improve pedestrian and bicycle 
accommodations. The complete current draft project purpose and need 
statement may be reviewed in the NOI Report available in the docket 
established for this project and on the project website as noted in the 
ADDRESSES section. Comments on the Purpose and Need for the Proposed 
Action are welcomed during the NOI comment period.

2. Preliminary Description of the Proposed Action and Alternatives

    A reasonable range of alternatives for detailed study in the EIS is 
currently being considered and will be refined in consideration of 
agency and public comments received during the NOI comment period. In 
addition to the No Action Alternative, potential project alternatives 
include bridge replacement and bridge rehabilitation. A preliminary 
description of these potential alternatives is provided below. 
Additional information on the proposed alternatives is included in the 
NOI Report available for review in the docket established for this 
project and on the project website as noted in the ADDRESSES section. 
Comments on the proposed alternatives to be included in the draft EIS 
are welcomed during the NOI comment period.
    The No Action Alternative assumes no improvements other than those 
planned by others or implemented as part of routine maintenance. The 
Bridge Rehabilitation Alternative would require major work to extend 
the useful life of the existing Shore Road Bridge. The operability of 
the bridge would need to be maintained while addressing structural 
deficiencies, geometric deficiencies, and operational reliability of 
the bridge.
    The Bridge Replacement Alternative would replace the existing Shore 
Road Bridge with a new bridge. Various bridge replacement concepts will 
be considered during the scoping process, including both on-line and 
off-line horizontal alignments and several different vertical profile/
clearances (heights) over the navigation channel in the closed or fixed 
positions.
    Additional information on the potential alternatives, as well as 
maps and figures illustrating the project location, are provided in the 
NOI Report available for review in the docket established for this 
project and on the project website as noted in the ADDRESSES section.

3. Summary of Expected Impacts

    The EIS will include an evaluation of the potential social, 
economic, and environmental effects resulting from the implementation 
of the Project. Based on preliminary review of existing conditions 
within and in proximity to the Project location, the implementation of 
the Project could result in effects to cultural and historic resources; 
social conditions; parks and recreational areas; threatened and 
endangered species; tidal wetlands; coastal resources; navigable 
waters; hazardous waste and contaminated materials; floodplains; 
traffic noise; air quality; local and regional economies; and visual 
resources. The analyses and evaluations conducted for the EIS will 
identify the potential for effects; 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/
CEQR environmental review processes. Additional information on the 
expected impacts is provided in the NOI Report available for review in 
the docket established for this project and on the project website as 
noted in the ADDRESSES section. Comments on the expected impacts to be 
analyzed in the draft EIS are welcomed during the NOI comment period.

4. Anticipated Permits and Other Authorizations

    Potential permits and approvals for the Project include: U.S. Army 
Corps of Engineers (USACE) permits under Section 404 of the Clean Water 
Act, 33 U.S.C. 1344, and Section 10 of the Rivers and Harbors Act, 33 
U.S.C. 403, for construction in the Hutchinson River and potential 
tidal wetland impacts; U.S. Coast Guard (USCG) Bridge Permit, which 
establishes allowable clearances for bridges over navigable waterways 
such as the Hutchinson River; National Marine Fisheries Service (NMFS) 
Section 7 Endangered Species Act, 16 U.S.C. 1536, consultation for 
potential impacts on threatened and/or endangered species in the 
Hutchinson River; U.S. Fish and Wildlife Service (USFWS) Section 7 
Endangered Species Act, 16 U.S.C. 1536, consultation for potential 
impacts to federally-listed threatened species; NMFS Essential Fish

[[Page 36593]]

Habitat Consultation for potential impacts to species due to 
construction in the Hutchinson River; as well as any other relevant New 
York State and City permits. Field verification meetings with USACE for 
the wetlands delineation were held on June 12, 2018 and September 10, 
2019. USACE issued a jurisdictional determination (JD) on June 15, 
2020.
    The first Cooperating Agency meeting for the Project was held on 
March 3, 2021. Cooperating Agencies include USACE, NMFS, United States 
Environmental Protection Agency (USEPA), Federal Transit Administration 
(FTA), New York State Department of Environmental Conservation 
(NYSDEC), and New York State Historic Preservation Office (SHPO) at New 
York State Office of Parks, Recreation, and Historic Preservation 
(NYSOPRHP).
    The first Participating Agency meeting for the Project was held on 
March 5, 2021. Participating Agencies include USCG, United States 
Department of Interior (USDOI)/National Park Service (NPS), USFWS, 
Advisory Council on Historic Preservation (ACHP), Metropolitan 
Transportation Authority (MTA), Village of Pelham Manor, New York City 
Department of Parks and Recreation (NYCDPR), New York City Department 
of City Planning (NYCDCP), New York City Landmarks Preservation 
Commission (LPC), New York City Department of Environmental Protection 
(NYCDEP), New York City Mayor's Office of Resiliency (NYCMOR), New York 
City Office of Emergency Management (NYCEM), New York City Mayor's 
Office of Environmental Coordination, New York City Mayor's Office of 
Sustainability (NYCMOS), New York City Department of Sanitation (DSNY), 
Fire Department of the City of New York (FDNY), City of New York Police 
Department (NYPD), New York City Public Design Commission, New York 
Office of General Services (OGS), Delaware Tribe, Shinnecock Indian 
Nation Tribal Office, and Stockbridge-Munsee Community.
    Meetings with Cooperating and Participating Agencies will continue 
to be held throughout the environmental review process. In addition, a 
meeting with USCG was held on April 21, 2021.

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 
infrastructure projects occur within two 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 efficiently 
and in a timely manner, in cooperation with the FHWA. A current draft 
of the coordination plan, public involvement plan, and project schedule 
are included in the NOI Report, 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 outlined below:

 Public Scoping Meetings (August 2021)
 Scoping Report Publication (November 2021)
 Notice of Availability of the Draft EIS (DEIS) (October 2022)
 Public Hearing (October 2022)
 End of DEIS Comment Period (November 2022)
 Publish Single Final EIS (FEIS)/ROD (April 2023)
 Issue all Project Permits and Authorization Decisions (July 
2023)

6. A Description of the Public Scoping Process

    Public and agency outreach will include a formal Public Scoping 
Meeting scheduled on August 3, 2021. A Public Hearing on the DEIS will 
also be scheduled. The first Cooperating Agency meeting for the Project 
was held on March 3, 2021 and the first Participating Agency meeting 
for the Project was held on March 5, 2021. During these meetings, the 
agencies were presented with a general overview of the Project, 
including the project needs, purpose, and objectives and project 
schedule, a discussion of the anticipated roles and responsibilities of 
the agencies, a summary of key environmental topics, and planned public 
outreach activities. Monthly meetings with Cooperating Agencies and 
periodic meetings with Participating Agencies will continue to be held 
throughout the environmental review process. Concurrence Point #1, the 
adoption of the Project Purpose, Objectives, and Need, was distributed 
to the Cooperating Agencies on March 8, 2021. Attachment A to the 
Agency Coordination Plan is the Permitting Timetable and it was 
distributed to the Cooperating Agencies on March 16, 2021 and April 9, 
2021. The Permitting Timetable will be posted by FHWA to the Federal 
Permitting Dashboard within 30 days of the publication of this Notice 
of Intent. The Agency Coordination Plan and Public Involvement Plan 
were distributed to the Cooperating Agencies on April 7, 2021 and will 
be posted on the project website.
    As described in the ADDRESSES section, an NOI Report is located in 
the docket established for this project and on the project website. The 
NOI Report includes the Draft Statement of Purpose, Needs and 
Objectives; Agency Coordination Plan; Public Involvement Plan; 
Schedule/NEPA Process/Project Timeline; and Project Maps/Figures. 
Public notice will be given of the date, time, and location of the 
Public Scoping Meeting consistent with the Public Involvement Plan. To 
assist in determining the scope of issues to be addressed and 
identifying the potential for significant issues related to the 
proposed action, the public will have the opportunity to submit written 
comments at the Public Scoping Meeting and during the 30-day scoping 
comment period beginning on the date of this NOI publication. A DEIS 
will be available for public and agency review and comment prior to the 
DEIS Public Hearing.

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

    With this Notice, FHWA, NYSDOT, and NYCDOT request and encourage 
State, Tribal, and local government agencies, and the public, to review 
the NOI and NOI Report, and submit comments on any aspect of the 
Project. 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 DEIS. Comments must be 
received by August 11, 2021. Comments or questions concerning this 
proposed action, including comments relative to potential alternatives, 
information and analyses, should be directed to the FHWA and NYCDOT 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.

    Issued on: June 30, 2021.
Richard J. Marquis,
Division Administrator, Albany, NY.
[FR Doc. 2021-14549 Filed 7-9-21; 8:45 am]
BILLING CODE 4910-22-P