81_FR_65879 81 FR 65694 - Notice To Rescind a Notice of Intent for an Environmental Impact Statement for Proposed Highway and Light Rail Improvements in the Sr 32 Corridor Between Us 50 and Ir 275 in Hamilton and Clermont Counties, Ohio

81 FR 65694 - Notice To Rescind a Notice of Intent for an Environmental Impact Statement for Proposed Highway and Light Rail Improvements in the Sr 32 Corridor Between Us 50 and Ir 275 in Hamilton and Clermont Counties, Ohio

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 81, Issue 185 (September 23, 2016)

Page Range65694-65695
FR Document2016-22910

A Notice of Intent to prepare an Environmental Impact Statement was published in the Federal Register on May 9, 2012. The Ohio Department of Transportation (ODOT) is issuing this notice to advise the public that ODOT will no longer prepare a Tier 2 EIS for proposed improvements to SR 32 from US 50 in Hamilton County east to IR 275 in Clermont County, because of potential significant environmental impacts and public controversy.

Federal Register, Volume 81 Issue 185 (Friday, September 23, 2016) 
[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Notices]
[Pages 65694-65695]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22910]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice To Rescind a Notice of Intent for an Environmental Impact 
Statement for Proposed Highway and Light Rail Improvements in the Sr 32 
Corridor Between Us 50 and Ir 275 in Hamilton and Clermont Counties, 
Ohio

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

ACTION: Notice to rescind a Notice of Intent (NOI) for an Environmental 
Impact Statement (EIS).

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SUMMARY: A Notice of Intent to prepare an Environmental Impact 
Statement was published in the Federal Register on May 9, 2012. The 
Ohio Department of Transportation (ODOT) is issuing this notice to 
advise the public that ODOT will no longer prepare a Tier 2 EIS for 
proposed improvements to SR 32 from US 50 in Hamilton County east to IR 
275 in Clermont County, because of potential significant environmental 
impacts and public controversy.

FOR FURTHER INFORMATION CONTACT: Timothy M. Hill, Administrator, ODOT 
Office of Environmental Services, 1980 West Broad Street, Columbus, 
Ohio 43223 Mail Stop #4170, Telephone: (614) 644-0377, Email: 
[email protected].

SUPPLEMENTARY INFORMATION: On September 30, 2005, a Tier 1 EIS was 
published in the Federal Register (77 FR 27272). This document 
evaluated transportation needs and focused on broad issues such as mode 
choice, general location, preliminary costs, benefits, and impacts 
within a study area known as the Eastern Corridor, extending from 
downtown Cincinnati to western Clermont County. A Tier 1 Record of 
Decision issued on June 2, 2006 identified feasible multi-modal 
components to be advanced by mode and segment into Tier 2 NEPA 
analyses, including a new rail transit corridor composed of four 
implementation segments, improved bus transit, various local network 
improvements, and a new highway capacity corridor composed of five 
implementation segments. In the interim, new information came to light 
regarding the archaeological resources present in connection with the 
Hahn Archaeological District. The discovery of this information 
prompted a re-evaluation of the Tier 1 ROD to determine if the decision 
contained there-in remained valid and if a Supplemental EIS should be 
prepared prior to moving into a Tier 2 EIS. On February 9, 2012 FHWA 
recommended advancing the project into a Tier 2 EIS as the appropriate 
level of study and analysis to determine the significance of impacts to 
archaeological sites.
    Recognizing the complex interests associated with the SR 32 
Relocation Project, ODOT and FHWA in 2013 engaged the U.S. Institute 
for Environmental Conflict Resolution (USIECR) and a facilitation team 
as neutral, outside entities. Their purpose was to review the project 
and carry out a collaborative process to help inform future decisions 
on the feasibility of project development continuing on this project. 
The study identified key stakeholder interests associated with the SR 
32 Relocation Project from their interviews, including the need to: 
Improve transportation safety and efficiency; protect the natural 
environment; facilitate regional economic development; protect quality 
of life issues; be fiscally responsible and allocate limited dollars to 
the most pressing needs; safeguard historic and archeological 
resources; and make decisions in a reasonable timeframe. Their 
situation assessment presented eight options to consider in deciding 
whether and how to move ahead with the SR 32 Project. These ranged from 
not proceeding with the project at this time to proceeding as planned 
to fulfill NEPA, with various options in between that considered 
reframing/rethinking aspects of the project. In conjunction with the 
situation assessment process, FHWA and ODOT coordinated with nine 
federally[hyphen]recognized tribes, state/federal resource/regulatory 
agencies and extensive coordination with the public and area 
stakeholders. Upon deliberation of the options to move forward, ODOT 
concluded that the

[[Page 65695]]

original new alignment Tier 1 corridors for Segment II/III were deemed 
not reasonable due to their potential for significant environmental 
impacts and extensive public controversy.
    ODOT is moving forward with the project development process to 
consider alternatives that have the potential for lower overall 
impacts, focusing on improvements to existing transportation corridors 
rather than new alignments through this environmentally complex area. 
Alignment alternatives on existing SR 32, US 50 and other roadways 
could include: Adding turn lanes, interchange improvements, widening to 
enhance capacity; minor realignments; improving signal timing and/or 
coordination; installing new signal(s); and other improvements. If any 
of these improvements require the preparation of an Environmental 
Impact Statement, future Notices of Intent may be filed.
    The environmental review, consultation, and other actions required 
by applicable Federal environmental laws for this project are being, or 
have been, carried-out by ODOT pursuant to 23 U.S.C. 327 and a 
Memorandum of Understanding dated December 11, 2015, and executed by 
FHWA and ODOT.

(Catalog of Federal Domestic Assistance Program Number 20.205, Highway 
Planning and Construction. The regulations implementing Executive Order 
12372 regarding intergovernmental consultation on Federal programs and 
activities apply to this program.)

    Issued on: September 6, 2016.
Robert L. Griffith,
Acting Division Administrator, Federal Highway Administration, 
Columbus, Ohio.
[FR Doc. 2016-22910 Filed 9-22-16; 8:45 am]
 BILLING CODE 4910-22-P

65694 Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Notices Columbia Township, Bradford County, Messersmith, ABR–201201037.R1, extending from downtown Cincinnati to Pa.; Consumptive Use of Up to 6.0000 Wilmot Township, Bradford County, Pa.; western Clermont County. A Tier 1 mgd; Approval Date: July 21, 2016. Consumptive Use of Up to 7.5000 mgd; Record of Decision issued on June 2, 24. Talisman Energy USA Inc., Pad ID: 05 Approval Date: July 28, 2016. 2006 identified feasible multi-modal 229 Acres, ABR–201108010.R1, 39. Pennsylvania General Energy Co. LLC, Windham Township, Bradford County, Pad ID: COP Tract 356 Pad J, ABR– components to be advanced by mode Pa.; Consumptive Use of Up to 6.0000 201201014.R1, Cummings Township, and segment into Tier 2 NEPA analyses, mgd; Approval Date: July 21, 2016. Lycoming County, Pa.; Consumptive Use including a new rail transit corridor 25. Talisman Energy USA Inc., Pad ID: 05 of Up to 3.0000 mgd; Approval Date: July composed of four implementation 164 Bennett, ABR–201107049.R1, 29, 2016. segments, improved bus transit, various Stevens Township, Bradford County and 40. Chief Oil & Gas LLC, Pad ID: Yonkin B local network improvements, and a new Rush Township, Susquehanna County, Drilling Pad, ABR–201607003, Cherry highway capacity corridor composed of Pa.; Consumptive Use of Up to 6.0000 Township, Sullivan County, Pa.; five implementation segments. In the mgd; Approval Date: July 25, 2016. Consumptive Use of Up to 2.5000 mgd; 26. Talisman Energy USA Inc., Pad ID: 02 interim, new information came to light Approval Date: July 29, 2016. 153 Mountain Run Hunting Club, ABR– regarding the archaeological resources 201107050.R1, Union Township, Tioga Authority: Pub. L. 91–575, 84 Stat. 1509 present in connection with the Hahn County, Pa.; Consumptive Use of Up to et seq., 18 CFR parts 806, 807, and 808. Archaeological District. The discovery 6.0000 mgd; Approval Date: July 25, Dated: September 19, 2016. of this information prompted a re- 2016. Stephanie L. Richardson, evaluation of the Tier 1 ROD to 27. Seneca Resources Corporation, Pad ID: determine if the decision contained DCNR 007 Pad K, ABR–201112018.R1, Secretary to the Commission. [FR Doc. 2016–22879 Filed 9–22–16; 8:45 am] there-in remained valid and if a Delmar Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; BILLING CODE 7040–01–P Supplemental EIS should be prepared Approval Date: July 25, 2016. prior to moving into a Tier 2 EIS. On 28. Chesapeake Appalachia, LLC, Pad ID: February 9, 2012 FHWA recommended Raimo, ABR–201201005.R1, Monroe and advancing the project into a Tier 2 EIS DEPARTMENT OF TRANSPORTATION Overton Townships, Bradford County, as the appropriate level of study and Pa.; Consumptive Use of Up to 7.5000 Federal Highway Administration analysis to determine the significance of mgd; Approval Date: July 26, 2016. impacts to archaeological sites. 29. Chesapeake Appalachia, LLC, Pad ID: Notice To Rescind a Notice of Intent Kathryn, ABR–201201006.R1, Wilmot Recognizing the complex interests Township, Bradford County, Pa.; for an Environmental Impact Statement associated with the SR 32 Relocation Consumptive Use of Up to 7.5000 mgd; for Proposed Highway and Light Rail Project, ODOT and FHWA in 2013 Approval Date: July 26, 2016. Improvements in the Sr 32 Corridor engaged the U.S. Institute for 30. Chesapeake Appalachia, LLC, Pad ID: Between Us 50 and Ir 275 in Hamilton Environmental Conflict Resolution Ridenour, ABR–201201008.R1, Cherry and Clermont Counties, Ohio (USIECR) and a facilitation team as Township, Sullivan County, Pa.; neutral, outside entities. Their purpose Consumptive Use of Up to 7.5000 mgd; AGENCY: Federal Highway was to review the project and carry out Approval Date: July 26, 2016. Administration (FHWA), U.S. DOT. a collaborative process to help inform 31. Talisman Energy USA Inc., Pad ID: 05 ACTION: Notice to rescind a Notice of 008 Michnich, ABR–201108026.R1, Pike future decisions on the feasibility of Intent (NOI) for an Environmental project development continuing on this Township, Bradford County, Pa.; Impact Statement (EIS). Consumptive Use of Up to 6.0000 mgd; project. The study identified key Approval Date: July 27, 2016. SUMMARY: A Notice of Intent to prepare stakeholder interests associated with the 32. Talisman Energy USA Inc., Pad ID: 03 an Environmental Impact Statement was SR 32 Relocation Project from their 074 Haralambous, ABR–201108037.R1, interviews, including the need to: Columbia Township, Bradford County, published in the Federal Register on May 9, 2012. The Ohio Department of Improve transportation safety and Pa.; Consumptive Use of Up to 6.0000 efficiency; protect the natural mgd; Approval Date: July 27, 2016. Transportation (ODOT) is issuing this notice to advise the public that ODOT environment; facilitate regional 33. Talisman Energy USA Inc., Pad ID: 05 104 Rennekamp R, ABR–201108044.R1, will no longer prepare a Tier 2 EIS for economic development; protect quality Pike Township, Bradford County, Pa.; proposed improvements to SR 32 from of life issues; be fiscally responsible and Consumptive Use of Up to 6.0000 mgd; US 50 in Hamilton County east to IR 275 allocate limited dollars to the most Approval Date: July 27, 2016. in Clermont County, because of pressing needs; safeguard historic and 34. Chesapeake Appalachia, LLC, Pad ID: potential significant environmental archeological resources; and make Redbone, ABR–201201004.R1, Wilmot decisions in a reasonable timeframe. Township, Bradford County, Pa.; impacts and public controversy. Their situation assessment presented Consumptive Use of Up to 7.5000 mgd; FOR FURTHER INFORMATION CONTACT: eight options to consider in deciding Approval Date: July 28, 2016. Timothy M. Hill, Administrator, ODOT whether and how to move ahead with 35. Chesapeake Appalachia, LLC, Pad ID: Office of Environmental Services, 1980 Elwell, ABR–201201009.R1, Wilmot the SR 32 Project. These ranged from West Broad Street, Columbus, Ohio not proceeding with the project at this Township, Bradford County, Pa.; 43223 Mail Stop #4170, Telephone: Consumptive Use of Up to 7.5000 mgd; time to proceeding as planned to fulfill (614) 644–0377, Email: Tim.Hill@ NEPA, with various options in between Approval Date: July 28, 2016. 36. Chesapeake Appalachia, LLC, Pad ID: dot.ohio.gov. that considered reframing/rethinking Calmitch, ABR–201201029.R1, Wilmot SUPPLEMENTARY INFORMATION: On aspects of the project. In conjunction Township, Bradford County, Pa.; September 30, 2005, a Tier 1 EIS was with the situation assessment process, sradovich on DSK3GMQ082PROD with NOTICES Consumptive Use of Up to 7.5000 mgd; published in the Federal Register (77 FHWA and ODOT coordinated with Approval Date: July 28, 2016. FR 27272). This document evaluated nine federally-recognized tribes, state/ 37. Chesapeake Appalachia, LLC, Pad ID: Manahan, ABR–201201036.R1, Albany transportation needs and focused on federal resource/regulatory agencies and Township, Bradford County, Pa.; broad issues such as mode choice, extensive coordination with the public Consumptive Use of Up to 7.5000 mgd; general location, preliminary costs, and area stakeholders. Upon Approval Date: July 28, 2016. benefits, and impacts within a study deliberation of the options to move 38. Chesapeake Appalachia, LLC, Pad ID: area known as the Eastern Corridor, forward, ODOT concluded that the VerDate Sep<11>2014 18:22 Sep 22, 2016 Jkt 238001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\23SEN1.SGM 23SEN1

Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Notices 65695 original new alignment Tier 1 corridors actions relate to the proposed Interstate 1. General: National Environmental for Segment II/III were deemed not 495 (Long Island Expressway) Rest Area Policy Act (NEPA) [42 U.S.C. 4321– reasonable due to their potential for Upgrade Project between Exits 51 & 52 4351]; Federal-Aid Highway Act [23 significant environmental impacts and (eastbound) in the Town of Huntington, U.S.C. 109 and 23 U.S.C. 128]. extensive public controversy. Suffolk County, New York (NYSDOT 2. Air: Clean Air Act [42 U.S.C. 7401– ODOT is moving forward with the Project Identification Number: 0229.14). 7671(q)]. project development process to consider Those actions rescind the Record of 3. Land: Section 4(f) of the alternatives that have the potential for Decision (ROD) and the Final Department of Transportation Act of lower overall impacts, focusing on Environmental Impact Statement (FEIS) 1966 [49 U.S.C. 303]; Landscaping and improvements to existing transportation dated May 21, 2007. The ROD was Scenic Enhancement (Wildflowers) [23 corridors rather than new alignments signed by FHWA on August 6, 2007. U.S.C. 319]. through this environmentally complex 4. Wildlife: Endangered Species Act DATES: By this notice, FHWA is advising [16 U.S.C. 1531–1544 and Section area. Alignment alternatives on existing the public of final agency actions SR 32, US 50 and other roadways could 1536]; Marine Mammal Protection Act subject to 23 U.S.C. 139(l)(1). A claim [16 U.S.C. 1361]; Fish and Wildlife include: Adding turn lanes, interchange seeking judicial review of the Federal improvements, widening to enhance Coordination Act [16 U.S.C. 661– agency actions on the highway project 667(d)]; Migratory Bird Treaty Act [16 capacity; minor realignments; will be barred unless the claim is filed improving signal timing and/or U.S.C. 703–712]. on or before 150 days after publication 5. Historic and Cultural Resources: coordination; installing new signal(s); of this notice in the Federal Register. and other improvements. If any of these Section 106 of the National Historic improvements require the preparation of FOR FURTHER INFORMATION CONTACT: Preservation Act of 1966, as amended an Environmental Impact Statement, Peter Osborn, Division Administrator, [16 U.S.C. 470(f) et seq.]; Archeological future Notices of Intent may be filed. Federal Highway Administration, New Resources Protection Act of 1977 [16 The environmental review, York Division, Leo W. O’Brien Federal U.S.C. 470(aa)–470(ll)]; Archeological consultation, and other actions required Building, Suite 719, Clinton Avenue and Historic Preservation Act [16 U.S.C. by applicable Federal environmental and North Pearl Street, Albany, New 469–469(c)]; Native American Grave laws for this project are being, or have York 12207. Telephone (518) 431–4127 Protection and Repatriation Act been, carried-out by ODOT pursuant to Notice is SUPPLEMENTARY INFORMATION: (NAGPRA) [25 U.S.C. 3001–3013]. 23 U.S.C. 327 and a Memorandum of 6. Social and Economic: Civil Rights hereby given that FHWA has taken final Understanding dated December 11, Act of 1964 [42 U.S.C. 2000(d)– agency actions subject to 23 U.S.C. 2015, and executed by FHWA and 2000(d)(1)]; American Indian Religious 139(l)(1) by issuing a Rescission of the ODOT. Freedom Act [42 U.S.C. 1996]; Farmland Record of Decision and a Rescission of (Catalog of Federal Domestic Assistance Protection Policy Act (FPPA) [7 U.S.C. the Final Environmental Impact Program Number 20.205, Highway 4201–4209]. Statement (FEIS) for the proposed 7. Wetlands and Water Resources: Planning and Construction. The Interstate 495 (Long Island Expressway) Clean Water Act (Section 404, Section regulations implementing Executive Rest Area Upgrade Project between Exits 401, Section 319) [33 U.S.C. 1251– Order 12372 regarding 51 & 52 (eastbound) in the Town of 1377]; Land and Water Conservation intergovernmental consultation on Huntington, Suffolk County, New York. Fund (LWCF) [16 U.S.C. 4601–4604]; Federal programs and activities apply to The FHWA, as the lead Federal agency, Safe Drinking Water Act (SDWA) [42 this program.) in cooperation with the New York State U.S.C. 300(f)–300(j)(6)]; Rivers and Issued on: September 6, 2016. Department of Transportation Harbors Act of 1899 [33 U.S.C. 401– Robert L. Griffith, (NYSDOT) signed a ROD on August 6, 406]; Wild and Scenic Rivers Act [16 Acting Division Administrator, Federal 2007, for the proposed Interstate 495 U.S.C. 1271–1287]; Emergency Highway Administration, Columbus, Ohio. (Long Island Expressway) Rest Area Wetlands Resources Act, [16 U.S.C. [FR Doc. 2016–22910 Filed 9–22–16; 8:45 am] Upgrade Project between Exits 51 & 52 3921, 3931]; Wetlands Mitigation [23 (eastbound). The proposed project U.S.C. 103(b)(6)(M) and 133(b)(11)]; BILLING CODE 4910–22–P evaluated alternatives for upgrading the Flood Disaster Protection Act, 42 U.S.C. existing rest area for cars and trucks 4001–4128. DEPARTMENT OF TRANSPORTATION located on I–495/LIE eastbound between 8. Executive Orders: E.O. 11990 Exits 51 and 52. Since the ROD was Protection of Wetlands; E.O. 11988 Federal Highway Administration signed, NYSDOT notified FHWA that Floodplain Management; E.O. 12898, Federal funds will not be utilized Federal Actions to Address Notice of Final Federal Agency Actions during the final design and construction Environmental Justice in Minority on Proposed Interstate 495 (Long of the project. Therefore, FHWA has Populations and Low Income Island Expressway) Rest Area Upgrade determined that the ROD and the Final Populations; E.O. 11593 Protection and Project Between Exits 51 & 52 Environmental Impact Statement dated Enhancement of Cultural Resources; (Eastbound) in the Town of May 21, 2007, will be rescinded since E.O. 13007 Indian Sacred Sites; E.O. Huntington, Suffolk County, New York there will be no Federal action, and the 13287 Preserve America; E.O. 13175 AGENCY: Federal Highway requirements of the National Consultation and Coordination with Administration (FHWA), DOT. Environmental Policy Act pursuant to Indian Tribal Governments; E.O. 11514 42 U.S.C. 4321, et seq. and 23 Code of sradovich on DSK3GMQ082PROD with NOTICES ACTION: Notice of Limitation on Claims Protection and Enhancement of Federal Regulations 771 no longer Environmental Quality; E.O. 13112 for Judicial Review of Actions by apply. Invasive Species. FHWA. This notice applies to all Federal (Catalog of Federal Domestic Assistance SUMMARY: This notice announces actions agency decisions as of the issuance date Program Number 20.205, Highway Planning taken by FHWA and other Federal of this notice and all laws under which and Construction. The regulations agencies that are final within the such actions were taken, including but implementing Executive Order 12372 meaning of 23 U.S.C. 139(l)(1). The not limited to: regarding intergovernmental consultation on VerDate Sep<11>2014 18:22 Sep 22, 2016 Jkt 238001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\23SEN1.SGM 23SEN1


Document Created: 2016-09-23 01:43:31
Document Modified: 2016-09-23 01:43:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice to rescind a Notice of Intent (NOI) for an Environmental Impact Statement (EIS).
ContactTimothy M. Hill, Administrator, ODOT Office of Environmental Services, 1980 West Broad Street, Columbus, Ohio 43223 Mail Stop #4170, Telephone: (614) 644-0377, Email: [email protected]
FR Citation81 FR 65694 
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