[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Notices]
[Pages 8266-8268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02280]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2024-0007]


Notice of Intent To Prepare a Supplemental Environmental Impact 
Statement for a Proposed Highway Project; Parsons, Tucker County, WV to 
Davis, Tucker County, WV

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

ACTION: Notice of intent to prepare a supplemental environmental impact 
statement.

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SUMMARY: The FHWA, in coordination with the West Virginia Division of 
Highways (WVDOH) is issuing this Notice of Intent (NOI) to solicit 
comments and advise the public, agencies, and stakeholders that they 
intend to prepare a Supplemental Environmental Impact Statement (SEIS) 
for the Supplemental Final Environmental Impact Statement (SFEIS) 
(FHWA-WV-EIS-92-01-SD) for the 9-mile Appalachian Highway Corridor H 
Parsons to Davis Project in Tucker County, West Virginia. 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 
Supplementary 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: Comments on this NOI or the NOI Supplementary Documentation must 
be received by March 27, 2024.

ADDRESSES: This NOI and the NOI Supplementary Information document are 
available in the docket referenced above at www.regulations.gov and on 
the project website located at https://transportation.wv.gov/highways/engineering/comment/Pages/default.aspx. The NOI and the NOI 
Supplementary Documentation will also be mailed upon request. All 
interested parties are invited to submit comments by any of the 
following methods:
    <bullet> Online Submission: Submission of comments through the 
Federal eRulemaking Portal located at www.regulations.gov or the 
project website located at https://transportation.wv.gov/highways/engineering/comment/CorridorHParsonsToDavis;
    <bullet> Physical Delivery to the following mailing address: FHWA 
West Virginia Division, 300 Virginia Street East, Suite 7400, 
Charleston, WV 25301; and
    <bullet> Project website https://transportation.wv.gov/highways/engineering/comment/CorridorHParsonsToDavis.
    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. The Draft SEIS will 
include a summary of the comments received.

FOR FURTHER INFORMATION CONTACT: For further information or to request 
addition to the project mailing list, contact Jason Workman, Director 
of Project Development, FHWA WV Division, 300 Virginia Street East, 
Suite 7400, Charleston, WV 25301 or Travis Long, Director, Technical 
Support Division, WV Division of Highways, 1334 Smith Street, 
Charleston, WV 25301.

SUPPLEMENTARY INFORMATION: The FHWA, as the lead Federal Agency, and 
WVDOH as joint lead agency/project sponsor, are preparing a SEIS to 
evaluate environmental impacts of the construction of a new highway on 
new alignment between Parsons, WV and Davis, WV. The SEIS 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.); 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 SEIS will follow the same format as the original EIS 
(i.e., draft, final, record of decision [ROD]). Likewise, the SEIS 
process will continue to follow the integrated NEPA/404 process 
outlined in the 1994 Alignment Selection Draft Environmental Impact 
Statement, 1996 FEIS, and 2007 SFEIS. The 1996 FEIS, 2007 SFEIS, 
Alignment Resource Location Plans, and prior final NEPA documents 
relevant to this project will be available on the project website: 
https://transportation.wv.gov/highways/major-projects/Corridor-H/route/Pages/Parsons-to-Davis.aspx. Completion of the Supplemental Final 
Environmental Impact Statement and Amended ROD is anticipated in 
December of 2024.
    The most recent NEPA document for the Parsons to Davis Project was 
a Supplemental Final Environmental Impact Statement (SFEIS) approved by 
FHWA on February 2, 2007 (FHWA-WV-EIS-92-01-SD). The 2007 SFEIS 
identified a modified Original Preferred Alternative (OPA) termed the 
Revised Original Preferred Alternative (ROPA) as the preferred 
alternative. Following FHWA approval and circulation of the 2007 SFEIS, 
an Amended ROD was not issued, and the proposed project was put on hold 
due to lack of funding.

Project Re-Initiation

    The WVDOH re-initiated the Parsons to Davis Project with two public 
outreach workshops (August 20, 2019, and September 12, 2022) held in 
the project area. The WVDOH also initiated consultation with the United 
States Fish and Wildlife Service (USFWS), United States Forest Service 
(USFS), United States Department of Agriculture Natural Resources and 
Conservation Service (USDA NRCS), United States Army Corps of Engineers 
(USCOE), United States Environmental Protection Agency (USEPA), West 
Virginia Department of Natural Resources (WVDNR), West Virginia State 
Historic Preservation Office (WVSHPO), and

[[Page 8267]]

West Virginia Department of Environmental Protection (WVDEP).

Purpose and Need for the Proposed Action

    The overall purpose and need for Corridor H were established by the 
U.S. Congress and its Appalachian Development Highway System (ADHS) in 
1965. As stated in its 2017 Technical Report (``Economic Analysis of 
Completing the Appalachian Development Highway System''), ``The ADHS 
was authorized by Congress with the purpose of stimulating economic 
development by reducing isolation and improving access for an 
economically depressed region that had been largely left unserved by 
the interstate highway system.'' That purpose was re-examined and 
confirmed in the 1996 approved SFEIS and ROD for the Elkins, WV to the 
WV/Stateline Corridor H Project. The 2007 approved Parsons to Davis 
SFEIS reaffirmed the purpose and need of the overall Corridor H project 
and identified specific purposes and needs specific to the Parsons to 
Davis Project. It stated:
    ``The Parsons to Davis Project is a component of the Appalachian 
Corridor H Project. As a link in that chain, it is expected to 
contribute to addressing needs identified in the 1996 Corridor H 
SFEIS'':
    <bullet> Improve east-west transportation through northeastern West 
Virginia;
    <bullet> Promote economic development in the region; and
    <bullet> Preserve or improve the quality of life in the region.
    In addition to these general needs for Appalachian Highway Corridor 
H, the 2007 SFEIS identified needs specific to the Parsons to Davis 
Project:
    <bullet> Reduce truck traffic through the City of Thomas; and
    <bullet> Improve emergency response times and access to emergency 
facilities.
    This SEIS will also include the following objectives applicable to 
this SEIS that were included in the 2007 SFEIS. Those objectives were:
    <bullet> To develop one or more alternatives that avoid the 
Blackwater Area;
    <bullet> To consider a range of alternative(s), including the OPA, 
the Revised OPA (ROPA), and Blackwater Avoidance Alternatives as 
required by the Settlement Agreement; and
    <bullet> To determine which alternatives will be carried forward 
for detailed analysis (Section II: Alternatives Analysis).
    Finally, this SEIS will:
    <bullet> Evaluate and compare the environmental consequences of 
both alternatives carried forward for detailed analysis;
    <bullet> Assess whether there is a ``feasible'' and ``prudent'' 
alternative in the Parsons to Davis Study Area that does not ``use'' 
any land protected by section 4(f) of the Department of Transportation 
Act of 1966, 49 U.S.C. 303(c) (Section IV: Section 4(f) and 6(f) 
Analyses); and
    <bullet> Identify a Preferred Alternative for the Parsons to Davis 
Project.

Preliminary Description of the Proposed Action and Alternatives

    The Council of Environmental Quality (CEQ) regulations (40 CFR 
1502.9(d)) and (FHWA regulations (23 CFR 771.130(a)) state that 
whenever there are changes, new information, or further developments on 
a project which result in significant environmental impacts not 
identified in the most recently distributed version of the draft or 
final EIS, a SEIS is necessary. Since the approval and circulation of 
the 2007 SFEIS, there have been many changes in the project's study 
area and, in the Federal and State regulatory environment which may 
result in significant environmental impacts not identified in the 2007 
SFEIS; therefore, a new SEIS is required.
    This SEIS will evaluate two alignment alternatives developed within 
each of two 1500-foot-wide study corridors. Study corridor one (the 
ROPA corridor) will include the 2007 SFEIS identified preferred 
alternative. The alternative alignment developed in this corridor will 
be referred to as the Refined ROPA (R-ROPA). Study corridor two (the 
Blackwater Avoidance Corridor) will be developed north of the 
Blackwater Avoidance corridor identified in the 2007 SFEIS. The 
alignment developed within this corridor will be referred to as 
Blackwater Avoidance Alternative 2 (BAA 2).
    Each of these two alignment alternatives will be developed to a 
similar level of design detail to compare impacts with respect to cost, 
excavation quantities, network connectivity, constructability, and 
ability to meet general and project area purpose and need. Comparisons 
will be made on each of the alignment alternatives' potential impacts 
to the natural, cultural, and social environs. The No Action 
Alternative assumes no improvements besides than those planned by 
others or implemented as part of routine maintenance. Following this 
review, a preferred alternative will be selected and identified in the 
SDEIS.
    Additional information on the alternatives, as well as maps and 
figures illustrating the project location, are provided in the NOI 
Supplementary Information document available for review in the docket 
established for this project and on the project website noted in the 
ADDRESSES section. The alternatives may be revised based on the 
consideration of public comments. The range of reasonable alternatives 
will be finalized after consideration of comments received during the 
comment period on this NOI and the NOI Supplementary Documentation and 
will be documented in the Draft EIS (DEIS).

Summary of Expected Impacts

    This SEIS will evaluate the potential social, economic, and 
environmental impacts resulting from the implementation of the R-ROPA, 
BAA 2 and the No Action Alternative Including:
    <bullet> Purpose and Need--Whether the alternative meets the 
project's general purpose and local purpose and needs;
    <bullet> Community Cohesion--Whether the alternative avoids or 
minimizes impacts to the City of Thomas and Town of Davis's 
connectivity;
    <bullet> Wetlands and Waters of the United States (U.S.) and/or 
Waters of the State of WV--Whether any build alternative would require 
fill and/or removal from Waters of the U.S. considered jurisdictional 
by the U.S. Army Corps of Engineers (USCOE) and impacts to waters 
considered to be jurisdictional by the WV Department of Environmental 
Protection;
    <bullet> Section 7 Endangered Species Act--Through consultation 
with the USFWS, determine whether the alternatives would have any 
potential to impact Federally listed species;
    <bullet> USFS Regional Forest Sensitive Species--Through 
coordination with the Monongahela National Forest, determine whether 
and to what extent the alternatives have the potential to impact 
resources identified by the USFS as Regional Forester Sensitive Species 
(RFSS); and
    <bullet> Relocations--The build alternatives may require 
relocations. The WVDOH and FHWA will work with potentially impacted 
stakeholders and designers to reduce the number of relocations with 
each alternative.
    The SEIS will evaluate the expected impacts and benefits to the 
resources identified above as well as the following other resources: 
land use; farmland; social and community resources; environmental 
justice; recreational trails; air quality; transportation; traffic 
noise; hazardous waste sites; and visual resources.
    The level of review of the identified resources for the SEIS will 
be commensurate with the anticipated impacts to each resource from the 
proposed project, will be comparable across alternatives, and will be 
governed

[[Page 8268]]

by the statutory or regulatory requirements protecting those resources. 
The analyses and evaluations conducted for the SEIS will identify the 
potential for impacts, whether the anticipated impacts would be 
significant and/or adverse, and whether there are appropriate 
environmental mitigation measures to be developed and implemented for 
any selected alternative.

Anticipated Permits and Other Authorizations

    On-going consultation with Federal and State resource agencies will 
help identify resources within the project area for each alternative 
and address specific conditions required by those agencies for issuance 
of permits or approvals. Details of permits and approvals required are 
found in Section 5 of the NOI Supplementary Documentation (Permits and 
Other Authorizations Required).

Schedule for the Decision-Making Process

    The project schedule will comply with 40 CFR 1501.10(a) and (b)(2) 
and 23 U.S.C. 139, which requires that environmental reviews and 
authorization decisions for major projects occur within two years (from 
the date of publication of the NOI to the date of issuance of the 
Record of Decision (ROD).
    The anticipated project schedule is outlined below:

<bullet> Notice of Availability of the Draft SEIS (SDEIS): May 2024
<bullet> Public Hearing: June 2024
<bullet> End of SDEIS Comment Period: July 2024
<bullet> Issue SFEIS/ROD: December 2024
<bullet> Issue all Project Permits and Authorization Decisions: March 
2025

Description of the Agency and Public Involvement (Scoping) Process

Public Involvement

    The WVDOH and FHWA began re-initiation, including scoping of the 
Parsons to Davis Project on August 20, 2019, with a public workshop 
held in the vicinity of the Parsons to Davis Project area (i.e., 
Blackwater Falls State Park). During the workshop, WVDOH personnel 
presented a history of the project, maps of the preferred alternative 
(i.e., ROPA) identified in the 2007 SFEIS, communicated to the public 
that it was going to restart the project, and solicited public 
comments. A second public workshop was held at the same venue on 
September 12, 2022, to update the public on project activities since 
the 2019 public workshop and again solicited public comments to assist 
WVDOH in the identification of new issues of concern to address in its 
SEIS study. During the comment periods following these two public 
workshops, WVDOH and FHWA received over 400 separate comments on the 
project and its alternatives. A summary of those comments is included 
in this NOI's Supplementary Documentation at Section 7.2.1.1.
    In addition to these public workshops, WVDOH project personnel have 
held and/or presented project information through formal and informal 
meetings with local elected and appointed public officials including 
Thomas and Davis City Councils; development authorities; and 
commissions. Additional outreach will be held in accordance with the 
Public Involvement and Agency Coordination Processes detailed in the 
NOI Supplementary Documentation (Section 7-Description of Agency and 
Public Scoping Process).

Agency Scoping

    Since the early 1990s, the following agencies have been Cooperating 
Agencies on the entire Elkins, WV to the WV/VA Stateline project which 
includes the Parsons to Davis section: USEPA; USFWS; USFS; USCOE; USDA 
NRCS; US National Park Service (NPS). In addition to Federal Agencies, 
the following State agencies have been, and are, participants in all 
NEPA and NEPA related studies. The State agencies include the WVDEP and 
the WVDNR. Finally, the WVSHPO, Keeper of the National Register of 
Historic Places, and the Advisory Council for Historic Preservation are 
signatories of the Corridor H Section 106 Programmatic Agreement. Since 
the re-initiation of this project in 2019, WVDOH and FHWA have resumed 
coordination and consultation with each of these agencies.
    Public and agency coordination for this project will follow the 
public involvement and resource agency coordination processes outlined 
in 23 U.S.C. 139. The public and agency coordination process that WVDOH 
and FHWA used on prior NEPA documentation development have been 
consistent with FHWA and resource agency regulations and policies 
(e.g., 23 CFR 771.111 and FHWA-HEP-15-047 DOT-VNTSC-FHWA-15-19 
Synchronizing Environmental Reviews for Transportation and Other 
Infrastructure Projects). The SDEIS will be available for public and 
agency review and comment prior to the SDEIS Public Hearing.

Request for Comments Relevant to the Proposed Action

    With this Notice, FHWA and WVDOH request and encourage State, 
Tribal, local agencies, and the public to review the NOI and the NOI 
Supplementary Documentation and submit comments on the proposed action. 
The purpose of this request is to bring relevant comments, information, 
and analyses to the agency's attention, as early in the process as 
possible, and to enable the agency to make maximum use of this 
information in the decision making.
    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities apply 
to this program.

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

Jeffrey S. Blanton,
Division Administrator, Federal Highway Administration.
[FR Doc. 2024-02280 Filed 2-5-24; 8:45 am]
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