National Environmental Policy Act and New York State ... · The following agencies/parties were invited to serve as Participating Agencies for this Project: • Metropolitan Transportation

National Environmental Policy Act and New York State Environmental Quality Review Act Joint Record of Decision / Findings Statement

Federal Highway Administration and New York State Department of Transportation

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Project Identification Number (PIN): X735.82

Van Wyck Expressway Capacity and Access Improvements to JFK Airport Project

Queens County, New York

DECISION

This Joint National Environmental Policy Act (NEPA) / State Environmental Quality Review Act (SEQRA) Record of Decision and SEQRA Findings Statement (Joint ROD and Findings Statement) documents the Federal Highway Administration (FHWA) and the New York State Department of Transportation (NYSDOT) findings and decision to proceed with the proposed action as described in the Final Design Report/Final Environmental Impact Statement (FDR/FEIS) (#FHWA-NY-EIS-18-02-F) for the Van Wyck Expressway (VWE) Capacity and Access Improvements to John F. Kennedy (JFK) Airport Project (“the Project”).

This Joint ROD and Findings Statement is prepared in accordance with the National Environmental Policy Act (42 USC § 4321 et seq.), the Council on Environmental Quality (CEQ) regulations for implementing the procedural provisions of NEPA (40 CFR Parts 1500 to 1508), and the FHWA Environmental Impact and Related Procedures; Final Rule (23 CFR Part 771).

This Joint ROD and Findings Statement is also prepared in accordance with the NYSDOT Procedures for Implementation of SEQRA (17 NYCRR Part 15). The NYSDOT has given consideration to the facts and conclusions relied upon in the Federal FEIS and determined that the requirements of Article 8, Section 8-0109 of the New York Environmental Conservation Law (ECL) and implementing regulations have been met.

The FHWA and NYSDOT have selected the Build Alternative for the Project. This alternative is fully described in Chapter 3, Section 3.3.2 (Build Alternative) of the FDR/FEIS.

The single FDR/FEIS and ROD document is available on the Project website at: https://www.dot.ny.gov/vwe.

PROJECT LOCATION

The Project is located in Queens, New York, along a 4.3-mile segment of the VWE, also known as Interstate 678 (I-678), including the northbound and southbound service roads. The northern project limit is Hoover Avenue and the southern project limit is the southern end of Federal Circle at the entrance to JFK Airport. The project limits serve as rational endpoints for the proposed action.

PROJECT PURPOSE AND OBJECTIVES

The purpose of the Project is to provide increased capacity on the VWE between the Kew Gardens Interchange (KGI) and JFK Airport to improve vehicular access to and from JFK Airport. In addition,

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the Project will address operational, geometric, and structural deficiencies on the VWE between the KGI and JFK Airport.

The following objectives have been established to further refine the Project purpose:

• Provide an additional vehicular travel lane on the VWE in each direction between JFK Airport and the KGI.

• Address geometric and operational deficiencies of the VWE exit/entrance ramps within the identified project limits.

• Address structural deficiencies on the bridges on or crossing over the VWE within the project limits.

PROJECT NEEDS

The needs for the Project are as follows:

• Reduce travel time on the VWE between the KGI and JFK Airport;

• Address operations and geometry of ramps; and

• Address structural deficiencies.

PROJECT BACKGROUND

The VWE is the major transportation corridor providing access to and from JFK Airport. Currently, the VWE consists of three unrestricted general-use lanes in each direction. A service road runs parallel to the expressway on each side, connecting to the entrance and exit ramps.

In January 2017, Governor Cuomo presented the Airport Advisory Panel’s A Vision Plan for John F. Kennedy International Airport: Recommendations for a 21st Century Airport for the State of New York (JFK Vision Plan).1 The JFK Vision Plan identified the need to improve and increase transportation access to and from JFK Airport. Regarding roadway improvements, the plan specifically includes the recommendation to expand the VWE from three lanes to four lanes in each direction (utilizing existing right-of-way), with the fourth lane potentially utilized as a managed-use lane dedicated exclusively to airport traffic, such as express bus service and other high-occupancy vehicles.

On June 1, 2017, the FHWA published a Notice of Intent in the Federal Register to prepare an EIS for the Project. The Project Scoping Report was released to the public on April 20, 2018 and is available on the project website at: https://www.dot.ny.gov/vwe/reports-documents.

The Draft Design Report/Draft Environmental Impact Statement (DDR/DEIS) was prepared to document the evaluation of the Build Alternative and describe the studies, reviews, consultations and coordination that were conducted for the Project. The Notice of Availability of the DEIS was published

1 https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/JFKVisionPlan.pdf

https://www.dot.ny.gov/vwe/reports-documents

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in the Federal Register on February 1, 2019 and is available on the project website at: https://www.dot.ny.gov/vwe/reports-documents.

In consideration of comments received on the DDR/DEIS, the NYSDOT, in cooperation with the FHWA, prepared the FDR/FEIS and Joint ROD and Findings Statement for the Project. The FHWA is issuing a single FEIS and ROD document pursuant to 23 CFR 771.124.

The Project connects logical termini and is of sufficient length to address environmental matters on a broad scope; has independent utility; and will not restrict consideration of alternatives for other reasonably foreseeable transportation improvements.

As described in Chapter 5 (Public Involvement) of the FDR/FEIS, the FHWA and NYSDOT have provided meaningful opportunities for public and agency participation and engagement throughout the development of the Project and will continue to provide opportunities for public involvement during construction. The activities and methods for involving the public in the Project were developed in consideration of the local minority and low-income communities (e.g., holding meetings within the local communities near public transportation routes, advertising meetings in locations that are frequented by the local communities).

A public scoping meeting for the Project was held on Wednesday, September 27, 2017. A 30-day scoping comment period followed the public scoping meeting, and extended until November 30, 2017. Comments received during that period were considered and substantive comments responded to in the Scoping Report.

A 60-day public comment period followed the February 1, 2019 release of the DDR/DEIS to the public. The lead agencies extended the original 45-day public comment period to provide additional time for public outreach and public review of the DDR/DEIS. Public hearings for the Project were held on February 27, 2019 and February 28, 2019 and a public information meeting was held on March 25, 2019, all during the DDR/DEIS public comment period. The comments received on the DDR/DEIS, including those provided at the public hearings and public information meeting, are included and substantive comments responded to in Appendix V of the FDR/FEIS.

The NYSDOT also presented the Project at local Community Board Meetings. Following the NYSDOT presentations, comments and questions were received about the Project.

The following agencies were invited to serve as Cooperating Agencies for this Project:

• U.S. Environmental Protection Agency (USEPA) • Federal Aviation Administration (FAA) • New York State Department of Environmental Conservation (NYSDEC) • New York State Office of Parks, Recreation and Historic Preservation – State Historic

Preservation Office (SHPO) • New York State Department of State (NYSDOS)

The FHWA and NYSDOT have been coordinating with the Cooperating Agencies throughout the Project.

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The following agencies/parties were invited to serve as Participating Agencies for this Project:

• Metropolitan Transportation Authority (MTA) – Long Island Rail Road (LIRR) • MTA – New York City Transit (NYCT) • Port Authority of New York and New Jersey (PANYNJ) • New York City Department of Transportation (NYCDOT) • New York City Department of City Planning (NYCDCP) • New York City Department of Environmental Protection (NYCDEP) • New York City Department of Parks and Recreation (NYC Parks) • New York Metropolitan Transportation Council (NYMTC) • New York and Atlantic Railway (NYAR)

Meetings were held with the Participating Agencies throughout the EIS process to discuss Project-related topics as appropriate.

In addition to the Cooperating and Participating Agencies, many other agencies and entities, such as the Federal Railroad Administration and Federal Transit Administration, have been asked to provide technical information and input throughout the development of the Project.

The Project website (https://www.dot.ny.gov/vwe) was established at the initiation of the scoping process to provide information about the Project. The site has also provided a continuous means for the public to submit comments on the Project. The website was updated throughout the EIS process.

ALTERNATIVES CONSIDERED

The alternatives that were considered for the Project consisted of the Build Alternative and the No Build Alternative. Several concepts were considered during the scoping process of the Project and subsequently dismissed from further study. Those concepts are listed in Section 3.1 (Concepts Dismissed from Further Consideration) of the FDR/FEIS; details and the reasons for their dismissal are documented in the Project Scoping Report.

6.1 NO BUILD ALTERNATIVE The No Build Alternative assumes no improvements in the project area other than those that are independent of the Project and/or implemented as part of routine maintenance by the NYSDOT and/or others. Although the No Build Alternative does not meet the Project purpose and objectives, NEPA requires that it be evaluated. The No Build Alternative serves as the baseline condition against which the potential effects of the Build Alternative are evaluated.

6.2 BUILD ALTERNATIVE (SELECTED ALTERNATIVE) In consideration of comments received throughout the development of the Project, including those received on the DDR/DEIS, the FHWA and NYSDOT have selected the Build Alternative for the Project.

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The Build Alternative will add a fourth lane in each direction between Hoover Avenue and Federal Circle. The additional lane in each direction will be a managed-use lane (MUL) with high-occupancy vehicle (HOV) restrictions. Truck use will be prohibited within the proposed MULs. Two management options were considered for the MULs: HOV2+ and HOV3+, as documented in the DDR/DEIS. The HOV2+ option was selected. Thus, privately owned vehicles operating in the MULs must have a driver and at least one passenger. Occupied taxis, occupied for-hire vehicles (FHVs), and buses will also be permitted to use the MULs; taxis and FHVs are defined as “occupied” when there is at least one passenger other than the driver in the vehicle. Other than these defined vehicle types, no other vehicles will be permitted to use the MULs and violators will be subject to enforcement action. The occupancy requirements will be monitored at enforcement areas located between Linden Boulevard and Foch Boulevard for both the northbound and southbound directions, created to observe the occupant count of vehicles traveling in the MULs.

Both MULs will be on the left side of the highway, separated from the existing general-use lanes by a 2-foot-wide striped buffer. Vehicles on the southbound VWE mainline will enter the MUL from the left-most travel lane, south of the 86th Avenue pedestrian bridge, and travel to JFK Airport, with no intermediate entrance or exit points to or from the MUL. Similarly, vehicles in the northbound MUL will travel from JFK Airport to the KGI with no intermediate entrance or exit points to or from the MUL.

The improvements of the mainline traffic conditions in the Build Alternative will shift vehicles that currently use the service roads to bypass the mainline congestion back to the mainline. Currently, hundreds of vehicles per hour use the service roads to bypass congestion. Vehicles use the service roads as either a full-length bypass or to bypass a specific congestion location on the mainline. Both types of maneuvers will be minimized once the Build Alternative is open to traffic.

The Study Area includes 22 existing bridges, four of them carrying the LIRR over the VWE. Of the LIRR bridges, two will be retrofitted, one will be retrofitted or replaced, and one will be replaced. Of the 18 remaining existing bridges, 16 will be replaced and two will be widened under the Build Alternative. One new bridge will be constructed under the Build Alternative in the southern part of the Study Area to carry the southbound VWE MUL over the southbound VWE exit to the Nassau Expressway, increasing the total number of bridges to 23 within the Study Area.

Existing entrance and exit ramps to and from the VWE will be removed or relocated in the northbound and southbound directions. These changes will positively affect the flow of traffic throughout the corridor.

The widening of the mainline and ramp relocations will not result in the permanent acquisition of private property.

Chapter 3, Section 3.2.2 (Build Alternative) of the FDR/FEIS provides a detailed discussion of the Build Alternative.

6.3 ENVIRONMENTALLY PREFERRED ALTERNATIVE The Council on Environmental Quality (CEQ) regulations state that the agency, in issuing its ROD, shall specify the alternative or alternatives that are considered environmentally preferable. The guidance issued by CEQ indicates that the environmentally preferred alternative is the one that meets the project purpose and need and causes the least harm to the natural and physical environment.



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Based on the evaluations and analyses conducted during the EIS process for this Project, the Build Alternative, as described above and in Chapter 3, Section 3.2.2 (Build Alternative) of the FDR/FEIS, is deemed the environmentally preferred alternative.

FACTORS IN THE DECISION-MAKING PROCESS, INCLUDING MEASURES TO MINIMIZE HARM

The FHWA and NYSDOT have selected the Build Alternative based upon a balanced consideration of the need for safe and efficient transportation; of the social, economic, and environmental effects of the proposed transportation improvement; and of national, state, and local environmental protection goals. The environmental effects of the Build Alternative were considered along with social and economic factors and the ability of the Build Alternative to achieve the purpose and objectives of the Project. The Build Alternative will address the following deficiencies as compared to the No Build Alternative:

• Travel time on the VWE between the KGI and JFK Airport – Nearly 170,000 vehicles per day travel on the VWE from the KGI to JFK Airport, which has a six-lane capacity and is congested for extended hours every day. The expected overall airport growth is anticipated to result in additional traffic volumes on the VWE, and thus, worsen the roadway congestion.

In the morning peak period, average travel times between the KGI and JFK Federal Circle (approximately 4.3 miles) are nearly 20 minutes and 9 minutes in the northbound and southbound directions, respectively. In the afternoon peak period, average travel times between the KGI and JFK Federal Circle are nearly 15 minutes and 13 minutes in the northbound and southbound directions, respectively. In comparison, the travel time under free-flow conditions on this segment of the VWE is approximately 5 minutes in each direction.

The Build Alternative will be able to carry as many as 3,515 vehicles per hour (vph), in both directions, more than the No Build Alternative, maximizing the future throughput of traffic. In 2045, in the Build Alternative, no average queues will occur in either direction during the AM and PM peak periods and the Build Alternative will have 0.4 minute of average delay per vehicle or less, compared to the No-Build, where the average delay per vehicle would exceed 42 minutes in both peak hours. The Build Alternative travel times of the general use lanes and MULs will be between 14 and 25 minutes lower than the No Build Alternative travel times. The Build Alternative travel times of the service roads will be between 2 and 6 minutes lower than the No Build Alternative travel times. Chapters 2 and 3 of the FDR/FEIS provide detail regarding the existing travel time deficiencies and the improvements that will be made under the Build Alternative.

• Operations and geometry of interchange ramps – The location and overall geometry of the existing exit and entrance ramps contribute to the existing congestion on the VWE mainline. In addition, the location and close proximity of exit ramps to intersections and the absence of acceleration lanes along the northbound and southbound service roads contribute to crashes along both service roads. In the Build Alternative, existing entrance and exit ramps will be removed or relocated in the northbound and southbound directions. These changes will positively affect the flow of traffic throughout the corridor.



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• Structural deficiencies – Most of the bridges within the project limits are over 60 years old and require repairs, major rehabilitation, or replacement. Under the Build Alternative, of the four LIRR bridges within the Study Area, two will be retrofitted, one will be retrofitted or replaced, and one will be replaced. Of the 18 remaining existing bridges within the Study Area, 16 will be replaced and two will be widened. One new bridge will be constructed under the Build Alternative in the southern part of the Study Area to carry the southbound VWE MUL over the southbound VWE exit to the Nassau Expressway.

The environmental record for the Van Wyck Expressway Capacity and Access Improvements to JFK Airport Project includes the DEIS and the FEIS. These documents, incorporated here by reference, constitute the statements required by NEPA (42 USC 4321 et seq), 23 CFR Part 771, and 17 NYCRR Part 15.

Consistent with NEPA and SEQRA, the FEIS identifies and provides a discussion of:

• The social, economic, and environmental effects of the Project;

• Measures to mitigate the adverse effects of the Project;

• The adverse environmental effects that cannot be avoided;

• A reasonable range of alternatives for the Project; and

• Irreversible and irretrievable effects on the environment that may result from the Project should it be implemented.

As documented in the FDR/FEIS, the FHWA and NYSDOT assessed the potential social, economic, and environmental effects from the construction and operation of the Build Alternative. The FHWA and other federal agencies have promulgated specific methodologies and criteria to assess potential environmental effects under NEPA, which were followed in the completion of the technical analyses in the FDR/FEIS. Where specific criteria are not provided by federal agencies, the FDR/FEIS relied on the NYSDOT Environmental Manual (TEM) procedures and guidance.

The sections below summarize the effects resulting from the Build Alternative. Chapter 4 of the FDR/FEIS provides detailed discussion of the assessment of effects.

Land Use

The Build Alternative will result in no changes to land use within the Study Area. The widening of the mainline and ramp relocations will be constructed within the existing transportation right-of-way, including the VWE and the service roads to the east and west of the VWE, and will not result in private property acquisitions or easements. In some locations, the service roads will be moved closer to existing properties. This will occur between Liberty Avenue and 101st Avenue, Atlantic Avenue and Archer Avenue, and 91st Avenue and 90th Avenue on the northbound service road, and between 91st Avenue and 101st Avenue on the southbound service road. However, this change will not affect or alter the overall land use patterns within the Study Area.



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The Build Alternative will be consistent with local zoning and compatible with comprehensive plans and future development.

Neighborhood and Community Cohesion

The Build Alternative will not divide neighborhoods, isolate communities, or generate new development and has limited potential to affect development trends. By increasing capacity on the mainline, the Build Alternative will improve travel along the service roads. Both the northbound and southbound service roads will be less congested with reduced traffic volumes, fewer trucks, and more uniform speeds. More uniform speeds and better traffic flow will allow more time to facilitate pedestrian crossings. In addition, intersections along the service roads will be upgraded with Americans with Disabilities Act (ADA)-compliant curb ramps and pedestrian signals will be added at crosswalks, thus facilitating the walkability within these communities. These improvements will benefit the individual neighborhoods and communities and help to improve community cohesion.

The Build Alternative will not require the displacement of residences or businesses. The widening of the VWE mainline and ramp relocations will not result in permanent easements or property acquisitions on private property.

Access to public and private properties (residential and commercial businesses) will be maintained during construction. Detours or temporary bridges may be required for bicycle and pedestrian facilities during construction. Access will be restored after construction.

Environmental Justice

Consistent with Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, and FHWA Order 6640.23A, FHWA Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, and using federal guidance documents, the potential for the Build Alternative to result in disproportionately high and adverse effects to environmental justice populations was assessed. Based on this assessment, it was determined that:

• The Build Alternative will result in short-term construction-related effects to environmental justice communities, as discussed in Chapter 4, Section 4.5 (Construction Effects) of the FDR/FEIS. These effects will occur throughout the project corridor and are unavoidable. Typical measures in construction contracts to avoid or minimize temporary effects during construction will be implemented, such as limiting idle time for diesel-powered equipment and providing dust control measures. Through the implementation of mitigation measures during construction, the short-term construction effects are not expected to be adverse.

• Adverse visual effects associated with tree removal and potential noise barriers will occur. The noise barriers would be constructed to abate traffic noise impacts. Mitigation measures, such as minimizing tree removal and providing replacement plantings, will be implemented. For noise barriers greater than 10 feet in height, the use of transparent panels is recommended to mitigate for the use of solid concrete noise barriers. However, even with mitigation, adverse visual effects



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will occur in locations where mature vegetation will be removed and/or potential noise barriers would be constructed. Based on the existing location of the project corridor, purpose of the Project, and the distribution of environmental justice communities throughout much of the Study Area, adverse visual impacts to environmental justice communities will be unavoidable, but will not be disproportionately high as compared to the effects on the overall population of the Study Area. The beneficial and adverse effects of the proposed action will be fairly distributed along the project corridor.

• Without abatement, adverse effects to environmental justice communities related to traffic noise could occur. One noise barrier was determined to be both reasonable and feasible, as defined in NYSDOT Noise Policy, and is recommended for construction. Based on the noise level reductions that would be provided within the affected communities, 11 potential noise barriers will continue to be evaluated during final design. With the construction of the 12 recommended and potential noise barriers, no adverse traffic noise impacts would occur.

Overall, the Build Alternative will not result in disproportionately high and adverse effects on environmental justice communities.

Public outreach for the Project has included public meetings located in environmental justice communities and other efforts. Chapter 5 (Public Involvement) of the FDR/FEIS discusses the public outreach efforts for the Project, including efforts that have been and will continue to be undertaken to ensure meaningful opportunities for participation by environmental justice populations.

Social Groups Benefited or Harmed

Under the Build Alternative, both the northbound and southbound service roads will be less congested with reduced traffic volumes, fewer trucks, and more uniform speeds. More uniform speeds and better traffic flow will allow more time to facilitate pedestrian crossings, creating a safer environment for all pedestrians. Intersections along the service roads will be upgraded with ADA-compliant curb ramps and pedestrian signals will be added at the crosswalks, thus facilitating the walkability within the communities. These improvements will benefit elderly populations, persons with disabilities, and transit-dependent populations.

The retrofit/replacement of the LIRR bridges over the VWE will require a variety of complex track outages of varying durations to allow the required modification/strengthening of the structures while minimizing operational effects to passengers. The NYSDOT will coordinate with the LIRR during final design and construction to limit effects to rail passengers to the extent practical. Work will include long-term track outages during some construction stages and overnight and weekend outages in other stages. Service for all passengers will be maintained throughout the construction period, with some delays. These effects will be temporary and will affect a small percentage of the overall LIRR ridership. Adverse effects to rail passengers are not anticipated. There will be no changes to Jamaica Station or permanent effects to railroad passengers and freight operations following construction.

Public access, commercial access, and access to mass transit will be maintained at all times during construction.



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Schools and Places of Worship

The Build Alternative will not adversely affect schools or places of worship in the Study Area. The Build Alternative will improve pedestrian and bicyclist safety along the VWE service roads, including where schools (Al-Iman, Archbishop Molloy High School, and Our Lady of the Cenacle School) and residences are located. The pedestrian improvements under the Build Alternative will benefit the student populations and the populations attending the various places of worship within the Study Area who utilize the sidewalks and crosswalks.

Accessibility to places of worship along the northbound and southbound service roads, including Mew Life Baptist Church, New Life Church, Leviticus Church of God, South Jamaica Church of Christ, and South Ozone Park Seventh Day Adventist Church, may be temporarily affected during the construction of the Build Alternative. Access to schools and places of worship will be maintained during construction; however, detours or temporary bridges may be required.

Economic Conditions

The Build Alternative will improve both the regional and local economy. Improved travel time on the VWE mainline will enhance business activity in the region. Increased capacity and reduced travel times on the mainline will benefit commercial activity along the VWE corridor and throughout the region. The ramp improvements and the increased capacity on the mainline will alleviate congestion on the mainline and on both service roads, which will improve connectivity on local roads within the Study Area since bypass traffic will be reduced. Improvements to local connectivity will promote commercial activity for businesses along the local roads and economic growth and development in the Study Area.

The widening of the VWE mainline and ramp relocations will not require the acquisition of any residential or business properties. The Build Alternative will result in the elimination of 12 parking spaces total in two areas on the VWE southbound service road.

During construction, local businesses may experience temporary construction-related effects due to road closures from construction and disruptions to normal business activities. Access to businesses will be maintained during construction, and the NYSDOT will coordinate with local businesses during project construction.

Surface Waters and Waterways

Impacts to surface waters, specifically to Bergen Basin, will include a reduction in the volume of untreated stormwater discharged from the Bergen Basin combined sewer overflow (CSO) outfall during precipitation events. Proposed stormwater management practices will provide both water quality treatment and runoff reduction for stormwater volumes prior to discharge into Bergen Basin for a portion of the drainage area. In addition, the Build Alternative will reduce the volume of stormwater entering the NYCDEP combined sewer system (CSS), which ultimately leads to the Jamaica Waste Water Treatment Plant (WWTP). By rerouting a portion of the existing CSS drainage area to the separate storm sewer system, runoff from the rerouted drainage area will be directed to stormwater



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management practices that promote groundwater recharge. The stormwater management practices include a controlled outlet structure that discharges a portion of the runoff volume to the main trunk line. The controlled outlet slows the release of stormwater to moderate the peak discharge rate. This change to the drainage area will ultimately reduce the frequency of CSO events to Bergen Basin. The Build Alternative will not include in-water work.

Temporary construction effects, such as increased turbidity or pollution, will be avoided, minimized, or managed through erosion and sediment control Best Management Practices (BMPs).

As a result of the proposed improvements, the Build Alternative will not adversely impact Bergen Basin. The Build Alternative will result in positive impacts to surface waters.

Floodplains

Construction of the Build Alternative will not result in a change to the Federal Emergency Management Agency (FEMA) 100-year or 500-year floodplains and therefore, will not cause an increase in flood levels in the surrounding areas. The Build Alternative will result in a net increase of 12.17 acres of impervious surface; there will be no increase in impervious surface within the floodplain. The additional runoff will be addressed through the implementation of stormwater management practices, including an additional stormwater trunk line, infiltration basins and green infrastructure practices. The stormwater management practices will not be constructed within the 500-year floodplain, and there will be no increase in stormwater runoff volume within the floodplain.

In accordance with Executive Order 11988 and the provisions of 6 NYCRR 502, Floodplain Management for State Projects, the Project has been considered and evaluated regarding the practicality of alternatives to any floodplain encroachments. As a result of this evaluation, it is concluded that (1) a significant encroachment does not exist; (2) there is no significant potential for interruption or termination of a transportation facility which is needed for emergency vehicles; and (3) there are no significant impacts on natural beneficial floodplain values.

Coastal Resources

The Study Area is located within the Coastal Area boundary and the NYSDOS-approved NYC Waterfront Revitalization Program (WRP) boundary. The southern portion of the Study Area, south of the Belt Parkway, is located within the Coastal Area. The Study Area is not located within a coastal barrier resource or a coastal erosion hazard area.

A coastal consistency review was conducted, which included the assessment of effects of the Project and consistency with the 44 policies of the New York State Coastal Management Program (NYS CMP) and the 10 policies of the NYC WRP. The Project was found to be consistent with the majority of the policies of the NYS CMP and NYC WRP, such as the general policy (protection of valuable coastal resources), water and air resources policies, and fish and wildlife policies. Several of the NYS CMP and NYC WRP policies were found to be “not applicable” to the Project, such as the development policies, agricultural lands policies, and energy and ice management policies. Moreover, the Project



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was found to promote NYS CMP and NYC WRP policies pertaining to protection and improvement of water quality in the New York City coastal area policies.

A Federal Aid Notification letter, dated April 24, 2018, and a State Coastal Assessment Form were submitted to the NYSDOS. In a letter dated May 11, 2018, the NYSDOS stated that it has no objection to the use of FHWA funds for this activity. The New York State Coastal Assessment Form indicates that the Project will be consistent with coastal zone policies.

The NYCDCP Waterfront Open Space Division, on behalf of the New York City Coastal Commission, completed their NYC WRP consistency review on May 9, 2018 (WRP # 18-061) and provided their findings to the NYSDOS, which stated that the Project will not substantially hinder the achievement of any NYC WRP policy, and that the Project is consistent with the WRP policies and the local program.

The Build Alternative will not result in adverse effects to coastal resources.

Groundwater

The Project is located within the Kings/Queens Counties (Brooklyn-Queens) Aquifer System, which is a federally designated sole source aquifer, and is within the New York State jurisdictional Long Island principal aquifer. The Project is not located within one of the nine New York State special groundwater protection areas, as defined in Article 55 of the ECL. A municipal water supply system, the Queens Groundwater System, is adjacent to and within the Study Area; however, the municipal water supply system has not supplied potable drinking water to residents in more than 14 years. As part of Section 1424(e) of the Safe Drinking Water Act and in accordance with the 1984 Memorandum of Understanding (MOU) between FHWA and USEPA and EO 12372, Intergovernmental Review of Federal Programs, a Groundwater Assessment Report (Appendix H of the FDR/FEIS) was prepared and provided to the USEPA for review with the DDR/DEIS. In a letter dated March 7, 2019, the USEPA concurred with the Groundwater Assessment Report findings that no adverse effects to groundwater are expected as a result of the Build Alternative and that the Build Alternative will comply with Section 1424(e) of the Safe Drinking Water Act.

Best management practices will be employed during construction to minimize effects to groundwater and will be identified in the stormwater pollution prevention plan (SWPPP), which will be prepared during final design. During construction, excavation dewatering may be required to facilitate the installation of support foundations and other structural items, which may require an appropriate state or municipal withdrawal or discharge permit, which will be determined during final design.

Stormwater Management

Under the Build Alternative, there will be no changes to impervious areas or stormwater management and no soil disturbance between Queens Boulevard and Hoover Avenue, as improvements will be limited to pavement striping. The existing main trunk line draining south to Bergen Basin will remain and a new trunk line will be added to reroute and convey a large portion of the existing drainage area (approximately 14.7 acres) of the northbound VWE, from Rockaway Boulevard to the Belt Parkway, to the proposed stormwater management practices south of the Belt Parkway/Nassau



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Expressway/VWE interchange. Appendix I (Drainage Report) of the FDR/FEIS provides discussion of the proposed drainage work and stormwater practices.

The Build Alternative will result in approximately 13.84 acres of new development impervious surfaces and removal of approximately 1.67 acres of existing impervious surfaces, resulting in a net increase in impervious cover of approximately 12.17 acres. The Build Alternative will result in the redevelopment of approximately 7.19 acres. Water quality treatment and increased stormwater runoff flows and volumes will be mitigated via post-construction stormwater management practices, including bioretention swales and infiltration basins. The Build Alternative will result in few open spaces or natural features. The post-construction stormwater management practices will utilize the remaining open spaces within the NYSDOT right-of-way, meet the planning practices and apply techniques of green infrastructure (reduction of clearing and grading areas, soil restoration of removed impervious areas, and introduction of vegetated swales). No land acquisitions or easements will be required for the post-construction stormwater management practices.

The Build Alternative will require compliance with and permitting under the NYSDEC State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity (No. GP-0-15-002) or most current version of the permit. This permit requires adherence to the NYSDEC water quality treatment and runoff reduction criteria, channel protection detention and overbank flood/extreme storm attenuation criteria (not applicable for the Build Alternative due to tidal outfall), and an Erosion and Sediment Control Plan and SWPPP for the Build Alternative, which will be prepared during final design. The SWPPP will be prepared in accordance with the requirements of the SPDES General Permit for Stormwater Discharges from Construction Activity, including, but not limited to, erosion and sediment control and post-construction stormwater quality and quantity management practices. The Erosion and Sediment Control Plan and SWPPP will describe the minimization of discharge of pollutants, prevention of violation of water quality standards, soil stabilization measures, and dewatering control measures. BMPs, such as erosion controls, cleaning of construction equipment to prevent the spread of invasive species, or removal of debris near undisturbed areas, will be implemented during construction of the proposed stormwater management facilities to minimize potential effects to disturbed and adjacent areas.

General Ecology

The Study Area has been previously disturbed, and therefore impacts under the Build Alternative will be in previously developed and disturbed areas. Based on preliminary design, the total number of tree removals will be between 986 to 1,582 trees. Trees within the jurisdiction of NYC Parks will be removed in compliance with a NYC Parks Construction Permit. NYC Parks will be consulted regarding tree replacement mitigation, which will comply with NYC Rules Governing Tree Replacement.

Efforts will be made during construction to preserve and protect the trees that are to remain. During final design, a Landscape Design and Restoration Plan will be prepared to indicate replacement plantings to enhance the site and align with landscape maintenance strategies. Trees, shrubs, and seed mixes will not include invasive species.



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Wildlife species may be temporarily disturbed during construction due to noise, vibration, or temporary displacement. Vegetation clearing may also displace species. However, the species found within the Study Area are adapted to heavily disturbed and developed urban environments. Prior to vegetation clearing, a pre-construction nest survey will be completed to identify active nests of bird species protected by the Migratory Bird Treaty Act (MBTA). Should the presence of active nests of MBTA-protected bird species be present/identified within the work zone, tree cutting will occur during the fall or winter seasons, outside of the species nesting and fledging period, and coordination with the FHWA will occur.

Per Executive Order 13112, strategies for minimizing and controlling invasive species may include reseeding or landscaping disturbed areas in accordance with certified weed-free seed mixes and/or native species. Other measures include monitoring and appropriately controlling the presence of invasive species and practices such as equipment cleaning and use of clean fill material in landscaping areas.

Threatened and Endangered Species

The Build Alternative will involve construction activities and the removal of landscaped areas and trees along the service roads of the VWE. The Build Alternative will not affect state shorelines or habitats and breeding along state shorelines. Moreover, the Study Area consists of highly traveled transportation corridors and maintained and mowed grassy areas/medians. The following federally and/or New York State listed species were identified as having potential habitat in the vicinity of the Study Area: piping plover (Charadrius melodus); roseate tern (Sterna dougallii); red knot (Calidris canutus rufa); seabeach amaranth (Amaranthus pumilus); and stiff cowbane (Oxypolis rigidior).

Based on the lack of essential habitat preferred by piping plover, roseate tern, red knot, and seabeach amaranth within and adjacent to the Study Area, the NYSDOT has made a “no effect, no habitat” determination for these species. Pursuant to 6 NYCRR Part 182, the NYSDOT has determined that the Project is not likely to result in the take or taking of the species and is therefore not subject to regulation under this part.

Based on the lack of essential habitat preferred by stiff cowbane within and adjacent to the Study Area, the lack of recent occurrence or precise location data documented in the NYNHP database, and pursuant to 6 NYCRR Part 182, the NYSDOT has made a “not likely to result in the take” or taking of the species and is therefore not subject to regulation under this part.

The FHWA concurred with the NYSDOT’s effect determination in a letter dated April 16, 2018, stating that the Project will have “no effect” on identified federally listed species. No response was received from the NYSDEC regarding the NYSDOT’s effect determination; therefore, concurrence is presumed.

In addition, the Build Alternative will not involve work in, or adjacent to, a wildlife or waterfowl refuge.

Critical Environmental Areas

Impacts to the Jamaica Bay Critical Environmental Area (CEA), specifically to Bergen Basin, will include a reduction in the volume of untreated stormwater discharged from the Bergen Basin CSO



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outfall during precipitation events. Proposed stormwater management practices will provide both water quality treatment and runoff reduction for stormwater volumes prior to discharge into Bergen Basin for a portion of the overall drainage area. In addition, the Build Alternative will reduce the volume of stormwater entering the NYCDEP CSS, which ultimately leads to the Jamaica WWTP. By rerouting a portion of the existing CSS drainage area to the separate storm sewer system, runoff from the rerouted drainage area will be directed to stormwater management practices that promote groundwater recharge. The stormwater management practices include a controlled outlet structure that discharges a portion of the runoff volume to the main trunk line. The controlled outlet slows the release of stormwater to moderate the peak discharge rate. This change to the drainage area will reduce the frequency of CSO events to Bergen Basin. The Build Alternative will not include in-water work.

Temporary construction effects, such as increased turbidity or pollution, will be avoided, minimized, or managed through erosion and sediment control BMPs and will be further detailed in a SWPPP to be prepared during final design.

A Soil Erosion and Sediment Control Plan will be prepared and implemented to address temporary surface water effects during construction.

As a result of the proposed improvements, the Build Alternative will not adversely affect Bergen Basin. The Build Alternative will result in positive effects to the Jamaica Bay CEA.

Historic and Cultural Resources

The Project is a federal undertaking subject to review under Section 106 of the National Historic Preservation Act of 1966 (NHPA), as amended, and its implementing regulation, 36 CFR Part 800: Protection of Historic Properties. Historic properties were identified in accordance with the requirements of 36 CFR Part 800 for implementing Section 106 of the NHPA and in consultation with SHPO. The NYSDOT concluded that an archaeological survey was not warranted as there is no potential for the presence of intact archaeological resources. Consequently, there was no outreach to Tribal Nations regarding this Project.

Three LIRR bridges, BINs 7076800, 7076810, and 7066688, within the Project Area of Potential Effect (APE) were determined eligible for the National Register of Historic Places (NRHP) in consultation with SHPO. The FHWA, in coordination with the NYSDOT, and in consultation with SHPO, applied the criteria of adverse effect (36 CFR 800.5(a)(1)) to the identified historic properties within the APE, and found that the Project will have an adverse effect on the three historic bridges. The assessment of effects is documented in Appendix M (Cultural Resources Supplemental Information) of the FDR/FEIS.

The FHWA and NYSDOT, in consultation with the SHPO, have developed a Memorandum of Agreement (MOA) to resolve the Project’s known adverse effects on historic architectural properties. The MOA includes measures to mitigate the adverse effects and will be implemented in accordance with the standards and format described in SHPO Structure Documentation guidelines. Appendix M (Cultural Resources Supplemental Information) contains the executed MOA for the Project.



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Programmatic Section 4(f) Evaluation

Section 4(f) of the U.S. Department of Transportation (USDOT) Act of 1966 (49 USC § 303, as amended) prohibits the “use” of land from a publicly owned public park, recreation area, wildlife and/or waterfowl refuge, or any significant historic or archaeological site, as part of a federally funded or approved transportation project unless no feasible and prudent alternative exists for the use of the site and all possible alternatives have been evaluated to minimize harm to the Section 4(f) resource. The Project is subject to review by the USDOT and FHWA, and is therefore subject to Section 4(f) review. Since historic bridges will be adversely affected by the Project, Section 4(f) approval is required. A Section 4(f) use occurs when the historic integrity for which the bridge was determined eligible for the NRHP is adversely affected by the proposed project (23 CFR 774.13(a)).

The Project meets the applicability criteria for the Programmatic Section 4(f) Evaluation and Approval for FHWA Projects that Necessitate the Use of Historic Bridges. Pursuant to Section 4(f) of the USDOT Act of 1966, 49 United States Code (USC) 303, and Section 18(a) of the Federal-Aid Highway Act of 1968, 23 USC 138, Chapter 4, Section 4.4.12.5 (Programatic Section 4(f) Evaluation) sets forth the basis for a Programmatic Section 4(f) approval that there are no feasible and prudent alternatives to the use of three historic LIRR bridge structures crossing the VWE to be altered or replaced using federal funds, and that the Project includes all possible planning to minimize harm resulting from such use.

Parks and Recreational Resources

The Build Alternative will be constructed within the existing transportation right-of way and will not encroach into any parks. There will be no proposed easements or acquisitions within any parks and access to parks will not be altered.

The widening of the VWE will reduce the size of the planted embankment between the VWE and the northbound service road. These trees currently serve to screen the adjacent parks from the VWE. The potential for visual impacts from the removal of adjacent trees and relocation of ramps was evaluated as follows:

• Unnamed Park – While the tree removal will change the views from the park toward the VWE, the change will not result in adverse effects to the park.

• Norelli-Hargreaves Playground – Although the tree removal will change the views from the park toward the VWE, it will not impair the activities or attributes of the playground.

• Dr. Charles Drew Memorial Park – The removal of several trees will change the views from the park toward the VWE; however, the change will not result in adverse effects to the park.

• Fochs Sitting Area – Most of the existing trees will remain, and will continue to provide a screen between the park and the VWE.

• Playground One Forty – Although the tree removal will change the views from the park toward the VWE, it will not impair the activities or attributes of the playground.



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As discussed above, the Build Alternative will not substantially impair the activities, features or attributes of the parks adjacent to the VWE; therefore, there will be no constructive use of Section 4(f) park resources under the Build Alternative.

Visual and Aesthetic Resources

A Visual Impact Assessment (VIA) was conducted for the Project, and is contained in Appendix P (Visual Impact Assessment Report) of the FDR/FEIS. Twelve (12) views were chosen to represent the change in visual quality that will result from the Build Alternative. To evaluate the level of visual impact under the Build Alternative, the changes to the environment (measured by the compatibility of the impact and change in visual quality) and sensitivity of the viewers to these changes, were analyzed.

Viewpoints 2, 3, 4, 7, 8, 9 and 12 do not include potential noise barriers. The Build Alternative will result in neutral visual impacts at viewpoints 2, 3, 4, 7, 8 and 12 and an adverse visual impact at viewpoint 9. The adverse impact at viewpoint 9 is a result of the removal of mature vegetation. Where space allows, replacement plantings will be provided and the newly planted trees will improve the visual quality over time as the plantings mature. However, even with mitigation, an adverse impact will occur at this location.

Viewpoints 1, 5, 6, 10 and 11 include potential noise barriers. The potential noise barriers would provide abatement of traffic noise impacts. Without the potential noise barriers, the Build Alternative would result in neutral visual impacts at viewpoints 1 and 11; beneficial visual impacts at viewpoint 5; and adverse visual impacts at viewpoints 6 and 10. The adverse impacts at viewpoints 6 and 10 would result from the removal of mature vegetation. Where space allows, replacement plantings would be provided and the newly planted trees would improve the visual quality over time as the plantings mature. However, even with mitigation, an adverse impact would occur at these locations. With solid noise barriers, the Build Alternative would result in adverse impacts at viewpoints 1, 5, 6 and 10 and a neutral visual impact at viewpoint 11.

To mitigate for adverse visual impacts that would result from the use of solid concrete noise barriers, transparent noise panels are recommended for potential noise barriers that are greater than 10 feet in height. With transparent noise barriers, the Build Alternative would result in beneficial visual impacts at viewpoint 1; neutral visual impacts at viewpoints 5 and 11; and adverse visual impacts at viewpoints 6 and 10. While the visual impacts for viewpoints 6 and 10 would remain adverse, the degree of visual change would be minimized and the visual quality would be improved over the use of solid noise barriers. To further mitigate for the adverse visual impacts of the potential noise barriers, additional plantings could be included where space allows (to be determined during final design). A final decision on the construction of the noise barriers will be made during final design. The design of the barriers would also be refined during final design of the Project.

Air Quality

Mesoscale and particulate matter (PM) microscale/hot-spot air quality analyses were performed to assess the regional and local effects of the Build Alternative on air quality. The air quality analyses were performed using procedures in NYSDOT’s TEM Section 4.4.16 (Air Quality), USEPA’s Using



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MOVES2014 in Project-Level Carbon Monoxide Analyses (EPA-420-B-15-028), USEPA’s Transportation Conformity Guidance for Quantitative Hot-spot Analyses in PM2.5 and PM10 Nonattainment and Maintenance Areas (EPA-420-B- 15-084), and FHWA’s Updated Interim Guidance on Mobile Source Air Toxic Analysis in NEPA Documents.

A carbon monoxide (CO) microscale/hot-spot analysis was not warranted for the Project, as the Build Alternative will not increase traffic volumes, reduce source-receptor distance, or change other existing conditions to such a degree as to jeopardize attainment of the National Ambient Air Quality Standards (NAAQS) for CO.

In all analysis years, the vehicle-miles traveled (VMT) and emission burdens of volatile organic compounds (VOC), nitrogen oxides (NOx); CO; PM with an aerodynamic diameter smaller than or equal to 10 micrometers (PM10); and PM with an aerodynamic diameter smaller than or equal to 2.5 micrometers (PM2.5) will be lower under the Build Alternative as compared to the No Build Alternative. Mobile source air toxics will also be lower under the Build Alternative as compared to the No Build Alternative.

PM10 concentrations at the worst-case receptors are lower under the Build Alternative, as compared to the No Build Alternative. PM2.5 concentrations at the worst-case receptors are higher under the Build Alternative, as compared to the No Build Alternative. This is mainly due to higher volumes in the project corridor, as well as traffic sources moving closer to receptors under the Build Alternative. The concentrations represent the receptors with the maximum design value concentrations. As there is a grid receptor network covering the entire project corridor, under the Build Alternative, some receptors will experience higher concentrations and some will experience lower concentrations, as compared to the No Build Alternative. No exceedances of the PM10 and PM2.5 NAAQS were predicted under the Build Alternative.

The Project is located within the jurisdiction of the NYMTC, which performs regional emissions analyses to demonstrate that the area’s transportation system adheres to limits prescribed by the State Implementation Plan (SIP). The Project is included in the regional emissions analysis for the currently conforming Transportation Improvement Program and Regional Transportation Plan as adopted by the NYMTC on June 28, 20182 and approved by the FHWA/FTA on August 24, 2018, per 40 CFR 93.109 and 40 CFR 93.115. Results from the CO microscale screening and PM2.5 microscale/hot-spot analyses demonstrate that the Project conforms to the SIP. The models used for the analyses, as well as the traffic network selection, receptor placement, and other modeling assumptions, were consistent with USEPA’s Transportation Conformity Guidance for Quantitative Hot-spot Analysis in PM2.5 and PM10 Nonattainment and Maintenance Areas.

Construction-related effects will be short-term and include increases in particulate matter in the form of fugitive dust (from ground clearing and preparation, grading, stockpiling of materials, on-site movement of equipment, and transportation of construction materials), as well as exhaust emissions from material delivery trucks, construction equipment, and worker’s private vehicles. Construction management of the Project will include environmental measures imposed on contractors within the

2 https://www.nymtc.org/Required-Planning-Products/Transportation-Conformity/Transportation-Conformity-

Determination-Documents-adopted

https://www.nymtc.org/Required-Planning-Products/Transportation-Conformity/Transportation-Conformity-Determination-Documents-adopted

https://www.nymtc.org/Required-Planning-Products/Transportation-Conformity/Transportation-Conformity-Determination-Documents-adopted



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contract limits and in areas adjacent to and/or affected by the work. As detailed in the NYSDOT Engineering Instruction 17- 006, §107-11 Air Quality Protection, construction work will be planned and executed in a manner that will minimize air emissions.

Energy and Greenhouse Gases (GHG)

An energy consumption and greenhouse gas (GHG) analysis was conducted for both operations and construction of the Build Alternative The direct annual energy consumption will be lower under the Build Alternative as compared to the No Build Alternative. Similarly, the direct annual carbon dioxide equivalent (CO2e) emissions will be lower under the Build Alternative as compared to the No Build Alternative. The Build Alternative will reduce congestion and increase average speeds along the project corridor, resulting in a reduction in both energy consumption and GHG emissions. Even when including annualized emissions and energy use from construction, the Build Alternative emissions and energy use will be lower than those under the No Build Alternative.

Noise

The noise analysis for the Project was performed in accordance with provisions set forth in 23 CFR § 772, Procedures for Abatement of Highway Traffic Noise and Construction Noise and the NYSDOT TEM, Section 4.4.18, Noise Analysis Policy and Procedures (“NYSDOT Noise Policy”). Appendix R (Noise Analysis) of the FDR/FEIS provides detailed discussion. Impacts, as defined in NYSDOT Noise Policy, were identified at properties fronting the VWE and at some unobstructed neighboring properties. Under the Build Alternative, 473 receivers, representing 1,007 receptors, were identified as impacted. Impacted receivers include residences, parks, cemeteries, schools, places of worship, hospitals and motels.

The majority (95 percent) of noise level increases at all receivers, whether impacted or not, between existing and Build Alternative conditions were 3 dB(A) or less. According to FHWA’s Highway Traffic Noise: Analysis and Abatement Guidance, noise level changes of 3 dB(A) or less are barely perceptible by the human ear. Of the 473 impacted receivers, representing 1,007 receptors, 46 of these receivers (10 percent) will be expected to experience noise level increases of greater than 3 dB(A) under the Build Alternative. These 46 receivers consist of 77 receptors, all of which are residential.

Noise abatement measures were evaluated for those locations where noise impacts are predicted to occur. To be recommended for construction, abatement measures must be both feasible and reasonable, as defined in NYSDOT Noise Policy.

Twelve (12) noise barriers were proposed in the DDR/DEIS, pending the solicitation of viewpoints. As stated in NYSDOT Noise Policy, for a noise barrier to be determined reasonable, the viewpoints of the benefited property owners and residents (i.e., those that would receive at least a 5 dB(A) reduction in noise levels) must be solicited; responses must be obtained from at least half of the benefited property owners and residents and a majority of the responses must favor the noise barrier.



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Despite extensive outreach efforts, viewpoints were received from at least half of the benefited property owners and residents for only one of the 12 proposed noise barriers: NB-14A. All of the viewpoints received for NB-14A were in favor of the barrier; thus, NB-14A is recommended for construction. Due to the low number of responses received, the remaining 11 barriers do not meet the reasonableness criterion related to the solicitation of viewpoints. However, based on the noise level reductions that would be provided within the affected communities, each of the 11 “potential” barriers will continue to be evaluated during final design, including additional solicitation of viewpoints of the benefited property owners and residents. A final decision on the construction of the 11 potential noise barriers will be made during final design.

With the recommended and potential noise barriers, no impacted locations would have noise level increases of over 3 dB(A). The potential noise barriers would result in 661 benefited receptors (i.e., 661 receptors would receive at least a 5 dB(A) reduction in noise). The 661 benefited receptors consist of 648 residential receptors, 10 park receptors, one outdoor school-related receptor, and two motel receptors.

Construction of the Build Alternative will result in short-term construction noise. The construction noise abatement measures specific to this Project will be evaluated and determined during final design. During construction, the contractor will implement reasonable efforts to accommodate the spirit and intent of Chapter 28 (Citywide Construction Noise Mitigation) of Title 15 of the Rules of the City of New York by planning and carrying out the work on the Project to ensure that the noise from construction equipment and activities will be minimized. These efforts will be included in a Construction Noise Mitigation Plan. In addition, a community liaison will be designated for the Project to provide open communication during construction.

Asbestos and Lead

A preliminary asbestos and lead assessment was conducted to identify and reasonably determine the potential for environmental concerns related to the presence of suspect asbestos containing materials (ACMs) and lead based paints (LBP) within the Study Area. Based on the results of this assessment, it is recommended that asbestos and lead sampling be conducted prior to construction throughout the Study Area to identify ACMs and LBPs that will be affected by the Build Alternative.

During sampling and construction, a health and safety plan, including dust monitoring, will be implemented for the protection of on-site personnel. BMPs will be implemented, such as materials management procedures, during construction. The removal, packaging for transportation, and disposal of materials with confirmed ACM or LBP will be conducted in accordance with federal, state, and local regulations.

Hazardous Waste and Contaminated Materials

A Phase I Environmental Site Assessment (ESA) was conducted for the Project, which identified a number of Recognized Environmental Conditions (REC) within the Study Area. Soil characterization is recommended in areas of anticipated excavation within certain segments of the project corridor. Groundwater sampling is also recommended in those same segments if excavations are to



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extend below the water table. Once areas of excavation are identified during final design, a Sampling Plan will be prepared. Should the presence of hazardous waste or contaminated materials be confirmed during characterization sampling, the type, degree, and extent of contamination will be determined to aid in identifying proper material handling requirements during construction (both for worker protection and waste disposal requirements).

During construction, a health and safety plan, including dust monitoring, will be implemented for the protection of workers and the surrounding community. Best management practices will be implemented, such as materials management procedures and soil erosion/sediment controls (e.g., installation of straw bales, silt fence), during construction. Excavated soils that are contaminated or are potentially contaminated will be temporarily stockpiled and characterized for off-site disposal in accordance with federal, state, and local regulations, provided a beneficial on-site reuse option cannot be identified.

Construction Effects

Construction effects will be temporary and will cease with the completion of construction. Although the Build Alternative will be planned, designed, scheduled, and staged to minimize disruption to abutting communities and the environment during construction, short-term effects will occur. It is anticipated that the Build Alternative will be constructed in three phases (or contracts). Construction is expected to start in 2020 and end in 2025. A community liaison will be designated for the Project to provide open communication during construction.

A coordinated plan for work zone traffic control (WZTC) will be developed during final design to allow for the safe and efficient flow of traffic along the VWE and its service roads, as well as safe and efficient access to and from the VWE. It is anticipated that staged construction methods (i.e., temporarily shifting traffic around work zone areas as portions of the roadways are reconstructed) will be utilized during all three construction contracts. The intent of staged WZTC is to maintain existing traffic flows during peak periods and minimize traffic effects throughout the corridor. The staged construction methods to be used will be determined during the final design and construction phases of the Project. The construction activities will not result in adverse effects to vehicle, pedestrian, or bicycle traffic.

The retrofit/replacement of the LIRR bridges over the VWE will require a variety of complex track outages of varying durations to allow the required modification/strengthening of the structures while minimizing operational effects to passengers. The NYSDOT will coordinate with the LIRR during final design and construction to limit effects to rail passengers to the extent practical. Work will include long-term track outages during some construction stages and overnight and weekend outages in other stages. Service for all passengers will be maintained throughout the construction period, with some delays. These effects will be temporary and will affect a small percentage of the overall LIRR ridership. Adverse effects to rail passengers are not anticipated.

There will be no effect to subway operations during construction of the Project. The Q24 bus route, which runs along the northbound service road between Atlantic Avenue and Archer Avenue and along the southbound service road between Jamaica Avenue and Atlantic Avenue, and the Q9 bus route, which runs along the southbound service road between Liberty Avenue and 111th Avenue, may



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experience delays as a result of temporary lane closures on the northbound or southbound service roads. In addition, one of the Q9 bus stops located on the southbound service road may be temporarily relocated within the same block, in coordination with the MTA.

Nuisance effects, such as noise, dust, and vibration, will occur temporarily during construction in those areas adjacent to the construction activities. Typical measures in construction contracts to minimize such nuisances during construction will be implemented. Measures may include the following: proactive and corrective measures for dust suppression through the application of water; cleaning construction truck tires before leaving the construction site; limiting idle time for diesel-powered equipment, using maintained equipment with effective mufflers; employing sufficient detours to reduce vehicular idling; and performing pest control and extermination work prior to earth work activities.

Although efforts will be made to avoid nighttime construction to the extent practical, it will be required for certain activities. Nighttime construction activities will be phased to minimize the duration of construction at any particular location so as to lessen the effects of construction on the surrounding communities. The construction noise abatement measures specific to this Project will be evaluated and determined during final design.

Temporary visual effects from the presence of heavy machinery, materials, staging areas, and temporary lighting and barriers will also occur during construction of the Project. This is a temporary condition and will not result in long-term effects. Sight distances and views toward the adjacent areas may be limited due to construction barriers and equipment.

Local businesses may experience short-term effects during construction due to temporary changes in traffic patterns. Access to businesses will be maintained at all times during construction. Short-term benefits to local businesses, such as increased demand for local materials, services, and labor, may also occur during construction of the Build Alternative.

Efforts will be made to preserve and protect trees to remain during construction. A Preliminary Planting Plan has been prepared and is presented in Appendix S of the FDR/FEIS. During final design, a Landscape Design and Restoration Plan will be developed, which will indicate replacement plantings to enhance and maintain the site.

No adverse construction-related environmental effects are anticipated.

Cumulative Effects

An assessment of cumulative effects resulting from the effects of the Build Alternative combined with the effects of past, present, and reasonably foreseeable future projects was conducted. The assessment was conducted following the guidelines provided in the CEQ handbook, Considering Cumulative Effects under the National Environmental Policy Act (1997), as well as guidance published by the USEPA, Consideration of Cumulative Impacts in EPA Review of NEPA Documents (1999).

The Build Alternative will not result in adverse cumulative effects related to social conditions, economic conditions, water resources, ecology, historic and cultural resources, threatened and endangered species, parkland, traffic, air quality, energy and greenhouse gases, or noise.



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The Build Alternative will result in adverse visual effects at locations along the northbound and southbound service roads where trees will be removed and where potential noise barriers would be constructed to abate traffic noise impacts. The VWE project, combined with past, present and reasonable foreseeable future projects, will not result in additional cumulative adverse visual effects.

Adverse Environmental Impacts that Cannot be Avoided

The Build Alternative will result in adverse visual effects at locations along the northbound and southbound service roads where trees will be removed to accommodate widening of the mainline and where potential noise barriers would be constructed to abate traffic noise impacts. Mitigation for adverse effects was considered. The Project design was modified to minimize the need to remove plants that provide a visual buffer between residences and the mainline. In locations where tree removals will be necessary and where space allows, replacement plantings will be provided. The newly planted trees will improve the visual quality over time as the plantings mature. For noise barriers that would be greater than 10 feet in height, the use of transparent noise panels is recommended to mitigate visual impacts associated with the use of solid concrete noise barriers. Plantings will also be considered where space is available. However, even with these mitigation measures, adverse visual effects will occur.

PERMITS

The permits that are anticipated for the Build Alternative include the following:

• New York State Department of Environmental Conservation: − State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater

Discharges from Construction Activity

• NYC Department of Parks and Recreation: − Tree Work Permit

• NYC Department of Environmental Protection: − Sewer Connection Permit − Amended Drainage Plan

• NYC Department of Transportation: − Office of Construction Mitigation and Coordination Street Permit − Office of Construction Mitigation and Coordination Arterial Permit

ENVIRONMENTAL COMMITMENTS

General Ecology • Trees within the jurisdiction of NYC Parks will be removed in compliance with a NYC Parks

Construction Permit. NYC Parks will be consulted regarding tree replacement mitigation, which will comply with NYC Rules Governing Tree Replacement.

• Efforts will be made during construction to preserve and protect the trees that are to remain. During final design, a Landscape Design and Restoration Plan will be prepared to indicate replacement



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plantings to enhance the site and align with landscape maintenance strategies. Plant selection will include deciduous and coniferous trees, ornamental trees, shrubs, and ground covers. Trees, shrubs, and seed mixes will not include invasive species.

• Prior to vegetation clearing, a pre-construction nest survey will be completed to identify active nests of bird species protected by the Migratory Bird Treaty Act (MBTA). Should the presence of active nests of MBTA-protected bird species be present/identified within the work zone, tree cutting will occur during the fall or winter seasons, outside of the species nesting and fledging period, and coordination with the FHWA will occur.

Historic and Cultural Resources • The FHWA and NYSDOT, in consultation with the SHPO, have developed a Memorandum of

Agreement (MOA) to resolve the Project’s known adverse effects on historic architectural properties. The MOA (included in Appendix M (Cultural Resources Supplemental Information) of the FDR/FEIS) includes measures to mitigate the adverse effects and will be implemented in accordance with the standards and format described in SHPO Structure Documentation.

Visual and Aesthetic Resources • Where space allows, replacement plantings will be provided. • Transparent noise panels are recommended for recommendeded and potential noise barriers that

are greater than 10 feet in height. The solid concrete portion at the base of each transparent barrier would be approximately 8 to 10 feet high; the remainder of the potential barrier would be transparent.

• New retaining walls and concrete medians, as well as bridge replacements, will be compatible with the existing infrastructure to create a better sense of order and visual harmony for views that already have a dominance of transportation infrastructure.

• Visual enhancements, including decorative retaining walls and noise barriers and aesthetic paving in median areas, will be considered.

Public Involvement During Construction • During construction of the Project, a centrally located, on-site project office will be established to

accommodate drop-in visitors who have questions, comments, and/or concerns about ongoing and upcoming construction activities. The office will be staffed by at least one full-time person and open during standard work hours (i.e., 9:00 a.m. to 5:00 p.m.) or as needed. The office will be accessible to the public via transit and will be ADA-compliant.

• Scheduled construction status updates will be provided and coordination meetings with public and private entities, including, but not limited to, city agencies, the PANYNJ, MTA LIRR, community boards, police/fire departments, hospitals, schools, libraries, places of worship, large employers, mass transit providers, public utility carriers, and trucking and freight services, will be held.

• A specific communication schedule and procedures for coordinating with media (e.g., local radio stations, local television stations, local newspapers) to disseminate construction-related information will be developed.

• A community liaison and rail transit liaison (during the construction of Contract 2) will be designated.



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Noise • Noise barrier NB-14A is recommended for construction. • Seven northbound potential noise barriers (NB1, NB2, NB3, NB10, NB11, NB16, and NB20) and

four southbound potential noise barriers (SB10, SB13, SB15, and SB16) will continue to be evaluated during final design, including additional solicitation of viewpoints of the benefited property owners and residents. A final decision on the construction of the potential noise barriers will be made during final design.

• The design of the noise barriers to be constructed will be refined during final design of the Project. • If noise barriers NB-1 and NB-2 are not constructed, a noise barrier at the approximate same

height as the existing noise barrier panels would be provided along the northbound service road, south of Rockaway Boulevard.

Construction Noise • During construction, the contractor will implement reasonable efforts to accommodate the spirit

and intent of Chapter 28 (Citywide Construction Noise Mitigation) of Title 15 of the Rules of the City of New York by planning and carrying out the work on the Project to ensure that the noise from construction equipment and activities will be minimized. These efforts will be included in a Construction Noise Mitigation Plan.

Property Access During Construction • Access to public and private properties (residential and commercial businesses) will be maintained

during construction.

Effects to Rail Passengers • Service for all LIRR passengers will be maintained throughout the construction period, with some

delays. • The NYSDOT will coordinate with the LIRR during final design and construction to address

concerns and limit effects to rail passengers to the extent practical.

Bicycle and Pedestrian Detours During Construction • Detours or temporary bridges may be required for bicycle and pedestrian facilities during

construction. Access will be restored after construction. • Access for bicyclists on the bridges carrying local streets and along the service roads will be

maintained. • During construction, where sidewalk or curb ramp closures are needed, priority will be given to

detouring pedestrians to the other side of the roadway. In cases where it will not be possible to detour pedestrians to the other side of the road, an alternate route will be provided. Temporary construction signage will be placed along the detour route to guide pedestrians through the route.

• To accomplish the substructure work associated with the LIRR bridges and maintain at least two lanes of traffic on the service roads, the sidewalks along the northbound and southbound service roads will require alternating closures. Sidewalk closures, where required for construction, will be coordinated such that one sidewalk will be maintained under the structure at any given time.

• A 24-hour shuttle bus will be provided along the service road to move pedestrians past the closed sidewalk under the LIRR structure.



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MONITORING AND ENFORCEMENT

The policies, procedures and guidelines required by the FHWA to assure the quality of materials and construction in Federal-Aid projects are defined in 23 CFR 637 Subpart B Quality Assurance Procedures for Construction. The NYSDOT has established a Quality Assurance (QA) Program in accordance with 23 CFR 637 to assure that the materials and workmanship incorporated into each project are in conformity with the contract documents. The NYSDOT QA Program includes both an Acceptance Program and an Independent Assurance Program. The Project will include the development and implementation of a quality program for final design, construction, maintenance, safety, and environmental compliance.

CONCLUSION

Having considered the environmental record noted above, the written and oral comments offered by other agencies and the public on this record, and the written responses to the comments received, the FHWA and NYSDOT have determined that:

1) adequate opportunity was afforded for the presentation of views by all parties with a substantive economic, social, or environmental interest;

2) fair consideration has been given to the preservation and enhancement of the environment and to the interests of the communities in which the Build Alternative is located; and

3) all reasonable steps have been taken to minimize adverse environmental effects of the Build Alternative, and where adverse effects remain, there exists no reasonable alternative to avoid or further mitigate such effects

Based on a balanced consideration of the need for safe and efficient transportation, of the social, economic, and environmental effects of the proposed transportation improvement, and of national, state, and local environmental protection goals; the Van Wyck Expressway Capacity and Access Improvements to JFK Airport Project FEIS and Joint ROD and Findings Statement; as well as the written and oral comments offered by the public and public agencies, the FHWA has determined in accordance with 23 CFR 771 and the NYSDOT has certified in accordance with 17 NYCRR Part 15, that:

• The requirements of 23 CFR 771 and ECL Section 8-0109 have been met;

• Consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided;

• Consistent with social, economic and other essential considerations, from among the reasonable alternatives thereto, the action to be directly undertaken, funded or permitted by the NYSDOT is an alternative that minimizes or avoids adverse environmental effects to the maximum extent practicable, including the effects disclosed in the environmental impact statement;

• The action is consistent with the applicable policies of Article 42 of the Executive Law, and is consistent to the maximum extent practicable with the coastal policies set forth in 19 NYCRR 600.5;



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• The action, to the fullest extent practicable, incorporates the environmental investigations, reviews, and consultations in a single coordinated process;

• Compliance with all applicable environmental requirements is reflected in the environmental document required under NEPA, and as applicable, SEQRA; and

• Public involvement and a systematic interdisciplinary approach were essential parts of the development process for the action.

National Environmental Policy Act and New York State Environmental Quality Review Act

Joint Record of Decision / Findings Statement Federal Highway Administration and New York State Department of Transportation

Signatories

Federal Highway Administration NYS Department of Transportation

Assistant Commissioner & Chief Engineer

Date Date I 1

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