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Federal agency OK'd Kensington project 3 days after NYSDOT submitted plans

The FHA says the NYSDOT submitted the Kensington Expresesway plans on February 13. On February 16, the FHA approved the $1B project.

BUFFALO, N.Y. — Much of the opposition to the Kensington Expressway project has been centered around members of the community, many of which live near the expressway, feeling like their voices aren't being heard and that the project would be rubber stamped. 

The time between when the plans were submitted to the Federal Highway Administration (FHWA) and when the project was approved will not likely persuade those who feel unheard. 

2 On Your Side has confirmed with the Federal Highway Administration that the NYSDOT formally submitted their plan for the project on Feb. 13. 

On Feb. 16, the FHWA approved the plan. The plan calls for the NYSDOT to build a $1 billion tunnel between Dodge Street and Sidney Street and cap that tunnel with a new park that will create 11 acres of green space. 

Either intentionally, or pure coincidence, the project was approved on the 70th anniversary of when New York State first announced the Kensington Expressway project: Feb. 16, 1954. 

Despite a three-day formal approval process, the Federal Highway Administration says they worked extensively with the NYSDOT on the plan. 

A spokesperson for the FHWA told 2 On Your Side:

"New York State Department of Transportation (NYSDOT) worked closely in cooperation with FHWA to develop the Kensington Expressway Final Design Report/Environmental Assessment (FDR/EA) beginning in December 2022. After more than a year of careful revisions and review, including consideration of all public comments, NYSDOT submitted the FDR/EA for FHWA review and approval on February 13th, 2024. FHWA approved and signed the document, with NYSDOT, on February 16th, 2024."

Back in October, the NYSDOT announced that they would extend the public comment period for the $1B project in order for the community to provide their input. 

Despite a 3-day formal approval process, the FHWA says they had extensive time to review those additional comments with the NYSDOT. 

"Early input from representatives of the public and representatives of community organizations significantly shaped the proposal in the draft EA that went out for public comment. Based on the level of public interest, the comment period was extended by an additional 14 days. All comments received during the comment period and throughout the environmental review process were considered," a FHWA spokesperson said. 

The Federal Highway Administration also says that the federal aid highway program is structured in a way that the administration has oversight of local DOT's as the project is developed.

After the project was formally approved on Feb. 16, Governor Hochul said she instructed the NYSDOT to begin considering additional phases of the project. 

NYSDOT says they expect construction to begin in the fall. 

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