The Indiana Department of Transportation (INDOT) with funding from the Federal Highway Administration (FHWA) intends to make improvements to State Road 53 (Broadway), beginning at the intersection of US 20 (4th Avenue) and extending 0.11 mile north, in Gary, Indiana. The preferred alternative will include replacement of the concrete pavement on State Road 53, reconstruction and repair of adjacent curbs and sidewalks, and reconstruction of curb ramps to achieve Americans with Disability Act (ADA) compliance at street crossings of US 20, I-90 on-ramps, and I-90 off-ramps. These improvements will restore the driving surface of the roadway as well as facilitate safe and accessible pedestrian travel and street crossings. It is anticipated that approximately 0.020 acre of permanent right-of-way will be required from the adjacent Gateway Park for the improvements to sidewalks and curb ramps at the northeast and northwest corners of the State Road 53/US 20 intersection. Gateway Park is publicly owned by the City of Gary. It is open to the general public and offers native plantings, two fountains, a bandshell, and the historic Gary Land Company Building. Current uses of the Gateway Park property that is needed for right-of-way are sidewalk and lawn. No trees will be removed from the property of Gateway Park. The proposed project is an action that is subject to the U.S. Department of Transportation Act of 1966. Section 4(f) of this legislation seeks to protect publicly owned parklands, such as Gateway Park, recreation areas, waterfowl and wildlife refuges, and significant historic sites from impacts by U.S. Department of Transportation actions. After an evaluation of the impacts of an action upon Section 4(f) resources, the federal transportation agency must make an impact finding. The Safe, Accountable, Flexible, Efficient Transportation Equity Act - A Legacy for User (SAFETEA-LU) of 2005 established determinations that certain uses of Section 4(f) land will have no adverse effect (de minimis) on the protected resource. De minimis impacts are defined as those that do not adversely affect the activities, features, and attributes for which the property qualifies as a Section 4(f) resource. Section 6009(a) of the SAFETEA-LU requires that a public notice and an opportunity for review and comment be provided for projects that are determined to have de minimis impact. This is an opportunity for the public to review and comment on the effects of the project on the activity, features, and attributes that qualify Gateway Park for protection under Section 4(f).
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