Notice of Final Federal Agency Actions on Proposed Highway Projects in Texas
| Published date | 27 June 2019 |
| Citation | 84 FR 30788 |
| Record Number | 2019-13156 |
| Section | Notices |
| Court | Federal Highway Administration |
Federal Register, Volume 84 Issue 124 (Thursday, June 27, 2019)
[Federal Register Volume 84, Number 124 (Thursday, June 27, 2019)]
[Notices]
[Pages 30788-30790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13156]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on Proposed Highway
Projects in Texas
AGENCY: Texas Department of Transportation (TxDOT), Federal Highway
Administration (FHWA), U.S. Department of Transportation.
ACTION: Notice of limitation on claims for judicial review of actions
by TxDOT and Federal agencies.
-----------------------------------------------------------------------
SUMMARY: This notice announces actions taken by TxDOT and Federal
agencies that are final. The environmental review, consultation, and
other actions required by applicable Federal environmental laws for
these projects are being, or have been, carried-out by TxDOT pursuant
to an assignment agreement executed by FHWA and TxDOT. The actions
relate to various proposed highway projects in the State of Texas.
These actions grant licenses, permits, and approvals for the projects.
DATES: By this notice, TxDOT is advising the public of final agency
actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review
of TxDOT and Federal agency actions on the highway projects will be
barred unless the claim is filed on or before the deadline. For the
projects listed below, the deadline is November 24, 2019. If the
Federal law that authorizes judicial review of a claim provides a time
period of less than 150 days for filing such a claim, then that shorter
time period still applies.
FOR FURTHER INFORMATION CONTACT: Carlos Swonke, Environmental Affairs
Division, Texas Department of Transportation, 125 East 11th Street,
Austin, Texas 78701; telephone: (512) 416-2734; email:
[email protected]. TxDOT's normal business hours are 8:00 a.m.-
5:00 p.m. (central time), Monday through Friday.
SUPPLEMENTARY INFORMATION: The environmental review, consultation, and
other actions required by applicable Federal environmental laws for
these projects are being, or have been, carried-out by TxDOT pursuant
to 23 U.S.C. 327 and a Memorandum of Understanding dated December 16,
2014, and executed by FHWA and TxDOT.
Notice is hereby given that TxDOT and Federal agencies have taken
final agency actions by issuing licenses, permits, and approvals for
the highway projects in the State of Texas that are listed below.
The actions by TxDOT and Federal agencies and the laws under which
such actions were taken are described in the Categorical Exclusion
(CE), Environmental Assessment (EA), or Environmental Impact Statement
(EIS) issued in connection with the projects and in other key project
documents. The CE, EA, or EIS and other key documents for the listed
projects are available by contacting TxDOT at the address provided
above.
This notice applies to all TxDOT and Federal agency decisions as of
the issuance date of this notice and all laws under which such actions
were taken, including but not limited to:
1. General: National Environmental Policy Act (NEPA) [42 U.S.C.
4321-4351]; Federal-Aid Highway Act [23 U.S.C. 109].
2. Air: Clean Air Act, 42 U.S.C. 7401-7671(q).
3. Land: Section 4(f) of the Department of Transportation Act of
1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers),
23 U.S.C. 319.
4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and
Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Fish and
Wildlife Coordination Act [16 U.S.C. 661-667(d)], Migratory Bird Treaty
Act [16 U.S.C. 703-712].
5. Historic and Cultural Resources: Section 106 of the National
Historic Preservation Act of 1966, as amended [54 U.S.C. 300101 et
seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C.
470(aa)-11]; Archeological and Historic Preservation Act [54 U.S.C.
312501 et seq.]; Native American Grave Protection and Repatriation Act
(NAGPRA) [25 U.S.C. 3001-3013].
6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C.
2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C.
1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].
7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319); Land and Water
Conservation Fund (LWCF), 16 U.S.C. 4601-4604; Safe Drinking Water Act
(SDWA), 42 U.S.C. 300(f)-300(j)(6); Rivers and Harbors Act of 1899, 33
U.S.C. 401-406; Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287;
Emergency Wetlands Resources Act, 16 U.S.C. 3921, 3931; TEA-21 Wetlands
Mitigation, 23 U.S.C. 103(b)(6)(m), 133(b)(11); Flood Disaster
Protection Act, 42 U.S.C. 4001-4128.
8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988
Floodplain Management; E.O. 12898, Federal Actions to Address
Environmental Justice in Minority Populations and Low Income
Populations; E.O. 11593 Protection and Enhancement of Cultural
Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America;
E.O. 13175 Consultation and Coordination with Indian Tribal
Governments; E.O. 11514 Protection and Enhancement of Environmental
Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic
Assistance Program Number 20.205, Highway Planning and Construction.)
The projects subject to this notice are:
1. FM 455 from SH 5 to East of Wildwood Trail in Collin County,
Texas. The proposed improvements would widen FM 455 from a two-lane
undivided roadway to a four-lane divided urban arterial (six-lane
ultimate). Left and right turn lanes would be provided at select cross
streets and median openings. Six-foot wide sidewalks would be provided
on both sides of the roadway. Proposed improvements for the ultimate
phase would add one additional travel lane in each direction, resulting
in a six-lane roadway divided by a raised median. The length of the
proposed project is approximately 1.4 miles. The purpose of the
proposed project is to improve mobility of the roadway and improve
safety. The actions by TxDOT and Federal agencies and the laws under
which such actions were taken are described in, the Categorical
Exclusion Determination issued on May 24, 2019, and other documents in
the TxDOT project file. The Categorical Exclusion Determination and
other documents in the TxDOT project file are available by contacting
TxDOT at the address provided above or the TxDOT Dallas District Office
at 4777 E Highway 80, Mesquite, TX 75150; telephone (214) 320-4480.
2. FM 2493 from FM 346 to approximately one mile east of US 69, in
Smith and Cherokee Counties, Texas. The proposed improvements would
construct a four lane highway with two lanes in each direction and a
continuous center turn lane, and a grade separated interchange at US
69. The proposed project length is approximately 9.2 miles in length.
The purpose of the proposed project is to improve mobility on FM 2493
to accommodate current and future traffic volumes. The actions
[[Page 30789]]
by TxDOT and Federal agencies and the laws under which such actions
were taken are described in the Final Environmental Assessment approved
on March 25, 2019, the Finding of No Significant Impact approved on
April 24, 2019, and other documents in the TxDOT project file. The
Final Environmental Assessment and other documents in the TxDOT project
file are available by contacting TxDOT at the address provided above or
the TxDOT Tyler District Office at 2709 Front St., Tyler, TX 75702;
telephone (903) 510-9100.
3. IH 35E at Bear Creek Road in Dallas County, Texas. The proposed
improvements would include reconstructing and widening of the existing
two-lane undivided roadway facility to an urban four-lane divided
roadway (two lanes in each direction). Proposed improvements would
include one 12-ft wide inside travel lane and one 14-ft wide outside
shared-use lane (for bicycle accommodation) with raised median and curb
and gutter in each direction; and continuous sidewalks and a 12-ft
shared-use path within a proposed ROW width of approximately 112 ft.
Additional improvements would include reconstruction of the IH-35E/Bear
Creek Road intersection and the replacement of the IH-35E frontage road
bridges. The length of the proposed project is approximately 2.16
miles. The purpose of the proposed project is to improve the existing
roadway to enhance safety and mobility, and mitigate future increases
in traffic associated with projected community growth. The actions by
TxDOT and Federal agencies and the laws under which such actions were
taken are described in, the Categorical Exclusion Determination issued
on April 30, 2019, and other documents in the TxDOT project file. The
Categorical Exclusion Determination and other documents in the TxDOT
project file are available by contacting TxDOT at the address provided
above or the TxDOT Dallas District Office at 4777 E Highway 80,
Mesquite, TX 75150; telephone (214) 320-4480.
4. Farm to Market (FM) 723 from Avenue D to FM 1093 in Fort Bend
County, Texas. This project proposes to widen the existing two-lane
roadway to a four-lane roadway with a divided median. The project
length is 9.23 miles. The proposed project would require 97.9 acres of
new right-of-way. The purpose of the project is to improve mobility,
accommodate existing and projected growth, and bring the roadway to
current design standards. The actions by TxDOT and Federal agencies and
the laws under which such actions were taken are described in the Final
Environmental Assessment (EA) approved on April 24, 2019, the Finding
of No Significant Impact (FONSI) issued on April 24, 2019 and other
documents in the TxDOT project file. The EA, FONSI, and other documents
in the TxDOT project file are available by contacting TxDOT at the
address provided above or the TxDOT Houston District Office located at
7600 Washington Avenue, Houston, Texas 77007; telephone (713) 802-5076.
5. Blanco Road from West Oak Estates Drive to Borgfeld Drive, Bexar
County. This project proposes to improve a 3.2 mile segment of Blanco
Road between West Oak Estates and Borgfeld Drive from a two-lane
roadway to a four-lane roadway with two 12-foot travel lanes and 6-foot
shoulders/bike lanes in each direction. The roadway would have a raised
median or a center turn lane and sidewalks on the northbound side of
the project. The project is approximately 3.2 miles in length. The
actions by TxDOT and Federal agencies and the laws under which such
actions were taken are described in the Categorical Exclusion
Determination issued on April 15, 2019 and other documents in the TxDOT
project file. The Categorical Exclusion determination and other
documents in the TxDOT project file are available by contacting TxDOT
at the address provided above or the TxDOT San Antonio District Office
at 4615 NW Loop 410, San Antonio, TX 78229; telephone (210) 615-5839.
6. FM 1417 widening from US 82 to OB Groner Road, in Grayson
County, Texas. The proposed project would construct a six lane highway
with three lanes in each direction and a raised median, and interchange
improvements at SH 56. The proposed project length is approximately
5.44 miles in length. The purpose of the proposed project is to improve
mobility to accommodate current and future traffic volumes. The actions
by TxDOT and Federal agencies and the laws under which such actions
were taken are described in the Categorical Exclusion approved on April
5, 2019 and other documents in the TxDOT project file. The Categorical
Exclusion and other documents in the TxDOT project file are available
by contacting TxDOT at the address provided above or the TxDOT Paris
District Office at 1365 N Main St., Paris, TX 75460; telephone (903)
737-9213.
7. FM 893 from CR 3685 (Stark Road) to approximately 0.2 miles west
of CR 79 (Gum Hollow), in San Patricio County, Texas. The proposed
improvements would construct a five lane highway with two lanes in each
direction and a continuous center turn lane, and pedestrian facilities.
The purpose of the proposed project is to accommodate current and
future traffic volumes. The proposed project length is approximately
1.4 miles in length. The actions by TxDOT and Federal agencies and the
laws under which such actions were taken are described in the
Categorical Exclusion approved on April 12, 2019, and other documents
in the TxDOT project file. The Categorical Exclusion and other
documents in the TxDOT project file are available by contacting TxDOT
at the address provided above or the TxDOT Corpus Christi District
Office at 1701 S Padre Island Drive, Corpus Christi, TX 78416;
telephone (361) 808-2300.
8. Port Connector Road from Ostos Road to SH 4, in Cameron County,
Texas. The proposed new facility would be a two lane highway with one
lane in each direction and 10-foot wide shoulders. The purpose of the
proposed new road is to address safety and mobility of freight traffic
to and from the Port of Brownsville to surrounding roadways, which
would improve connections with the Port of Entry at the Los Tomatos
Bridge on US 77 and the new Space X Facility at Boca Chica. The
proposed project is approximately 2 miles in length. The actions by
TxDOT and Federal agencies and the laws under which such actions were
taken are described in the Categorical Exclusion approved on April 24,
2019, and other documents in the TxDOT project file. The Categorical
Exclusion and other documents in the TxDOT project file are available
by contacting TxDOT at the address provided above or the TxDOT Pharr
District Office at 600 W US Expressway 83, Pharr, TX 78577; telephone
(956) 702-6100.
9. FM 148 from South of FM 3039 to US 175 in Kaufman County, Texas.
The proposed project would construct a new location rural roadway
connecting FM 148 with US 175. The proposed roadway would consist of
two 12-foot wide travel lanes (one in each direction) with 8-foot wide
shoulders and turn lanes. Approximately 3,850 feet of US 175 would be
reconstructed to create an overpass crossing of the FM 148 bypass. The
length of the proposed project is approximately 1.6 miles. The purpose
of the proposed project is to improve operations along FM 148, improve
mobility and access between FM 148 and US 175, and accommodate future
traffic demand on the corridor in a manner compatible with local and
regional thoroughfare plans. The actions by TxDOT and Federal agencies
and the laws under which such actions were taken are described in the
Final Environmental Assessment (EA)
[[Page 30790]]
approved on March 26, 2019, Finding of No Significant Impact (FONSI)
issued on June 3, 2019 and other documents in the TxDOT project file.
The EA and other documents are available by contacting TxDOT at the
address provided above or the TxDOT Dallas District Office at 4777 E
Highway 80, Mesquite, TX 75150; telephone: (214) 320-4480.
10. SH 205 from US 80 in Terrell to Junction of SH 205/John King (S
Goliad Street) in Kaufman and Rockwall Counties, Texas. The proposed
project would widen the roadway from a two-lane rural highway to an
ultimate six-lane divided urban highway. Interim improvements would
include constructing a four-lane urban, divided roadway with an inside
12-foot wide travel lane, an outside 14-foot wide shared use lane, and
a 42-foot wide median. The ultimate phase of construction would widen
the roadway by adding an additional 12-foot wide travel lane in each
direction within the median, narrowing the median width to 18 feet. The
length of the proposed project is approximately 13.07 miles. The
purpose of the proposed project is to improve mobility and safety
within the SH 205 corridor. The actions by TxDOT and Federal agencies
and the laws under which such actions were taken are described in the
Final Environmental Assessment (EA) approved on April 26, 2019, Finding
of No Significant Impact (FONSI) issued on April 26, 2019 and other
documents in the TxDOT project file. The EA and other documents are
available by contacting TxDOT at the address provided above or the
TxDOT Dallas District Office at 4777 E Highway 80, Mesquite, TX 75150;
telephone: (214) 320-4480.
11. San Antonio Street at the Comal River, Comal County. The
project includes replacing the bridge superstructure to accommodate two
15-ft travel lanes, two 2-ft shoulders, and two 8-ft sidewalks.
Existing abutments would be replaced and the retaining wall at the
abutments would be repaired. Approaches would be widened. The project
is approximately 0.1 mile in length. The actions by TxDOT and Federal
agencies and the laws under which such actions were taken are described
in the Categorical Exclusion Determination issued on March 18, 2019 and
other documents in the TxDOT project file. The Categorical Exclusion
determination and other documents in the TxDOT project file are
available by contacting TxDOT at the address provided above or the
TxDOT San Antonio District Office at 4615 NW Loop 410, San Antonio, TX
78229 and (210) 615-5839.
12. SH 72 from Karnes County Line to 0.25 mile East of FM 2980 in
DeWitt County. The proposed project would reconstruct and widen SH 72
from a two-lane to a four-lane roadway. Construction would include the
addition of one 12-foot wide lane in each direction, a 4-foot wide
flush median, and 10-foot wide shoulders. A one mile section of SH 72
would be shifted slightly to the south adjacent to the existing
roadway. The total project length is 10.27 miles. The purpose of the
project is to improve mobility and enhance safety. The actions by TxDOT
and Federal agencies and the laws under which such actions were taken
are described in the Final Environmental Assessment (EA) approved on
March 21, 2019, the Finding of No Significant Impact (FONSI) issued on
May 31, 2019 and other documents in the TxDOT project file. The EA,
FONSI and other documents in the TxDOT project file are available by
contacting TxDOT at the address provided above or the TxDOT Yoakum
District Office at 403 Huck St., Yoakum, TX 77995; telephone (361) 293-
4436. The EA, FONSI can also be viewed and downloaded from the
following website: https://www.txdot.gov/inside-txdot/projects/studies/yoakum/052319.html.
13. State Highway (SH) 146 from Farm-to-Market (FM) 518 to FM 517
in Galveston County, Texas. The 5.46 mile project will widen SH 146
from a four-lane divided highway to a six-lane divided highway with a
grade-separated overpass at SH 96. Approximately 5.3 acres of new
right-of-way are required. The actions by TxDOT and Federal agencies
and the laws under which such actions were taken are described in the
Categorical Exclusion Determination approved April 12, 2019 and other
documents in the TxDOT project file. The Categorical Exclusion
Determination and other documents in the TxDOT project file are
available by contacting TxDOT at the address provided above or the
TxDOT Houston District Office located at 7600 Washington Avenue,
Houston, Texas 77007; telephone (713) 802-5076.
Authority: 23 U.S.C. 139(l)(1).
Issued on: June 13, 2019.
Michael T. Leary,
Director, Planning and Program Development, Federal Highway
Administration.
[FR Doc. 2019-13156 Filed 6-26-19; 8:45 am]
BILLING CODE 4910-22-P
