Notice of Final Federal Agency Actions on Proposed Highways in Texas |
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Achille Alonzi
Federal Highway Administration
October 11, 2012
[Federal Register Volume 77, Number 197 (Thursday, October 11, 2012)]
[Notices]
[Pages 61822-61824]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25004]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on Proposed Highways in
Texas
AGENCY: Federal Highway Administration (FHWA), (DOT).
ACTION: Notice of Limitation on Claims for Judicial Review of Actions
by FHWA and Other Federal Agencies.
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SUMMARY: This notice announces actions taken by the FHWA and other
Federal agencies that are final within the meaning of 23 U.S.C.
139(l)(1). The actions relate to various proposed highway projects in
Tarrant, Dallas and Denton Counties, Texas. Those actions grant
licenses, permits, and approvals for the projects.
DATES: By this notice, the FHWA is advising the public of final agency
actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review
of the Federal agency actions on any of the listed highway projects
will be barred unless the claim is filed on or before March 10, 2013.
If the Federal law that authorizes judicial review of a claim provides
a time period of less than 150 days for filing such claim, then that
shorter time period still applies.
FOR FURTHER INFORMATION CONTACT: For FHWA: Mr. Achille Alonzi,
Assistant Division Administrator, Texas Division, Federal Highway
Administration, 300 E. 8th Street, Room 826, Austin, Texas 78701; 8:00
a.m. to 5:00 p.m. (central time) Monday through Friday, 512-536-5902;
email: al.alonzi@fhwa.dot.gov. For Texas Department of Transportation
(TxDOT): Mr. Carlos Swonke, Director of Environmental Affairs Division,
Texas Department of Transportation (TxDOT), 118 E. Riverside, Austin,
Texas 78704; 8:00 a.m. to 5:00 p.m. (central time) Monday through
Friday, 512-416-2734; email: carlos.swonke@txdot.gov.
SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and
other 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 the Federal agencies on
a project, and the laws under which such actions were taken, are
described in the documented environmental assessments (EAs) issued in
connection with the project, and in other FHWA project records. The EAs
and other documents from the FHWA project record files for the listed
projects are available by contacting the FHWA or TxDOT at the addresses
provided above.
This notice applies to all Federal agency decisions on the listed
projects as of the issuance date of this notice and all laws under
which such actions were taken. This notice does not apply to the U.S.
Army Corps of Engineering (USACE) permitting process for these
projects, because no USACE permits have been issued for any of the
projects to date. The laws under which Federal agency decisions were
made on the projects listed in this notice include, but are not limited
to:
1. General: National Environmental Policy Act (NEPA) [42 U.S.C.
4321-4351]; Federal-Aid Highway Act (FAHA) [23 U.S.C. 109 and 128].
2. Air: Clean Air Act (CAA), 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].
4. Wildlife: Endangered Species Act (ESA) [16 U.S.C. 1531-1544 and
Section 1536], Migratory Bird Treaty Act (MBTA) [16 U.S.C. 703-712].
5. Historic and Cultural Resources: Section 106 of the National
Historic Preservation Act of 1966, as amended (106) [16 U.S.C. 470(f)
et seq.]; Archeological Resources Protection Act of 1979 (ARPA) [16
U.S.C. 470(aa)-470(11)]; Archeological and Historic Preservation Act
(AHPA) [16 U.S.C. 469-469(c)]; Native American Grave Protection and
Repatriation Act (NAGPRA) [25 U.S.C. 3001-3013]
6. Social and Economic: Civil Rights Act of 1964 (Civil Rights) [42
U.S.C. 2000(d)-2000(d)(1)]; American Indian Religious Freedom Act
(AIRF) [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); Rivers and Harbors Act of
1899 (RHA), 33 U.S.C. 401-406; Safe Drinking Water Act (SDWA) [42
U.S.C. 300(f)-300(j)(6); Emergency Wetlands Resources Act (EWRA) [16
U.S.C. 3921, 3931]; Wetlands Mitigation (WM) [23 U.S.C. 103(b)(6)(M)
and 133(b)(11); Flood Disaster Protection Act (FDPA) [42 U.S.C. 4001-
4128].
8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988
Floodplain Management; E.O. 13007 Indian Sacred Sites; E.O. 13287
Preserve America; E.O. 13175 Consultation and Coordination with Indian
Tribal Governments; E.O. 12898 Federal Actions to Address Environmental
Justice in Minority Populations and Low Income Populations; E.O. 13112
Invasive Species and the Executive Memorandum on Beneficial
Landscaping; and E.O. 13166, Improving Access to Services for Persons
with Limited English Proficiency.
The projects subject to this notice are:
(1) Project location: The 10.8 mile section of Interstate Highway
(IH) 35W North study limits extend from State Highway (SH) 114 in
Denton County to IH 820 in Tarrant County Texas. The proposed
improvements extend from south of SH 114 at Eagle Parkway to IH 820.
Project reference number: TxDOT Control Section Job numbers (CSJs):
0014-16-252, 0014-16-255, 0081-12-041 & 0081-13-904.
Project Type: The various ultimate lane configurations of the three
sections of the roadway are described as follows:
From Eagle Parkway to US 81/287, the proposed project will
consist of reconstructing and widening the roadway to a 10-lane
facility consisting of three general purpose lanes (non-toll) in each
direction and a barrier-separated four-lane concurrent managed (toll)
lane facility (two lanes in each direction). The concurrent managed
(toll) lane facility will be centered between the general purpose lanes
(non-toll). Auxiliary lanes will be constructed between entrance and
exit ramps along the roadway and two/three lane frontage roads in each
direction with bicycle accommodation will be constructed. Direct
connectors from IH 35W to SH 170 will also be constructed.
From US 81/287 to Basswood Boulevard, the proposed project
will consist of reconstructing and widening the roadway to a 12-lane
facility consisting of four general purpose lanes (non-toll) in each
direction and a barrier-separated four-lane concurrent managed (toll)
lane facility (two lanes in each direction). The concurrent managed
(toll) lane facility will be centered between the general purpose lanes
(non-toll). Auxiliary lanes will be constructed between entrance and
exit ramps along the roadway and two/three/four-lane frontage roads in
each direction with bicycle accommodation will be constructed
throughout this section. Direct connectors to/from US 81/287 from IH
35W managed (toll) lanes will be constructed.
From Basswood Boulevard to IH 820, the proposed project
will consist of reconstructing and widening the
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roadway to a 14-lane facility consisting of four general purpose lanes
(non-toll) in each direction and a barrier-separated six-lane
concurrent managed (toll) lane facility (three lanes in each
direction). The concurrent managed (toll) lane facility will be
centered between the general purpose lanes (non-toll). Auxiliary lanes
will be constructed between entrance and exit ramps along the roadway
and two/three/four-lane frontage roads in each direction with bicycle
accommodation will be constructed throughout this section.
The proposed project does not include improvements to the IH 35W/IH
820 interchange. The interchange (extending from the centerline of IH
820 to 825 feet north of Fossil Creek Boulevard) will be constructed as
part of the IH 820 improvement project that was approved by FHWA on
December 30, 2008.
Final actions taken under: NEPA, FAHA, CAA, Section 106, ESA, MBTA,
ARPA, AHPA, NAGPRA, Civil Rights Act of 1964, RHA, Section 401, AIRF,
FPPA, SDWA, EWRA, WM, FDPA, E.O. 11990, E.O. 11988, E.O. 13007, E.O.
13287, E.O. 13175, E.O. 12898, E.O. 13112 and E.O. 13166.
FHWA NEPA documents: A Finding of No Significant Impact (FONSI) was
issued by FHWA on March 19, 2012. The EA, FONSI and other documents in
the administrative record are available by contacting the FHWA or TxDOT
at the addresses provided above or at: http://txdot.gov/project_information/projects/fort_worth/north_tarrant_express/environmental_studies.htm.
(2) Project Location: A 5.4 mile section along IH 35W South from IH
820 to IH 30, and includes improvements along US 287 from IH 35W to IH
30 and along SH 121 from Riverside Drive to Belknap Street/Weatherford
Street in downtown Fort Worth in Tarrant County Texas. The proposed
project construction limits extend along IH 35W from just north of
Meacham Boulevard to just north of IH 30, along SH 121 from Riverside
Drive west to IH 35W, along US 287 from IH 35W to IH 30, and from IH
35W west along Belknap Street and Weatherford Street to their crossing
with the Burlington Northern Santa Fe Railroad (BNSF) in downtown Fort
Worth. Improvements to the interchanges at IH 820 and IH 30 are not
included in the proposed project, but improvements to the SH 121 and US
287 interchanges are included.
Project reference number: TxDOT CSJs: 0014-16-179 & 0014-16-268.
Project type:
On IH 35W from IH 820 to IH 30, the proposed project will
consist of 8 general purpose lanes plus auxiliary lanes (non-toll),
four/two-lanes concurrent High Occupancy Vehicles (HOV)/managed lanes
(toll) and auxiliary lanes, four/six/eight-lanes continuous and
discontinuous frontage road lanes (that includes auxiliary lanes near
ramp locations and cross streets).
Along US 287 from IH 35W to IH 30, the project will
consist of 6 general purpose lanes (non-toll), two concurrent HOV/
managed lanes (toll) and two lanes discontinuous frontage road lanes
(that includes two-way northbound frontage road from Cypress Street to
4th Street).
On SH 121 from IH 35W to Riverside Drive, the project will
consist of 8 general purpose lanes (non-toll), continuous frontage
roads for the length of the improvement on SH 121 and direct connectors
will be provided to IH 35W north and south with local access to
Belknap-Weatherford Streets.
The proposed project does not include improvements to the IH 35W/IH
820 interchange. The interchange (extending from the centerline of IH
820 to 825 feet north of Fossil Creek Boulevard) will be constructed as
part of the IH 820 improvement project that was approved by FHWA on
December 30, 2008.
Final actions taken under: NEPA, FAHA, CAA, Section 4(f), Section
106, ESA, MBTA, ARPA, AHPA, NAGPRA, Civil Rights Act of 1964, AIRF,
FPPA, SDWA, EWRA, WM, FDPA, RHA, Section 401, E.O. 11990, E.O. 11988,
E.O. 13007, E.O. 13287, E.O. 13175, E.O. 12898, E.O. 13112 and E.O.
13166.
FHWA NEPA documents: A Finding of No Significant Impact (FONSI) and
Section 4(f) de minimis determination was issued by FHWA on August 24,
2012. The EA, FONSI and other documents in the administrative record
are available by contacting the FHWA or TxDOT at the addresses provided
above or at: http://txdot.gov/project_information/projects/fort_worth/north_tarrant_express/environmental_studies.htm.
(3) Project Location: The IH 35E North section from FM 2181 to US
380 is approximately 11 miles in length located in Denton County Texas.
Project reference number: TxDOT CSJs: 0195-03-050, 0195-03-071,
0195-03-075, 0196-01-056 & 0196-01-074.
Project Type: The proposed improvements include reconstruction of
existing 4 lanes to eight mainlanes (four in each direction); two to
four concurrent tolled HOV/managed lanes in the center median (one to
two in each direction) of IH 35E; and two-, three- and four-lane
continuous frontage roads in each direction along the entire project.
Final actions taken under: NEPA, FAHA, CAA, Section 106, ESA, MBTA,
ARPA, AHPA, NAGPRA, Civil Rights Act of 1964, AIRF, FPPA, SDWA, EWRA,
WM, FDPA, RHA, Section 401, E.O. 11990, E.O. 11988, E.O. 13007, E.O.
13287, E.O. 13175, E.O. 12898, E.O. 13112 and E.O. 13166.
FHWA NEPA documents: A Finding of No Significant Impact (FONSI) was
issued by FHWA on January 31, 2012. The EA, FONSI and other documents
in the administrative record are available by contacting the FHWA or
TxDOT at the addresses provided above or at: http://www.keepitmovingdallas.com/projects/interstate-highways/ih-35e-from-ih-635-to-us-380/schematics-and-environmental-documents.
(4) Project Location: The IH 35E Middle section from President
George Bush Turnpike (PGBT) to FM 2181 is approximately 12 miles in
length located in Denton and Dallas County Texas.
Project reference number: TxDOT CSJs: 0196-02-068, 0196-01-096,
0196-02-073, 0196-02-114, and 0196-03-245.
Project Type: The proposed improvements include reconstruction of
existing 6 lanes to eight mainlanes (four in each direction); two to
four lane collector distributor (each direction) from PGBT to north of
SH 121; four concurrent tolled HOV/managed lanes in the center median
(two in each direction) of IH 35E; and two, three and four-lane
continuous frontage roads in each direction along the entire project.
Final actions taken under: NEPA, FAHA, CAA, Section 4(f), Section
106, ESA, MBTA, ARPA, AHPA, NAGPRA, Civil Rights Act of 1964, AIRF,
FPPA, SDWA, EWRA, WM, FDPA, RHA, Section 401, E.O. 11990, E.O. 11988,
E.O. 13007, E.O. 13287, E.O. 13175, E.O. 12898, E.O. 13112 and E.O.
13166.
FHWA NEPA documents: A Finding of No Significant Impact (FONSI) and
approvals of Programmatic Section 4(f) Net Benefits was issued by FHWA
on January 28, 2011, and a FONSI by the U.S. Army Corps of Engineers on
February 2, 2011. The EA, FONSIs and other documents in the
administrative record are available by contacting the FHWA or TxDOT at
the addresses provided above or at: http://www.keepitmovingdallas.com/projects/interstate-highways/ih-35e-from-ih-635-to-us-380/schematics-and-environmental-documents.
(5) Project Location: The IH 35E South section from IH 635 to
President George Bush Turnpike (PGBT) is approximately
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5 miles in length located in Dallas County Texas.
Project reference number: TxDOT CSJs: 0196-03-138, 0196-03-180, and
0196-03-240.
Project Type: The proposed improvements include reconstruction of
existing 6 lanes to eight mainlanes (four in each direction); two- to
four-lane collector distributor (each direction) from Sandy Lake Road/
Whitlock Lane to PGBT; four concurrent tolled HOV/managed lanes in the
center median (two in each direction) of IH 35E; and two-, three- and
four-lane continuous frontage roads in each direction along the entire
project.
Final actions taken under: NEPA, FAHA, CAA, ESA, MBTA, Section 106,
ARPA, AHPA, NAGPRA, Civil Rights Act of 1964, AIRF, FPPA, SDWA, EWRA,
WM, FDPA, RHA, Section 401, E.O. 11990, E.O. 11988, E.O. 13007, E.O.
13287, E.O. 13175, E.O. 12898, E.O. 13112 and E.O. 13166.
FHWA NEPA documents: A Finding of No Significant Impact (FONSI) was
issued by FHWA on December 28, 2011. The EA, FONSI and other documents
in the administrative record are available by contacting the FHWA or
TxDOT at the addresses provided above or at: http://www.keepitmovingdallas.com/projects/interstate-highways/ih-35e-from-ih-635-to-us-380/schematics-and-environmental-documents.
(6) Project Location: The SH 183 from SH 360 to IH 35E is
approximately 8 miles in length located in Tarrant and Dallas Counties
Texas.
Project reference number: TxDOT CSJs: 0094-03-065, 0094-07-015, and
0094-07-020.
Project Type: The proposed improvements include reconstruction of
existing six lanes to eight mainlanes (four in each direction); four to
six concurrent tolled HOV/managed lanes (two to three in each
direction); and two- to three-lane continuous frontage roads in each
direction along the entire project. The design process produced
additional mainlanes, continuous frontage roads in each direction along
the corridor, addition of HOV/managed lanes in the center median, and
no conversion of existing mainlanes into tolled HOV/managed lanes.
Final actions taken under: NEPA, FAHA, CAA, Section 4(f), Section
106, ESA, MBTA, ARPA, AHPA, NAGPRA, Civil Rights Act of 1964, AIRF,
FPPA, SDWA, EWRA, WM, FDPA, RHA, Section 401, E.O. 11990, E.O. 11988,
E.O. 13007, E.O. 13287, E.O. 13175, E.O. 12898, E.O. 13112 and E.O.
13166.
FHWA NEPA documents: A Finding of No Significant Impact (FONSI) was
issued by FHWA on February 10, 2004. The reevaluation and public
involvement conducted thus far indicated no additional environmental
concerns have been identified. Therefore, on April 9, 2012, FHWA
concurred that the original FONSI issued on February 10, 2004 remains
valid for the approved EA. The EA, FONSI and other documents in the
administrative record are available by contacting the FHWA or TxDOT at
the addresses provided above or at: http://www.keepitmovingdallas.com/projects/state-highways/sh-183.
(7) Project Location: Dallas Horseshoe Project includes
improvements along IH 30 from Sylvan Avenue to west of IH 45 and along
IH 35E, and from 8th Street to IH 30. The project is approximately 5
miles in length and is located in Dallas County Texas.
Project reference number: TxDOT CSJs: 0196-03-205, 0442-02-118,
0442-02-132, 1068-04-099, 1068-04-116, and 0009-11-226.
Project Type: The project consists mainly of the replacement of the
IH 30 and IH 35E bridge structures that cross the Dallas Floodway and
the reconstruction of the IH 35E at IH 30 interchange commonly known as
the Mixmaster. The proposed improvements would include the addition of
general purpose lanes, collector distributor roads, access ramps, and
direct connection ramps. Other improvements include the continuous
frontage roads, the extension of the existing reversible HOV lane along
IH 35E, and cross street improvements. The proposed project would also
accommodate pedestrian and bicycle facilities. The main components of
the proposed project are described as follows:
IH 30 and IH 35E Bridge Replacement: The existing IH 30
bridge structures would be replaced with four new bridge structures
each (two structures for the mainlanes and two structures for the
frontage roads). Each IH 30 mainlane bridge would consist of five
travel lanes. Each frontage road bridge would include two lanes. The IH
35E bridge structures would also be replaced with four new bridge
structures. The IH 35E northbound bridges would consist of three travel
lanes, two reversible HOV lanes, separated from the mainlanes by an
outside shoulder and a concrete traffic barrier; five collector
distributor lanes, and a sidewalk. The IH 35E southbound bridges would
consist of four travel lanes, four collector distributor lanes, and a
sidewalk along the outside of the collector distributor road.
Interchange reconstruction: The Mixmaster would be
reconstructed to include new direct connectors, collector distributor
lanes, mainlanes, reversible HOV lanes, and extension of the IH 30
frontage road which would include one outside lane for shared-use for
bikes and vehicles, and a sidewalk. The existing HOV lane within the
Mixmaster would be widened from one to two lanes and extended
approximately 1,900 feet north to Reunion Boulevard.
Cross street improvements proposed at Beckley Avenue,
Riverfront Boulevard, and Colorado Boulevard. Beckley Avenue would
include reconstruction of the existing U-turn lane, the addition of
sidewalks on both sides of the street, and an outside shared-use lane
to accommodate bicycle traffic which would intersect with the Coombs
Creek Trail Extension. The proposed improvements along Riverfront
Boulevard would include a sidewalks and outside shared-use lanes for
bikes and vehicles. The proposed improvements along Colorado Boulevard
include the replacement of the half cloverleaf interchange and the
realignment of Colorado Boulevard with full reconstruction.
Final actions taken under: NEPA, FAHA, CAA, ESA, MBTA, Section 106,
ARPA, AHPA, NAGPRA, Civil Rights Act of 1964, AIRF, FPPA, SDWA, EWRA,
WM, FDPA, RHA, Section 401, Supplemental Appropriations Act, 2010, Pub.
L. No. 111-212, Sec. 405, 124 Stat. 2302, 2314 (2010), E.O. 11990,
E.O. 11988, E.O. 13007, E.O. 13287, E.O. 13175, E.O. 12898, E.O. 13112
and E.O. 13166.
FHWA NEPA documents: A Finding of No Significant Impact (FONSI) was
issued by FHWA on September 18, 2012. The EA, FONSI and other documents
in the administrative record are available by contacting the FHWA or
TxDOT at the addresses provided above or at: http://www.keepitmovingdallas.com/public-hearings/2012/dallas-horseshoe-project-ih30-ih35e.
(Catalog of Federal Domestic Assistance Program Number 20.205,
Highway Planning and Construction. The regulations implementing
Executive Order 12372 regarding intergovernmental consultation on
Federal programs and activities apply to this program.)
Authority: 23 U.S.C. 139(l)(1), as amended by Moving Ahead for
Progress in the 21st Century Act (MAP-21), Pub. L. 112-141, Sec.
1308, 126 Stat. 405 (2012).
Issued on: October 4, 2012.
Achille Alonzi,
Assistant Division Administrator, Austin, Texas.
[FR Doc. 2012-25004 Filed 10-10-12; 8:45 am]
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