Notice of Final Federal Agency Actions on Proposed Highway Projects in Texas |
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Michael T. Leary
Federal Highway Administration
12 October 2018
[Federal Register Volume 83, Number 198 (Friday, October 12, 2018)]
[Notices]
[Pages 51760-51763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21719]
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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.
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SUMMARY: 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 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 statute and a Memorandum of
Understanding dated December 16, 2014, and executed by FHWA and TxDOT.
The actions relate to various proposed highway projects in the State of
Texas. Those 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 project will be
barred unless the claim is filed on or before March 11, 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:
carlos.swonke@txdot.gov. TxDOT's normal business hours are 8:00 a.m.-
5:00 p.m. (central time), Monday through Friday.
SUPPLEMENTARY INFORMATION: This notice announces actions taken by TxDOT
and Federal agencies that are final within the meaning of 23 U.S.C.
139(l)(1). 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.
The actions by TxDOT and Federal agencies and the laws under which
such actions were taken are described in the Categorical Exclusion (CE)
or Environmental Assessment (EA) issued in connection with the projects
and in other key project documents. The CE or EA, 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.)
[[Page 51761]]
The projects subject to this notice are:
1. IH 30 from Bass Pro Drive to Dalrock Road in Dallas and Rockwall
Counties, Texas. The proposed improvements would consist of the
construction of a continuous six-lane frontage road system crossing
Lake Ray Hubbard along IH 30 in Garland and Rowlett, Texas. The
improvements also include the construction of a new bridge for Bayside
Drive, a southbound Dalrock Bypass to eastbound IH 30 frontage road,
the reconstruction of the interchange at Dalrock Road, and associated
ramp modifications. The proposed project would consist of three
frontage road lanes in each direction with two 12-foot inside travel
lanes and one outside 14-foot shared use lane with curb and gutter and
associated entrance and exit ramp alignment modifications. An 8-foot
sidewalk would be constructed along the westbound outer lane of the
frontage road for pedestrian accommodation. A 12-foot shared-use path
would be constructed along the eastbound outer frontage road lane for
both bicyclists and pedestrian accommodation. The length of the
proposed project is approximately 2.51 miles. The purpose of the
proposed project is to reduce traffic congestion, improve mobility and
enhance safety in the project area. The actions by TxDOT and Federal
agencies and the laws under which such actions were taken are described
in the documentation supporting the Categorical Exclusion (CE)
Determination approved on September 7, 2018, and other documents in the
TxDOT project file. The CE Determination 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.
2. U.S. 281 from FM 3248 to FM 1421 in Cameron County. The proposed
project would widen U.S. 281 within the described limits from two to
four lanes, with intermittent right-turn lanes and dedicated center
left-turn lanes at major intersections. The proposed project is
approximately 5.2 miles in length, and the purpose of the project is to
improve mobility and increase the operational efficiency of US 281. 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 December 10, 2015, the Finding of No Significant
Impact (FONSI) issued on December 10, 2015, 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 Pharr District Office at 600 W U.S. Expressway 83,
Pharr, TX 78577-1231; telephone: (956) 702-6102. The EA and FONSI can
also be viewed and downloaded from the following website: https://www.txdot.gov/inside-txdot/projects/studies/pharr/us281-military.html.
3. U.S. 83 Relief Route at La Joya/Penitas from 0.85 Mile East of
FM 886 (El Faro Road) to 0.28 Mile West of Showers Road, Hidalgo
County. The ultimate proposed project consists of four main lanes, with
two 12-foot main lanes in each direction with 4-foot wide inside
shoulder and 10-foot wide outside shoulder. Additional elements include
frontage roads consisting of two 12-foot wide lanes in each direction
with 4-foot wide inside shoulder and 10-foot wide outside shoulder
(Phase I); three overpasses; controlled access ramps providing
connectivity between frontage roads and main lanes, and direct
connectors between existing U.S. 83 and the proposed U.S. 83 Relief
Route. The project length is approximately 9.24 miles. The purpose of
the proposed project is to reduce congestion, improve mobility and
safety, and improve corridor connectivity. 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
February 3, 2015, the Finding of No Significant Impact (FONSI) issued
on February 3, 2015, 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 Pharr
District Office at 600 W U.S. Expressway 83, Pharr, TX 78577-1231;
telephone: (956) 702-6102.
4. FM 494 (Shary Road) from SH 107 to FM 1924 (Mile 3 North Road),
Hidalgo County. The proposed project would widen and reconstruct FM 494
(Shary Road) for a distance of approximately 4.4 miles within the
described limits. The proposed project would provide a roadway with
four 12-foot wide travel lanes, two 10-foot wide shoulders, and a 16-
foot wide continuous left turn lane within a proposed 120-foot wide
right-of-way. The purpose of the proposed project is to improve
mobility, provide pedestrian accommodations, and complete the roadway
network. 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, 2017, the Finding of No
Significant Impact (FONSI) issued on April 26, 2017, 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 Pharr District Office at 600 W U.S.
Expressway 83, Pharr, TX 78577-1231; telephone: (956) 702-6102. The EA
and FONSI can also be viewed and downloaded from the following website:
https://www.txdot.gov/inside-txdot/get-involved/about/hearings-meetings/pharr/051217.html.
5. Owassa Road from Jackson Road to I-69C, Hidalgo County. The
proposed project involves widening the existing facility to a four-lane
major collector, comprising an 11-foot inside travel lane in each
direction, a 14-foot shared-use outside lane in each direction, a 12-
foot continuous center left-turn lane, and five-foot sidewalks on each
side of the roadway. The project length is 1.1 miles. The project
purpose is to correct existing design deficiencies and allow for a more
continual flow of traffic than currently exists, as well as to improve
the existing drainage system. 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 December 15, 2015, the
Finding of No Significant Impact (FONSI) issued on December 15, 2015,
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 Pharr District Office at 600
W U.S. Expressway 83, Pharr, TX 78577-1231; telephone: (956) 702-6102.
6. Mile 6 West Road from Mile 9 North to SH 107, Hidalgo County.
The proposed project would widen the existing roadway from two to four
lanes for a distance of 7.5 miles. The two mile urban section, from
Mile 9 North to Mile 11 North, would consist of an urban curb and
gutter section with four 12-foot wide travel lanes (two in each
direction,) a 14-foot continuous center left turn lane, 10-foot
shoulders, six-foot wide sidewalks on both sides of the road and a
storm sewer drainage system. The remaining 5.5 mile rural section, from
Mile 11 North to SH 107, would accommodate four 11-foot travel lanes
(two in each direction), center turn lane at intersections, and 8-foot
shoulders. The project is proposed to address current and projected
transportation demands, facility deficiencies, and to improve safety.
The actions by TxDOT and Federal agencies and the laws under which such
actions were taken are described in the Final
[[Page 51762]]
Environmental Assessment (EA) approved on December 15, 2015, the
Finding of No Significant Impact (FONSI) issued on December 15, 2015,
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 Pharr District Office at 600
W U.S. Expressway 83, Pharr, TX 78577-1231; telephone: (956) 702-6102.
7. Liberty Boulevard from U.S. 83 to FM 2221, Hidalgo County. The
proposed project involves construction of a 69-foot wide five lane
urban roadway consisting of a 14-foot wide continuous center turn lane,
two 12-foot wide inside travel lanes, two 14-foot wide outside shared
use lanes, and a five foot wide sidewalk on the west side of the
roadway from U.S. 83 to Mile 3 Road (Phase I), and a 44-foot wide rural
roadway consisting of two 12 foot wide travel lanes and two 10-foot
wide shoulders from Mile 3 Road to FM 2221 (Phase II). The length of
the proposed project is approximately 6.2 miles. The purpose of the
proposed project is to develop long-term transportation improvements
along this corridor and in the region, and to alleviate congestion and
improve circulation. 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 September 29, 2015, the
Finding of No Significant Impact (FONSI) issued on September 29, 2015,
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 Pharr District Office at 600
W U.S. Expressway 83, Pharr, TX 78577-1231; telephone: (956)702-6102.
8. Dicker Road from Spur 115 (23rd Street) to FM 2061 (South
Jackson Road), Hidalgo County. The proposed project involves widening
Dicker Road from two lanes with roadside ditches to a curb and gutter
section with two 12-foot wide travel lanes, two 14-foot wide outside
shared use lanes, and a 14-foot wide continuous left-turn lane. The
length of the proposed project is 2.56 miles. The project is proposed
to reduce congestion and enhance safety by accommodating projected
traffic volumes. 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 January 25, 2016, the Finding
of No Significant Impact (FOSNI) issued on January 25, 2016, 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 Pharr District Office at 600 W U.S.
Expressway 83, Pharr, TX 78577-1231; telephone: (956)702-6102.
9. Mile 3 North Road from FM 492 to FM 2221 in Hidalgo County. The
proposed project involves: Widening and reconstructing the existing
Mile 3 North Road to a four lane roadway from FM 492 to Tom Gill Road
(Section I), a distance of 3.5 miles; extending Mile 3 North Road as a
two lane roadway on new location from Tom Gill Road to FM 2221 (Section
II), a distance of 2.5 miles; realigning the FM 492 (Goodwin Road)
intersection; and providing a new location drainage outfall. The
project is located partially in Pe[ntilde]itas, Texas and the remainder
is in Hidalgo County, Texas jurisdiction. The purpose of the project is
to improve mobility and drainage, as well as enhance the local and
regional transportation network. 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 7, 2017,
the Finding of No Significant Impact (FONSI) issued on April 7, 2017,
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 Pharr District Office at 600
W U.S. Expressway 83, Pharr, TX 78577-1231; telephone: (956)702-6102.
10. FM 2220 (Ware Road) from Auburn Avenue (Mile 5) to FM 1924
(Mile 3/Buddy Owens), Hidalgo County. The proposed project will widen
and reconstruct the rural roadway to a 101-foot wide urban roadway with
six 11.5-foot wide travel lanes, two eight foot wide shoulders, a 14-
foot wide raised median with directional openings, and five foot wide
sidewalks on both sides of the roadway within a 120 foot right-of-way.
The project length is two miles. The purpose of the proposed project is
to reduce congestion, improve mobility, enhance safety and provide
improved traffic flow. 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 September 29, 2015, the
Finding of No Significant Impact (FONSI) issued on September 29, 2015,
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 Pharr District Office at 600
W U.S. Expressway 83, Pharr, TX 78577-1231; telephone: (956)702-6102.
11. SH 365 from FM 1016/Conway Avenue to U.S. 281/Military Highway,
Hidalgo County. The proposed project involves construction of an
interim four-lane divided controlled access toll facility, with an
ultimate facility consisting of six travel lanes divided by a flushed
median with concrete barrier. The 16.53 mile long proposed toll
facility would be constructed on new location within a typical 300-foot
right-of-way, varying from 160- to 400-foot. Also included are non-toll
improvements along U.S. 281/Military Highway and a 0.70 mile long one-
lane connector to the Pharr Border Safety Inspection Facility. The
purpose of the proposed facility is to improve east-west mobility and
interconnectivity to distribute traffic between existing and planned
border crossings; to reduce community disruption south of I-2/U.S. 83
associated with increased freight movement; and address safety concerns
within the arterial and local street network. 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 July
2, 2015, the Finding of No Significant Impact (FONSI) issued on July 2,
2015, 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 Pharr District Office
at 600 W U.S. Expressway 83, Pharr, TX 78577-1231; telephone: (956)702-
6102.
12. Interstate Highway (IH) 635 (LBJ Freeway--East Section) from
U.S. 75 to IH 30 in Dallas County. The proposed improvements would
include the addition of one 12-foot general purpose lane in each
direction for a total of ten general purpose lanes. The proposed
project would also include the addition of one managed lane in each
direction, located between the eastbound and westbound general purpose
lanes in the median from east of U.S. 75 to Royal Lane/Miller Road for
a total of four manage lanes, and the addition of one express lane in
each direction, located in the median between the eastbound and
westbound general lanes from Royal Lane/Miller Road to north of I-30
interchange for a total of four express lanes. Two and three lane
frontage roads would be added to link the non-continuous frontage roads
in each direction and reconstruct the existing frontage roads to
accommodate other corridor improvements. All arterial street
overcrossings and undercrossings
[[Page 51763]]
would be reconstructed. The interchange at IH 30 and IH 635 would also
be reconstructed. The length of the proposed project is approximately
11 miles. The purpose of the proposed project is to provide traffic
congestion relief on the IH 635 facility and on the surrounding
arterial street system. 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 January 30, 2003, Finding of
No Significant Impact (FONSI) issued on January 30, 2003 and other
documents in the TxDOT project file. The most recent project
reevaluation was approved on April 24, 2017. The EA 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.
Authority: 23 U.S.C. 139(l)(1).
Issued on: October 1, 2018.
Michael T. Leary,
Director, Planning and Program Development, Federal Highway
Administration.
[FR Doc. 2018-21719 Filed 10-11-18; 8:45 am]
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