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Notice of Final Federal Agency Actions on Proposed Highway Projects in Texas Publication: Federal Register Agency: Federal Highway Administration Byline: Michael T. Leary Date: 15 December 2023 Subjects: American Government  , The Environment, Roads & Highways
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[Federal Register Volume 88, Number 240 (Friday, December 15, 2023)]
[Notices]
[Pages 87047-87049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27546]
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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: 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.
[[Page 87048]]
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 May 13, 2024. 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: Patrick Lee, Environmental Affairs
Division, Texas Department of Transportation, 125 East 11th Street,
Austin, Texas 78701; telephone: (512) 416-2358; email:
Patrick.Lee@txdot.gov. TxDOT's normal business hours are 8 a.m.-5 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 9,
2019, 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 the local TxDOT office at the
address or telephone number provided for each project below.
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. US 79 at Little Brazos River, Robertson County, Texas. The
project will replace and widen the existing US 79 bridge and approaches
over the Little Brazos River. Additional roadway improvements include
reconstruction of the base and roadway ditch grading, structure
widening, and drainage restoration and improvements. The project is
1.441 miles long on US 79 southwest of Hearne, TX. Starting at the
northeast limits of the project, an existing culvert will be
reconstructed, and an existing concrete-lined drainage channel will be
reconstructed. This work will extend an additional 0.48 mile and will
include driveway construction over the proposed ditch. Additional work
on FM 50 where it intersects with US 79 will be 0.12 mile long. 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 September 5, 2023, and other documents in the
TxDOT project file. The Categorical Exclusion Determination and other
documents in the TxDOT project file are available by contacting the
TxDOT Bryan District Office at 2591 North Earl Rudder Freeway, Bryan,
Texas 77803; telephone: (979) 778-2165.
2. SH 178 from the Texas/New Mexico state line to the SH 178/I-10
interchange, El Paso County, Texas. The project will include four
direct connectors at the interchange of I-10 and SH 178. Between I-10
and SH 20 (Doniphan Drive) improvements include access control
measures, reconstruction, and extension of existing frontage roads in
both directions. The project will also include grade-separated
interchanges along SH 178 at Upper Valley Road and Westside Drive, with
four elevated lanes constructed over these intersections, and entrance
and exit ramps connecting with two-lane access roads. The total project
length is approximately three miles. 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 October 3, 2023,
and other documents in the TxDOT project file. The Categorical
Exclusion Determination and other documents in the TxDOT project file
are available by contacting the TxDOT El Paso District Office at 13301
Gateway West, El Paso, TX 79928; telephone: (915) 790-4341.
3. SH 6 at the BNSF railroad, Brazoria County, Texas. The project
will reconstruct the pump station and install a new stormwater
detention on SH 6 at the BNSF railroad near Avenue C/Perry Lane. 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 October 5, 2023, and other documents in the
TxDOT project file. The Categorical Exclusion Determination and other
documents in the TxDOT project file are available by contacting the
TxDOT Houston District Office at 7600 Washington Avenue, Houston, TX
77007; telephone: (713) 802-5000.
4. US 183 from RM 1431 to Avery Ranch Boulevard, Williamson County,
Texas. The improvements include the
[[Page 87049]]
construction of two to four continuous northbound and southbound
general purpose lanes adjacent to the 183A tollway, as well as a
shared-use path on the northbound side of the roadway. Exit and
entrance ramps would also be reconstructed to connect the existing 183A
toll facility to the general purpose lanes. No improvements are
proposed on the adjacent 183A tollway. The project is approximately
2.83 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 October 9, 2023, and
other documents in the TxDOT project file. The Categorical Exclusion
Determination and other documents in the TxDOT project file are
available by contacting the TxDOT Austin District Office at 7901 North
I-35, Austin, TX 78753; telephone: (512) 832-7000.
5. Wheatland Road From Dallas/Lancaster County Line to University
Hills Boulevard, Dallas County, Texas. The proposed roadway will be a
new location undivided roadway realigning Wheatland Road. The project
will accommodate four 12-foot-wide travel lanes (two in each
direction), with dedicated 5-foot-wide bike lanes and 5-foot-wide
sidewalks along both sides of the roadway within an 80-foot-wide right-
of-way to match the previous improved section of Wheatland Rd east of
the proposed project. The realigned Killough Blvd. would include one
12-foot lane in either direction and a dedicated right-turn lane toward
Wheatland Road. The project is approximately 0.579 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 October 23, 2023, and other documents in the
TxDOT project file. The Categorical Exclusion Determination and other
documents in the TxDOT project file are available by contacting the
TxDOT Dallas District Office at 4777 E Highway 80, Mesquite, TX 75150;
telephone: (214) 320-4480.
6. State Loop (SL) 335 realignment at SH 136 intersection in Potter
County, Texas. The project will extend along SL 335 from approximately
0.58 mile south of the SH 136 intersection to approximately 0.365 mile
north of the intersection, for a total project length of approximately
0.94 mile. Entrance and exit ramps on SL 335 north of SH 136 will be
reconfigured to eliminate the jug handles so that the frontage roads
tie straight into SH 136. Eastbound SH 136 west of the intersection
will add a 12-foot-wide right turn lane for traffic turning south onto
southbound SL 335. New frontage roads for SL 335 northbound and
southbound traffic south of SH 136 will be constructed adjacent to the
SL 335 main lanes. The areas north of SH 136 where jug handles will be
removed will be shaped and reseeded. Lakeside Drive north of SH 136
will no longer be connected to the SL 335 roadway. 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
October 27, 2023, and other documents in the TxDOT project file. The
Categorical Exclusion Determination and other documents in the TxDOT
project file are available by contacting the TxDOT Amarillo District
Office at 5715 Canyon Drive, Amarillo, TX 79110; telephone: (806) 356-
3200.
7. FM 428 from Dallas Parkway to SH 289/Preston Road, Collin
County, Texas. The project will include the realignment and widening of
the roadway within the project limits. Improvements will consist of
four 12-foot-wide lanes (ultimate six) with an 18-foot-wide raised
median, and 10-foot-wide sidewalks along both sides of the road. The
project will include a bridge over Doe Branch and an overpass over the
BNSF tracks. The project is approximately 1.8 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 November 10, 2023, and other documents in the
TxDOT project file. The Categorical Exclusion Determination and other
documents in the TxDOT project file are available by contacting the
TxDOT Dallas District Office at 4777 E Highway 80, Mesquite, TX 75150;
telephone: (214) 320-4480.
8. Hachar-Reuthinger Road, from FM 1472 to I-35 Southbound Frontage
Road, Webb County, Texas. The proposed Hachar-Reuthinger Road will
provide a new roadway on new location for approximately 8.4 miles from
FM 1472 (aka Mines Road) northbound lane east to the southbound
(western) frontage road of I-35 approximately two miles north of the I-
35/Beltway Parkway/Uniroyal Drive overpass. The proposed roadway will
consist of a four-lane divided facility with two lanes of travel in
each direction. The proposed roads will consist of two 12-foot-wide
travel lanes with four-foot-wide inside shoulders and 10-foot-wide
outside shoulders. Intersections with turnarounds will be constructed
at the intersection of the future Beltway Parkway and at two additional
locations based upon the City of Laredo Thoroughfare Plan. These two
currently unidentified intersections will be located approximately 2.4
miles east of Mines Road/FM 1472 intersection, and approximately 1.5
mile northeast of the Hachar Road/Beltway Parkway. A westbound
turnaround will be constructed approximately 0.16 mile east of the FM
1472/Hachar-Reuthinger Road intersection. The actions by TxDOT and
Federal agencies and the laws under which such actions were taken are
described in the Final Environmental Assessment (EA), the Finding of No
Significant Impact (FONSI) issued on September 20, 2023, and other
documents in the TxDOT project file. The EA, FONSI, and other documents
in the TxDOT project file are available by contacting the TxDOT Laredo
District Office at 1817 Bob Bullock Loop, Laredo, TX 78043; telephone:
(956) 712-7402.
9. FM 517 from SH 35 to I-45 in Brazoria and Galveston Counties,
Texas. The project will make improvements along 9.8 miles of FM 517.
Between SH 35 and FM 646 the improvements will include widening the
existing facility to four lanes with two 12-foot-wide travel lanes in
each direction. Between FM 646 and I-45, the improvements will add an
18-foot-wide raised median with turn lanes. The facility will also have
14-foot-wide shoulders and 10-foot-wide shared use paths on both sides
of the roadway. No sidewalks are proposed between FM 646 and I-45. The
roadway will be converted to curb and gutter system with open vegetated
ditches. There are no detention ponds proposed. The actions by TxDOT
and Federal agencies and the laws under which such actions were taken
are described in the Final Environmental Assessment (EA), the Finding
of No Significant Impact (FONSI) issued on October 30, 2023, and other
documents in the TxDOT project file. The EA, FONSI and, other documents
in the TxDOT project file are available by contacting the TxDOT Houston
District Office at 7600 Washington Avenue, Houston, TX 77007;
telephone: (713) 802-5000.
Authority: 23 U.S.C. 139(l)(1).
Michael T. Leary,
Director, Planning and Program Development, Federal Highway
Administration.
[FR Doc. 2023-27546 Filed 12-14-23; 8:45 am]
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