Notice2022-01448
Notice of Final Federal Agency Actions on Proposed Highway Projects in Texas
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 28, 2022
Issuing agencies
Transportation Department
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 19 (Friday, January 28, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Notices]
[Pages 4708-4711]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01448]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
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.
[[Page 4709]]
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 150 days from the date of
publication. 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:
<a href="/cdn-cgi/l/email-protection#411120353328222a6f0d2424013539252e356f262e37"><span class="__cf_email__" data-cfemail="4a1a2b3e3823292164062f2f0a3e322e253e642d253c">[email protected]</span></a>. 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 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. The Woodrow Road widening project extends from FM 1730 (Slide
Road) to US 87 in Lubbock County, Texas. TxDOT plans to widen Woodrow
Road by converting the existing two-way rural roadway to a five-lane
urban facility with right-turn lanes at major intersections. Shared-use
paths and sidewalks with ADA ramps will be constructed throughout the
project. This project is approximately 4.75 miles in length and will
improve transportation infrastructure to current design standards and
improve mobility in southern Lubbock County. 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 7, 2021, 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 Lubbock District
Office at 135 Slaton Road, Lubbock, Texas 79404; telephone (806)748-
4472.
2. SH 30 from 2,225-ft west of Gibbons Creek to 2,225-ft east of
Gibbons Creek, Grimes County, Texas. The project would replace a bridge
on SH 30 at Gibbons Creek. The proposed structure would be 86-ft wide
and 550-ft long and would incorporate bridge and approach rails that
meet current standards. The proposed bridge would be shifted slightly
north of the current alignment and the project would require 3.854 ac
of new right-of-way. The purpose of the proposed project is to improve
safety by bringing the bridge and approaches up to current standards.
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 23, 2021 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 Bryan District Office at
2591 North Earl Rudder Fwy, Bryan, TX 77803; telephone (979)778-9764.
3. Center Street from Kohlers Crossing to Burleson Street, Hays
County. The project proposes to replace existing UPRR rail siding
through downtown Kyle from Kohlers Crossing to Burleson Street. The
project is approximately two miles in length. The actions by TxDOT and
Federal agencies and the laws under which such actions were taken are
described in the Categorical
[[Page 4710]]
Exclusion Determination issued on October 1, 2021, 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.
4. FM 1560 from FM 471 to SH 16 in Bexar County, Texas. The project
includes expanding the existing roadway from two to four lanes with a
raised median or center turn lane and constructing bike lanes and
sidewalks along the entire length of the project. The project is
approximately 5.2 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 October 7, 2021,
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 San Antonio District Office at
4615 NW Loop 410, San Antonio, TX 78229; telephone (210) 615-5839.
5. William Cannon Drive from McKinney Falls Parkway to Running
Water Drive, Travis County. The project will improve William Cannon
Drive from a two-lane undivided urban roadway to a four-lane divided
urban roadway with bicycle and pedestrian accommodations. The project
is approximately 0.88 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 13, 2021,
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.
6. SH 80 from SH 123 to BU 181E, in Karnes County, Texas. The
purpose of the project is to improve mobility along SH 80 by widening
and rehabilitating SH 80 between SH 123 and BU 181E. The proposed
project would involve widening and reconstruction of the main lanes,
adding a continuous center left turn lane, and including pedestrian
accommodations and replacement of traffic signals in portions of the
project area, for approximately 1.8 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
15, 2021 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 Corpus Christi District Office at 1701 South Padre Island Drive,
Corpus Christi, TX 78416; telephone (361) 808-2500.
7. IH 45 Frontage Road Conversion and Ramp Relocation, 1.6 Miles
North of FM 27 to 1.5 Miles South of US 84, Freestone County, Texas.
Construction includes ramp reconfiguration, frontage road
rehabilitation, frontage road realignment, new location frontage road,
and intersection improvements. The project would encompass 107.8 acres
of disturbed construction activity. This project would require
approximately 6.44 acres of new ROW along the east side of the existing
ROW. There are four proposed northbound new location ramps as follows:
Exit ramps to Church Street, US 84, and FM 27. Also, a re-constructed
entrance ramp from FM 27. There are five proposed southbound ramps as
follows: New location, entrance ramp from Church Street, and new
location exit ramps to Church Street, to US 84, to FM 27 with a 2-way
westbound frontage road, and a new location exit ramp to the 2-way west
frontage road north of the FM 27 exit ramp. All ramps would consist of
a 14-ft travel lane with 6-ft outside shoulders and 2-ft inside
shoulders. The IH 45 east side Frontage Road will be realigned at US 84
and FM 27. The remaining existing IH 45 East Frontage Road pavement
will be rehabilitated. The IH 45 east side Frontage Road will be
extended from Church Street to US 84. The IH 45 west side Frontage Road
will be realigned at Church Street, US 84, and FM 27. The remaining
existing IH 45 west side Frontage Road pavement will be rehabilitated.
Between US 84 and FM 27 the east and west frontage roads would consist
of two 12-ft one-way travel lanes with 4-ft inside and outside
shoulders, and the outside shoulder would be bounded with curb and
gutter. Behind the curb sections there may be an offset of
approximately 0 to 5 ft, and 10-ft shared use path. Both the IH 45 east
side and west side frontage roads will be converted to one-way
operation from Church Street to FM 27. Two-way operation will remain
south of Church Street and north of FM 27 on the west side frontage
road. Both east side and west side frontage roads would consist of two
12-ft travel lanes with 4-ft shoulders bounded by open ditches. 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 22, 2021, 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 at 2591 N Earl Rudder Fwy, Bryan, TX 77803;
telephone (979) 778-9764.
8. Interstate Highway 35 (I-35), from north of SE Inner Loop to
south of RM 1431 (southbound), Williamson County, Texas. This project
will take place in the cities of Georgetown and Round Rock along 4.4
miles of I-35. The project will involve various improvements to I-35,
SE Inner Loop, and Westinghouse Road. The project includes: Removing
the Westinghouse Road bridge and constructing a new I-35 bridge over
Westinghouse Road; constructing westbound to southbound Continuous Flow
Intersection at Westinghouse Road; improving intersection at I-35 and
SE Inner Loop; improve existing southbound I-35 frontage road from
north of SE Inner Loop to RM 1431; reversing entrance/exit ramps along
the southbound I-35 frontage road between SE Inner Loop and RM 1431;
and improving bicycle and pedestrian sidewalks and paths. 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 9, 2021, 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.
9. US 59 Loop North from International Blvd. to 0.12 miles south of
East Corridor Rd. in Webb County, Texas. This proposed project would
upgrade the existing US 59 roadway to a full urban interstate
expressway with three 12-ft. wide main lanes with 4-ft. wide inside
shoulders and 10-ft. wide outside shoulders in each direction separated
by an approximately 3-ft. tall concrete traffic barrier. One-direction
frontage roads would consist of three 12-foot lanes with 4-foot wide
inside shoulders and 2-foot wide outside shoulders. There would be main
lane overpasses at each of the major arterial street intersections at
(from north to south) Shiloh Road, Del Mar Boulevard, University Drive,
and Jacaman Road. Storm water drainage would typically be via a mix of
grass-lined open ditches and underground separate storm sewers that
would outfall into storm water detention ponds that will be constructed
adjacent to the proposed project. The
[[Page 4711]]
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 9/01/2021,
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, ATTN Raul Leal- Laredo District Public Information Officer;
telephone: 956-712-7416; email: <a href="/cdn-cgi/l/email-protection#0b596a7e6725476e6a674b7f736f647f256c647d"><span class="__cf_email__" data-cfemail="9ccefde9f0b2d0f9fdf0dce8e4f8f3e8b2fbf3ea">[email protected]</span></a>. The EA can also be
viewed and downloaded from the following website: <a href="https://www.txdot.gov/inside-txdot/projects/studies/laredo/092021.html">https://www.txdot.gov/inside-txdot/projects/studies/laredo/092021.html</a>.
10. I-35 Capital Express North from SH 45N to US 290E, Travis and
Williamson Counties. The project will add one non-tolled managed lane
in each direction, reconstruct intersections and bridges to accommodate
the additional lane and increase east/west mobility, add a diverging
diamond interchange at Wells Branch Parkway, improve bicycle and
pedestrian accommodations along I-35 frontage roads and at east/west
crossings and make additional safety and mobility improvements. The
project is approximately 11.5 miles in length. The actions by TxDOT and
Federal agencies and the laws under which such actions were taken are
described in the Final Environmental Assessment (EA), Finding of No
Significant Impact (FONSI) issued on December 17, 2021 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 Austin
District Office at 7901 North I-35, Austin, TX 78753; telephone: 512-
832-7000. The EA and FONSI can also be viewed and downloaded from the
following website: <a href="https://my35capex.com/">https://my35capex.com/</a>.
11. I-35 Capital Express South from US 290W/SH 71 to SH 45SE,
Travis and Hays Counties. The project would add two non-tolled high-
occupancy managed lanes in each direction. The managed lanes would be
elevated from north of Stassney Lane to south of William Cannon Drive.
Additionally, the project would reconstruct bridges, add auxiliary
lanes, improve bicycle and pedestrian accommodations along I-35
frontage roads and includes other safety and mobility improvements. The
project is approximately 10 miles in length. The actions by TxDOT and
Federal agencies and the laws under which such actions were taken are
described in the Final Environmental Assessment (EA), Finding of No
Significant Impact (FONSI) issued on December 21, 2021, 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 Austin
District Office at 7901 North I-35, Austin, TX 78753; telephone: 512-
832-7000. The EA and FONSI can also be viewed and downloaded from the
following website: <a href="https://my35capex.com/">https://my35capex.com/</a>.
Authority: 23 U.S.C. 139(l)(1).
Michael T. Leary,
Director, Planning and Program Development, Federal Highway
Administration.
[FR Doc. 2022-01448 Filed 1-27-22; 8:45 am]
BILLING CODE 4910-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 28, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.