Notice2023-06817
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
April 3, 2023
Issuing agencies
Transportation DepartmentFederal Highway Administration
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
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<title>Federal Register, Volume 88 Issue 63 (Monday, April 3, 2023)</title>
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[Federal Register Volume 88, Number 63 (Monday, April 3, 2023)]
[Notices]
[Pages 19709-19711]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06817]
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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.
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 August 31, 2023. 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#14447560667d777f3a58717154606c707b603a737b62"><span class="__cf_email__" data-cfemail="bcecddc8ced5dfd792f0d9d9fcc8c4d8d3c892dbd3ca">[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. SH 16 at Kansas City Southern (KCS) Railroad Grade Crossing in
Jim Hogg County, Texas. The purpose of the project is to improve the
existing SH 16 to provide a safer crossing of the KCS and enhance
pedestrian and bicyclist safety within the project limits. On SH 16,
the project limits are from Galbraith Street (SH 359) to approximately
600 feet south, and the improvements would include incorporating a
curb-and-gutter section and creating a 10-foot-wide shared use pathway
in each direction. SH 16 would become elevated up to match the
elevation of the KCS railroad with retaining walls. On Hackberry
Street, the project limits are from the intersection of SH 16 and
Hackberry Street to approximately 210 feet west of the SH 16/Hackberry
Street intersection, and the improvements would include sidewalk
improvements, realigning the roadway, and transitioning from existing
grade to match the grade at SH 16. A curb-and-gutter system would also
be created. On Maria Street, the project limits are from the
intersection of Hackberry Street and Maria Street to approximately 150
feet southwest of the Hackberry Street/Maria Street
[[Page 19710]]
intersection, and the improvements would include realigning the roadway
and transitioning from existing grade to match the grade at SH 16. A
curb-and-gutter system would also be created. On Texas Street, the
project limits are from the intersection of SH 16 and Texas Street to
approximately 400 feet south of the SH 16/Texas Street intersection,
and the improvements would include sidewalk improvements, realigning
the roadway, and transitioning from existing grade to match the grade
at SH 16. A curb-and-gutter system would also be created. The proposed
project length is approximately 1,300 feet (SH 16, Hackberry, Maria,
and Texas Streets combined). 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 December 20, 2022, 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 Pharr District Office at 600 W.
Interstate 2, Pharr, TX 78577; telephone: (956) 702-6100.
2. County Road (CR) 118 at Cottonwood Creek from CR 119 to CR 110
in Williamson County, Texas. The project will realign CR 118 at a new
location, demolishing the existing bridge and approaches over
Cottonwood Creek and building a new roadway on a new location to the
south of the existing CR 118 with a new bridge and approaches over
Cottonwood Creek. The project is approximately 0.52 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 January 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 Austin District Office at 7901 North I-35, Austin, TX 78753;
telephone: (512) 832-7000.
3. US 281 (Military Highway) from FM 732 to FM 1421 in Cameron
County, Texas. The project consists of reconstructing and widening the
existing two-lane rural US 281 (Military Highway) to a four-lane rural
highway with a left-turn lane and shoulders. The proposed roadway
facility would include four 12-foot travel lanes with two travel lanes
in each direction and 8-foot shoulders on each side of the roadway. The
proposed roadway facility would also include a 14-foot turn lane. The
project length is approximately 5.85 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 January
31, 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 Pharr District
Office 600 W. Interstate 2, Pharr, TX 78577; telephone: (956) 702-6100.
4. SH 107 from SH 495 to FM 2220 in Hidalgo County, Texas. The
project would widen SH 107 and provide a raised median. The proposed SH
107 roadway from SH 495 to FM 2220 would generally consist of three 12-
foot-wide travel lanes in each direction with 2-foot-wide inside and
outside shoulders. Directions of travel would be separated by an 18-
foot-wide raised median. From SH 495 to FM 681, a 5-foot-wide sidewalk
would be constructed on the west side of the roadway and a 12-foot-wide
shared use path would be constructed on the east side of the roadway.
From FM 681 to FM 2220, a dedicated 10-foot-wide bicycle lane would be
added to both sides of the roadway. A 5-foot sidewalk would be
constructed on both sides of the roadway, and sidewalk ramps would be
placed at all intersection corners. The project length is approximately
9.9 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 February 8, 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 Pharr District Office 600 W. Interstate 2, Pharr, TX 78577;
telephone: (956) 702-6100.
5. US 259 from SH 204 to Rusk County Line in Nacogdoches County,
Texas. The project would widen US 259 to include two 12-foot northbound
travel lanes and two 12-foot southbound travel lanes, 10-foot outside
shoulders, and a 16-foot continuous two-way left-turn lane separating
northbound and southbound travel lanes. The project length is
approximately 6.87 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 February 15, 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 Lufkin District Office at 1805 N.
Timberland Drive, Lufkin, TX 75901; telephone: (936) 633-4321.
6. FM 1417 from OB Groner Road to US 75 in Grayson County, Texas.
The proposed project includes widening a non-freeway to a six-lane
divided highway consisting of raised medians, curb and gutters,
grading, structures, pavement, signals, signing and pavement markings.
The proposed facility would include six dedicated 12-foot-wide travel
lanes and include dedicated 12-foot-wide right turn lanes approaching
major intersections. Proposed access is at-grade throughout the project
corridor. The proposed facility includes 16-foot wide raised, grassy
medians. Proposed drainage would include curb and gutters for the
entire length of the project. The proposed facility also would include
a 10.5-foot-wide pedestrian realm berm with a 6-foot-wide sidewalk
located on the apex of the berm, which extend for the entire length of
the project area. The proposed facility would include a new BNSF
Railroad Spur overpass structure at a higher elevation to meet vertical
clearance requirements with a 6-foot-wide pedestrian realm consisting
of raised sidewalk. There will be work on cross streets as well. The
total project length is approximately 2.424 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
February 22, 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 Paris District
Office at 1365 North Main Street, Paris, TX 75460; telephone: (903)
737-9206.
7. The FM 3391 project would widen, reconstruct, and upgrade the
facility from IH 35W to east of CR 602 in Johnson County, Texas. The
2.9-mile project would extend from existing northbound frontage road of
IH 35W to approximately 1,490 feet east of CR 602. The existing FM 3391
between IH 35W and South Hurst Road would be improved from a five-lane
undivided section to six-lane divided section and from a two-lane
undivided section to four-lane divided section between South Hurst Road
to east of CR 602. The proposed project would incorporate bicycle and
pedestrian facilities. 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 February 24, 2023, and
other documents in the TxDOT project file. The Categorical Exclusion
Determination and other documents in
[[Page 19711]]
the TxDOT project file are available by contacting the TxDOT Fort Worth
District Office at 2501 SW Loop 820, Fort Worth, TX 76133; telephone:
(817) 370-6772.
8. FM 70/SH 286 passing lanes, FM 70 from SH 286 to US 77, and SH
286 from south of FM 244 to FM 70 in Nueces County, Texas. The proposed
project would widen the existing FM 70 and SH 286 roadways to add 12-
foot-wide intermittent passing lanes and 10-foot-wide shoulders for
approximately 25 miles. The intersection of FM 70 and SH 286 would be
improved by adding a right turn lane from southbound SH 286 to
westbound FM 70. In the eastbound direction, the proposed project would
add passing lanes in five areas along FM 70. In the westbound
direction, the proposed project would add passing lanes in four areas
along FM 70. Along SH 286, the proposed project would add one passing
lane in both the northbound and southbound directions. There are 11
total proposed passing lanes. Passing lanes would be 12-foot wide.
Additionally, drainage improvements to address flooding issues on the
existing roadway are proposed throughout the project 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), the Finding of No Significant Impact (FONSI) issued on January 2,
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 Corpus Christi District Office at 1701 South Padre Island
Drive, Corpus Christi, TX 78416; telephone: (361) 808-2500.
9. FM 973 from SH 130 to US 290 in Travis County, Texas. The
project will expand FM 973 from two to six travel lanes, three in each
direction, and include a grassy median and turn lanes at various
locations. The project also includes drainage improvements, overpasses,
sidewalks, and shared-use paths. The project is 5.7 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), the Finding of No Significant Impact (FONSI) issued on January
18, 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 Austin District Office at 7901 North I-35, Austin,
TX 78753; telephone: (512) 832-7000.
10. Borderland Expressway Project (formerly known as the Northeast
Parkway Project) on State Loop 375 east of Railroad Drive Overpass to
Farm-to-Market Road 3255 (Martin Luther King Jr. Boulevard) at the
Texas-New Mexico border, in El Paso County, Texas. The proposed project
would be a 10.8-mile long, four-lane, limited access, new location
roadway in northeast El Paso County. The proposed project would be
built in three phases as follows: Phase 1 would construct frontage
roads between Railroad Drive and Business US 54 (Dyer Street). The
second phase would construct the mainlanes between Railroad Drive and
FM 3255 (MLK Jr. Boulevard). In the third phase, the mainlanes would be
built from US 54 (Dyer Street) to Loop 375. 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 January 31, 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 El Paso
District Office at 13301 Gateway Boulevard West El Paso, TX 79928;
telephone: (915) 790-4200.
11. FM 2964 (Rhones Quarter Road) from SH 110 to FM 346 in Smith
County, Texas. The project would widen and reconstruct FM 2964 to a
four-lane curb-an-gutter facility divided by a 14-foot, two-way left-
turn lane. All travel lanes would be 12-feet wide. The project would
include an 8-foot wide Shared-Use Path (SUP) on both sides of the road
throughout the project limits, behind concrete curb-and-gutter which
will accommodate drainage. The project proposes to realign the FM 2964
intersection with Shiloh Road, at Thistle Drive--approximately 1,200-
feet west of its current location. The project would cul-de-sac FM 2964
at its existing intersection with Shiloh Road. South of Shiloh Road,
the realigned section of FM 2964 would connect to the existing FM 2964
roadway south of Libbie Street. The project proposes to realign the
existing FM 2964 intersection with Barbee Road (CR 2170), at Oscar
Burkett Road (CR 2191)--approximately 450 feet north of its current
location. The project would cul-de-sac existing Barbee Road at FM 2964.
The project proposes to widen the existing bridge over Toll 49 to the
east, to include four 12-foot travel lanes, a 12- to 16-foot left-turn
lane, and 8-foot SUP. The project length is approximately 5.38 miles.
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 February
24, 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 Tyler District Office at 2709 W. Front St., Tyler,
Texas 75702; telephone: (903) 510-9100.
Authority: 23 U.S.C. 139(l)(1).
Michael T. Leary,
Director, Planning and Program Development, Federal Highway
Administration.
[FR Doc. 2023-06817 Filed 3-31-23; 8:45 am]
BILLING CODE 4910-22-P
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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.