Notice2023-18173
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
August 23, 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 162 (Wednesday, August 23, 2023)</title>
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[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Notices]
[Pages 57517-57520]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18173]
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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 January 22, 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:
<a href="/cdn-cgi/l/email-protection#bdeddcc9cfd4ded693f1d8d8fdc9c5d9d2c993dad2cb"><span class="__cf_email__" data-cfemail="b7e7d6c3c5ded4dc99fbd2d2f7c3cfd3d8c399d0d8c1">[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
[[Page 57518]]
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. Loop 1604 from Macdona Lacoste Rd to US 90, Bexar County, Texas.
The project will construct a four-lane general purpose divided highway
consisting of two 12-foot-wide travel lanes in each direction with a
ten-foot outside shoulder and a four-foot inside shoulder from the
Medina River to US 90. The existing Medina River bridge will remain in
place and be converted to northbound-only travel lanes. A second
parallel bridge will be constructed to the west for southbound lanes
and will be approximately 690 feet long. South of the Medina River,
Loop 1604 will transition back to the existing two-lane undivided
highway approximately 200 feet north of Macdona Lacoste Road. The
project is approximately 3.8 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 March 1,
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 San Antonio District Office at
4615 NW Loop 410, San Antonio, TX 78229; telephone: (210) 615-5839.
2. SH 35 (Spur 5) from I-45 to I-610 in Harris County, Texas. The
project will extend existing Spur 5 and construct a roadway on new
location south of existing Spur 5 as SH 35. SH 35 will consist of a
four- to ten-lane roadway between I-45 and Dixie Drive with an
interchange at I-610. The number of main lanes will transition from
four main lanes (between Dixie Drive and Glencoe Avenue) to six main
lanes (between Glencoe Avenue and Griggs Road) to ten main lanes
(between Griggs Road and Old Spanish Trail) and back to eight main
lanes (between Old Spanish Trail and I-45). The SH 35/I-610 interchange
would consist of an elevated, multi-level interchange between SH 35 and
I-610. SH 35 would be elevated over I-610. The project is approximately
3.4 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 March 7, 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 Ave., Houston, TX 77007; telephone: (713) 802-5000.
3. US 90 from I-10 to FM 1463 in Waller, Fort Bend, and Harris
Counties, Texas. US 90 will be widened to a four-lane roadway with a
raised median. Improvements from I-10 to Donigan Road will include only
pavement upgrades and striping. Within the City of Brookshire from
Koomey Road to Kenney Street, travel lanes will be separated by a 14-
foot-wide center left-turn lane. Accommodation for bicycles and
pedestrians will be provided. 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 Categorical
Exclusion Determination issued on March 16, 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 Ave., Houston, TX
77007 or 713-802-5000. The Categorical Exclusion Determination and
other documents in the TxDOT project file are available by contacting
the TxDOT Houston District Office at 7600 Washington Ave., Houston, TX
77007; telephone: (713) 802-5000.
4. FM 407 from Cleveland Gibbs Road to Gateway Drive in Denton
County, Texas. The project will include the widening of FM 2931 to a
six-lane urban roadway section with a raised median and left-turn lanes
in various locations within the project limits. The project includes
widening of FM 407 and reconstructing to an urban six-lane section with
turn lanes. The project is approximately 1.4 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 March 20, 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.
5. Temple Outer Loop from 522 feet south of Jupiter Drive to north
of Riverside Trail along Old Waco Road in Bell County, Texas. The
project will be approximately 1.25 miles long and will widen the
existing two-lane undivided roadway to a four-lane divided roadway with
a raised boulevard grassy median section. The project will include
curbs, gutters, a hike and bike trail, and dedicated bike lanes. The
project will increase capacity by the construction of
[[Page 57519]]
two additional travel lanes, one in each direction. 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 March 21, 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 Waco District Office
at 100 S Loop Drive, Waco, TX 76704; telephone: (254) 867-2700.
6. FM 741 from US 175 to FM 548 in Kaufman County, Texas. The
project includes reconstructing and widening FM 741 to include an
additional 12-foot travel lane in each direction as well as a raised
median, totaling four lanes. The project is approximately 8.32 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 March 28, 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.
7. IH 20 from FM 1187/FM 3325 to Markum Ranch Road, and IH 30 from
IH 20 to Linkcrest Drive, in Parker and Tarrant Counties, Texas. The
project will include three new interchanges on IH 20 and one new
interchange on IH 30. Portions of the existing frontage roads along IH
20 and IH 30 would be reconstructed and shared-use paths for bicycle
and pedestrian accommodations will be provided. The project will also
include operational improvements to existing cross streets, main lanes,
ramps, and auxiliary lanes. The length of the project along IH 20 is
approximately 5.6 miles and the length of the project along IH 30 is
approximately 2.4 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 April 4, 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 Fort Worth District Office at 2501 SW
Loop 820, Fort Worth, TX 76133; telephone: (817) 370-6744.
8. US 82 West from 0.1 mile west of FM 3403 to 0.1 mile west of US
259 in Bowie and Red River Counties, Texas. The project will widen a
6.9-mile section of US 82 from a two-lane roadway to a four-lane
divided roadway with a paved median. 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 April 26, 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 Atlanta District Office at 701 E
Main Street, Atlanta, TX 75551; telephone: (903) 799-1306.
9. Meandering Road from SH 183 to Anahuac Avenue, and LTjg Barnett
Road from Meandering Road to the Naval Air Station Reserve Base east
gate, in Tarrant County, Texas. The Cities of Fort Worth and River Oaks
are proposing improvements along Meandering Road and LTjg Barnett Road.
Road reconstruction on Meandering Road between Roberts Cut Off Road and
LTjg Barnett Road will result in a reduction from four lanes to three
lanes, and the addition of a shared-use path on the north side of the
roadway, and a sidewalk on the south side. On LTjg Barnett Road from
Meandering Road to the east side of the West Fork Trinity River, the
project will involve reconstructing the two 12-foot-wide lanes to 11-
foot-wide lanes and adding a bike lane in each direction (on-road), a
sidewalk on the north side of the roadway, and a shared-use path on the
south side. From the east side of the West Fork Trinity River to the
East Gate of the NASJRB, only pavement restriping would occur (i.e., no
construction). A new traffic signal would be installed at the
intersection of Meandering Road and Roberts Cut Off Road, and
Meandering Road would be realigned at and intersect Roberts Cut Off
Road at a 90-degree angle, effectively shifting the intersection
approximately 150 feet to the north. Approximately 800 feet of Roberts
Cut Off Road south of Meandering Road would be reconstructed and a
sidewalk would be added to the west side. A roundabout is proposed at
Meandering Road's intersection with LTjg Barnett Road/Brocks Lane. A
shared-use path would accommodate both bicycles and pedestrians at this
roundabout. The existing connection of Brocks Lane to the Meandering
Road/LTjg Barnett Road intersection would be moved approximately 130
feet to the west and connect directly to Meandering Road. A new
driveway would also be constructed, extending from this new segment
southward to access the parking lot at the west corner of the LTjg
Barnett Road/Brocks Lane intersection. The existing Brocks Lane
pavement past (east of) this new connection would be removed and
revegetated as part of the project. Drainage would remain curb-and-
gutter throughout the length of the project. 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 May 4,
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 Fort Worth District Office at
2501 SW Loop 820, Fort Worth, TX 76133; telephone: (817) 370-6744.
10. Construction of Border Inspection Facilities on the South
Orient Railroad from the Texas/Mexico Border to CR 31 in Presidio
County, Texas. The project will construct border inspection facilities
to include scanning equipment, office buildings, parking lots, rail car
covered area, access roadways, and applicable utilities. 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 May 11, 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; telephone: (915) 790-4341.
11. SH 30 from William D. Fitch Parkway to CR 175 in Brazos and
Grimes Counties, Texas. The project will widen SH 30 from a two-lane
undivided roadway to a four-lane roadway with a continuous center turn
lane from approximately 1,500 feet northwest of William D. Fitch
Parkway in Brazos County to approximately 1,500 feet east of CR 175 in
Grimes County. Project length is approximately 2.75 miles. The project
will reconstruct SH 30 to four 12-foot wide travel lanes (two in each
direction) with a 15-foot wide median/two-way left-turn lane and 10-
foot wide outside shoulders. The three bridge structures within the
project limits would be replaced to accommodate the improvements. 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 May 24, 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
[[Page 57520]]
Freeway, Bryan, TX 77803; telephone: (979) 778-2165.
12. Lampasas US 183 Widening Project from 0.46 mile east of Lometa
to US 281 in Lampasas County, Texas. The project will provide
additional pavement width where necessary for a total of four travel
lanes, two in each direction, add a flush center median for left-hand
turning movements; improve shoulders; add guardrails; improve drainage
by upgrading culverts; and reduce the slope (steepness) of ditches. The
total length of project is approximately 15 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 May
24, 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 Brownwood District
Office at 2495 Highway 183 North, Brownwood, TX 76802; telephone: (325)
646-2591.
13. US Highway 79 Widening Project from approximately 0.3 mile west
of IH 45 to approximately 0.5 mile west of FM 1512 in Leon County,
Texas. The majority of the project will provide two 12-foot travel
lanes in each direction separated by a 76-foot grass median. The travel
lanes will be bounded by four-foot inside and ten-foot outside
shoulders. There will be grade separations at railroads and at the
Nucor entrance. Entrance and exit ramps will provide access to Nucor.
The FM 39 bridge over US 79 will be replaced and the existing entrance
and exit ramps will be removed and replaced with a single connection
just northeast of the FM 39 crossing. In Jewett, the project will
provide two 12-foot travel lanes in each direction separated by a 16-
foot two-way center turn lane. The total length of the project is
approximately 10.3 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 March 1, 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 Bryan District Office at
2591 North Earl Rudder Freeway, Bryan, TX 77803; telephone: (979) 778-
2165.
Authority: 23 U.S.C. 139(l)(1).
Michael T. Leary,
Director, Planning and Program Development, Federal Highway
Administration.
[FR Doc. 2023-18173 Filed 8-22-23; 8:45 am]
BILLING CODE 4910-22-P
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</html>Indexed from Federal Register on August 23, 2023.
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.