Notice2024-29756

Notice of Final Federal Agency Actions on Proposed Highway Projects in Texas

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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
December 17, 2024

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.

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<title>Federal Register, Volume 89 Issue 242 (Tuesday, December 17, 2024)</title>
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[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Notices]
[Pages 102244-102246]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29756]



[[Page 102244]]

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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 May 16, 2025. 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#c595a4b1b7aca6aeeb89a0a085b1bda1aab1eba2aab3"><span class="__cf_email__" data-cfemail="9eceffeaecf7fdf5b0d2fbfbdeeae6faf1eab0f9f1e8">[email&#160;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. US 287 From west of Boyce Road to east of Cooke Road, Ellis 
County, Texas. This project will construct new frontage roads that will 
run parallel to the main lanes of US 287. The main lanes will be 
reconstructed and shifted to accommodate the newly constructed frontage 
roads. The proposed US 287 will be a divided four-lane highway (two 
lanes in each direction) with two-lane frontage roads that run parallel 
to the main lanes (two lanes in each direction). The US 287 main lanes 
will consist of 12-foot-wide travel lanes with an adjacent 10-foot-wide 
outside shoulder and an adjacent 4-foot-wide inside shoulder. A 40-
foot-wide vegetated median will separate the northbound and southbound 
US 287 main lanes. This project is approximately 3.9 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 September 21, 2024, 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.
    2. RM 2871 from IH 30 to US 377, Tarrant County, Texas. The 
proposed improvements to RM 2871 include reconstructing and widening 
the existing roadway to a four-lane divided urban roadway with a curbed 
median, from US 377 in the City of Benbrook north to IH 30 in the City 
of Fort Worth, for approximately 5.08 miles. Additional improvements 
include an overpass bridge on RM 2871 over the Union Pacific Railroad 
and Aledo Road; realignment of Veale Ranch Parkway and Chaparral Pass; 
left- and right-turn bays and intersection improvements throughout the 
corridor; and bicycle and pedestrian accommodations on both sides of RM 
2871. 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

[[Page 102245]]

October 11, 2024, 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 S W Loop 820 Fort Worth, TX 76133; telephone: (817) 370-
6744.
    3. Shiloh Road from West Kingsley Road to West Miller Road, Dallas 
County, Texas. The project will reconstruct and widen Shiloh Road to a 
six-lane divided roadway (three lanes in each direction) with 11-foot-
wide travel lanes and a raised concrete median that varies from three- 
to 13-feet wide and contains a dedicated ten-foot-wide left-turn lane 
for intersecting streets in both directions. There will be a 0.5-foot-
wide concrete barrier adjacent to both inside and outside travel lanes 
that will separate the travel lanes from the raised median and the 
sidewalk/buffer areas. This project is approximately 1.08 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 22, 2024, 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.
    4. IH 20 from FM 450 to SH 43, Harrison County, Texas. The project 
will reconstruct and widen IH 20 from four lanes to six lanes with one-
way frontage roads. The proposed roadway typical section will consist 
of three 12-foot-wide travel lanes in each direction with 10-foot-wide 
inside and outside shoulders. One-way frontage roads are proposed 
between FM 450 and FM 3251 north and south of the main lanes. The new 
frontage roads will consist of two 12-foot-wide travel lanes with an 
eight-foot-wide outside shoulder and a four-foot-wide inside shoulder. 
Existing grade-separated interchanges will be improved at FM 450, 
Galilee Road, FM 968, FM 3251, Cooks Road, and SH 43. Interchange ramps 
will be widened to 14 feet with a four-foot-wide inside shoulder and a 
14-foot-wide outside shoulder, with the exception of ramps at the FM 
450 interchange that will be widened to 14 feet with a four-foot-wide 
inside shoulder and an eight-foot-wide outside shoulder. The project 
length is approximately 10 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 25, 2024, 
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) 796-2851.
    5. US 287 from US 67 to BUS 287, Ellis County, Texas. The project 
will construct new continuous frontage roads that will run parallel to 
the main lanes of US 287. The main lanes will be reconstructed and 
shifted to accommodate the newly constructed frontage roads. The 
proposed US 287 will be a divided four-lane highway (two lanes in each 
direction) with two-lane frontage roads that run parallel to the main 
lanes (two-lanes in each direction). The US 287 main lanes will consist 
of 12-foot-wide travel lanes with an adjacent 10-foot-wide outside 
shoulder and an adjacent four-foot-wide inside shoulder. A vegetated 
median that varies from 40-68 feet wide will separate the northbound 
and southbound US 287 main lanes. The proposed frontage roads to be 
constructed parallel to the main lanes consist of 12-foot-wide travel 
lane with two-foot-wide inside and outside shoulders adjacent to the 
travel lanes. This project is approximately 8.3 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 31, 2024, 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. US 59/US 259 North Nacogdoches (Future I-69) from Stallings 
Drive/LP 224 to 1.3 mile north of US 259, Nacogdoches County, Texas. 
The project will bring US 59 and the US 59/US 259 interchange up to 
current interstate standards by converting it to a controlled access 
roadway and reconfiguring the interchange. The project will extend for 
a total of 3.8 miles along US 59 and will include the construction of 
concrete barrier-divided main lanes along US 59 that consist of four 
12-foot-wide travel lanes, two in each direction, 10-foot-wide inside 
shoulders, and 12-foot-wide outside shoulders. Northbound and 
southbound US 59 frontage road construction will include two 12-foot-
wide travel lanes with a four-foot inside shoulder and a 10-foot-wide 
outside shoulder. A 10-foot shared use path will also be constructed 
along the proposed US 59 frontage roads and a 10-foot-wide shared use 
path and six-foot sidewalk will be constructed along US 259. The 
project will include reconfiguring the US 59/US 259 interchange to 
provide new flyover bridges for northbound US 59 and southbound US 259 
and a location for truck parking between Stallings Drive/LP 224 and FM 
343. 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 19, 2024, 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) 634-4433.
    7. SH 29 from Haven Lane to Patriot Way, Williamson County, Texas. 
The project will widen SH 29 from a two-lane to a four-lane roadway 
with a raised median. A shared use path will be provided on the 
southern side of SH 29. The project is 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 November 20, 2024, 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.
    8. FM 1378 from FM 3286 to West Lucas Road, Collin County, Texas. 
The project will consist of widening to a four-lane divided urban 
roadway. It includes two travel lanes in each direction (two 11-foot 
lanes with a two-foot inside shoulder and a five-foot outside 
shoulder). An approximately 16-foot-wide grassy median will separate 
the eastbound and westbound lanes and will narrow to approximately 5 to 
16 feet where turn lanes are proposed. This project is approximately 
1.0 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 21, 2024, 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.
    9. SH 35 from south of North Gordon Street to north of Steele Road, 
Brazoria

[[Page 102246]]

County, Texas. This project will construct four elevated SH 35 main 
lanes in the median and intersection improvements at FM 528 and Wheeler 
Rd. The project will also reconstruct the existing SH 35 lanes to serve 
as frontage roads. The length of the project is approximately 1.33 
mile. 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 25, 2024, 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, Texas 77007; telephone: (713) 802-5000.
    10. FM 2100 from Huffman-Cleveland Road (North) to SH 99 (Grand 
Parkway), Harris County, Texas. The 5.6-mile-long project will expand 
the roadway from two lanes to a four-lane divided highway with a 
sidewalk on one side and a shared use path on the other. Part of the 
road will be realigned on new location. 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 13, 2024, 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.
    11. FM 6 from SH 78 to FM 1777, Collin County, Texas. The project 
includes reconstruction to an ultimate phase of six 12-foot-wide travel 
lanes (three lanes in each direction), with an interim phase of four 
12-foot-wide lanes (two lanes in each direction). The roadway facility 
will also include shoulders, dedicated turn lanes, and shared use 
paths. The shared use paths will be included along both the south and 
north sides of the roadway alignment. This project is approximately 
7.88 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 October 16, 2024, 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 Dallas District Office at 4777 E. 
Highway 80, Mesquite, TX 75150; telephone: (214) 320-4480.
    12. FM 1387 from North Midlothian Parkway to FM 664, Ellis County, 
Texas. The project will include the expansion of the current two-lane 
roadway to an interim four-lane roadway (ultimate six-lane roadway). 
The improvements consist of 11- to 12-foot-wide travel lanes with a 10-
foot-wide shared use path in the westbound direction and a 5-foot-wide 
sidewalk in the eastbound direction with a variable-width, raised 
median. This project is approximately 5.8 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 November 13, 2024, 
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 Dallas District Office at 4777 E. Highway 80, Mesquite, TX 75150; 
telephone: (214) 320-4480.
    13. SL 390/US 59 Relief Route (Future I-369), from 0.7 mile north 
of US 80 to I-20, Harrison County, Texas. The project will construct a 
controlled access roadway with two southbound 12-foot main lanes and 
two northbound 12-foot main lanes separated by a grassy median. One-way 
frontage roads will be constructed on either side of the proposed 
roadway and will consist of two 12-foot travel lanes offset from the 
main lanes by a grassy median. On- and off-ramps will be constructed 
throughout the length of the proposed roadway. 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 November 20, 2024, 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 Atlanta 
District Office at 701 E. Main Street, Atlanta, Texas 75551; telephone: 
(903) 796-2851.
    Authority: 23 U.S.C. 139(l)(1)

Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2024-29756 Filed 12-16-24; 8:45 am]
BILLING CODE 4910-22-P


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Indexed from Federal Register on December 17, 2024.

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.