[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Notices]
[Pages 7162-7164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03251]
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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.
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 a Memorandum of Understanding dated December 16, 2014, and 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 project will be
barred unless the claim is filed on or before July 29, 2019. 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: Carlos Swonke, Environmental Affairs
Division, Texas Department of Transportation, 125 East 11th Street,
Austin, Texas 78701; telephone: (512) 416-2734; email:
[email protected]. TxDOT's normal business hours are 8:00 a.m.-
5:00 p.m. (central time), Monday through Friday.
SUPPLEMENTARY INFORMATION: 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 TxDOT at the address provided
above.
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
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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. Bicentennial Boulevard Extension Project from SH 107 to
Trenton Road, Hidalgo County, Texas. The proposed project would
extend Bicentennial Boulevard from SH 107 to Trenton Road as a new
location, four-lane facility. The length of the proposed project is
approximately 2.86 miles. The actions by TxDOT and Federal agencies
and the laws under which such actions were taken are described in
the Final Environmental Assessment approved on October 25, 2018, the
Finding of No Significant Impact was issued on December 19, 2018,
and other documents in the TxDOT project file. The EA and other
documents in the TxDOT project file are available by contacting
TxDOT at the address provided above or the TxDOT Pharr District
Office at 600 W US Expressway 83, Pharr, Texas 78577; telephone
(956) 702-6102.
2. State Loop (SL) 336 South from Interstate Highway (IH) 45 to
Farm to Market Road (FM) 1314 in Montgomery County, Texas. The
proposed project would create a divided 4-lane facility by
constructing a 2-lane roadway to the south of existing SL 336. The
new lanes would serve as the east bound lanes, with the existing
lanes being converted to serve west bound traffic. The project
length is approximately 2.5 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
September 28, 2018 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 Houston District Office located at 7600
Washington Avenue, Houston, Texas 77007; telephone (713) 802-5076.
3. Farm to Market Road (FM) 1488, Magnolia Relief Route, from
existing FM 1488 west of Magnolia to proposed State Highway (SH) 249
east of Magnolia in Montgomery County, Texas. The proposed action
would construct an east-west facility on new location to serve as a
major arterial for the distribution of traffic around the city of
Magnolia. This facility would consist of a four-lane divided
facility. The project length is approximately 5.4 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)
approved on October 23, 2018, the Finding of No Significant Impact
(FONSI) issued on October 25, 2018, and other documents in the TxDOT
project file. The EA, FONSI, and other documents in the TxDOT
project file are available by contacting TxDOT at the address
provided above or the TxDOT Houston District Office located at 7600
Washington Avenue, Houston, Texas 77007; telephone (713) 802-5076.
4. I-35 from the Guadalupe River to FM 1103, Comal County,
Texas. The project includes operational improvements to the I-35
interchanges with FM 1103/Hubertus Road, Schwab Road, Engel Road,
Solms Road, Loop 337/Rueckle Road, Business 35/Schmidt Avenue,
Walnut Avenue, and FM 725. Improvements would include intersection
improvements, ramp reconfigurations and the addition of auxiliary
lanes along the I-35 mainlanes and frontage road reconstruction. The
project is approximately 9.25 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, 2018. 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 San
Antonio District Office at 4615 NW Loop 410, San Antonio, TX 78229;
telephone (210) 615-5839.
5. State Loop 1604 from IH 10 East to FM 1346 (Houston Street),
Bexar County, Texas. The project would widen the existing 2-lane
undivided roadway to a 4-lane divided roadway. The 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
November 30, 2018, and other documents in the TxDOT project file.
The Categorical Determination and other documents in the TxDOT
project file are available by contacting TxDOT at the address
provided above or the TxDOT San Antonio District Office at 4615 NW
Loop 410, San Antonio, TX 78229; telephone (210) 615-5839.
6. SH 46 from Farhills Drive to FM 3159, Comal County, Texas.
The project would widen the roadway from its existing two-lane
highway to two different configurations. The curbed with storm drain
configuration, constructed in the more developed areas, would
consist of six 11-foot travel lanes with a 16-foot raised median.
The other configuration, a curbed with grasslined open-ditch
configuration, would be constructed in less developed areas and
would consist of six 11-foot travel lanes with a 16-foot raised
median. The project is approximately 6 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)
approved on October 26, 2018, Finding of No Significant Impact
(FONSI) issued on October 26, 2018, and other documents in the TxDOT
project file. The EA, FONSI and other documents in the TxDOT project
file are available by contacting TxDOT at the address provided above
or the TxDOT San Antonio District Office at 4615 NW Loop 410, San
Antonio, TX 78229; telephone (210) 615-5839.
7. US 290/SH 71 West from State Loop 1 (MoPac) to west of RM
1826 and US 290 to Silvermine Drive, Travis County, Texas. The
project, known as the Oak Hill Parkway (OHP) project, proposes
improvements that include direct connectors at the intersection of
US 290 and SH 71, controlled access along both highways in Oak Hill
with frontage roads, and an overpass for US 290 at William Cannon
Drive. New construction on roadway improvements would begin just
east of Joe Tanner Lane where the existing mainlanes transition to
an urban highway. The mainlanes would be elevated over William
Cannon Drive, and the westbound mainlanes and frontage road would be
located north of Williamson Creek. The mainlanes would be depressed
under SH 71 and direct connectors would be provided, connecting
eastbound SH 71 with US 290, and westbound US 290 to SH 71.
Mainlanes would vary from four near William Cannon Drive to two near
the western project limit. Grade-separated intersections would be
constructed at Convict Hill Road, RM 1826, Scenic Brook Drive, and
Circle Drive (Southview Road). Along SH 71, the direct connector
ramps would extend past Scenic Brook Drive where the mainlanes would
then transition to a five-lane (three lanes northbound, two lanes
southbound) rural highway. The actions by TxDOT and Federal agencies
and the laws under which such actions were taken are described in
the Final Environmental Impact Statement (FEIS) approved on December
21, 2018 and Record of Decision (ROD) issued on December 21, 2018,
and other documents in the TxDOT project file. The FEIS, ROD and
other documents in the TxDOT project file are available by
contacting TxDOT at the address provided above or the TxDOT Austin
District Office at 7901 North I-35, Austin, TX 78753; telephone
(512) 832-7000. The EIS and ROD can also be viewed and
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downloaded from the following website: www.oakhillparkway.com.
8. SH 78 at Gaston Avenue in Dallas County, Texas. The proposed
project would reconfigure the intersection of SH 78 (East Grand
Avenue/Garland Road) at Gaston Avenue in the City of Dallas, Dallas
County, Texas. The proposed facility would be reconfigured as a
fully signalized, reverse T-intersection with East Grand Avenue
intersecting Gaston Avenue and Garland Road. The length of the
proposed project is approximately 0.76 miles. The purpose of the
proposed project is to improve traffic operations and mobility, as
well as to improve safety and to provide improved bicycle and
pedestrian accommodations. The actions by TxDOT and Federal agencies
and the laws under which such actions were taken are described in
the Final Categorical Exclusion Determination issued on December 21,
2018, and other documents in the TxDOT project file. The Categorical
Exclusion Determination and other documents in the TxDOT file are
available by contacting TxDOT at the address provided above or the
TxDOT Dallas District Office at 4777 E Highway 80, Mesquite, TX
75150; telephone: (214) 320-4480.
9. SH 158 at SH 137 in Glasscock County, Texas. The proposed
project would construct an overpass on SH 158 over SH 137. The
purpose of the project is to allow for traffic to move through the
intersection with less congestion. 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 4, 2018, 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 San Angelo District Office at 4502
Knickerbocker Road, San Angelo, Texas, 76904; telephone (325) 947-
9266.
10. IH 10 from FM 3538 to FM 2761 in Colorado and Austin
Counties, Texas. The proposed project would add an additional main
lane in each direction along IH 10. The proposed project would also
convert existing two way frontage roads to one way frontage roads.
The purpose of the project is to improve mobility and increase
safety along this section of I-10. 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 8, 2018, 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 Yoakum District Office at 403 Huck St.,
Yoakum, TX 77995; telephone (361) 293-4436.
11. SL 121 from FM 439 to I-35 in Bell County, Texas. The
proposed project would widen SL 121 from 2 to 4 lane divided roadway
with bike/pedestrian improvements. The proposed project is needed to
improve traffic safety, alleviate congestion, improve access
management, and to provide pedestrian/bicycle accommodations. 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 12, 2018 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 Waco
District Office at 100 S Loop Dr., Waco, TX 76704; telephone (254)
867-2705.
12. SH6/SL340 from US 84 to IH 35 in McLennan County, Texas. The
proposed project would construct continuous frontage roads and four
overpasses. The proposed project length is 2.68 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 December 14, 2018, 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 Waco District Office at 100 S
Loop Dr., Waco, TX 76704; telephone (254) 867-2705.
13. Loop 338 Overpass at East Yukon Rd, Ector County, Texas. The
proposed improvements would include the construction of an overpass
on SL 338 at the intersection of E. Yukon Rd. The project would be
approximately 2.0 miles in length. The project would help improve
mobility on Loop 338. 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, 2018, 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 Odessa District Office at 3901 East Highway 80, Odessa, Texas
79761; telephone (432) 498-4746.
14. Loop 250 at CR 1150 and CR 60, Midland County, Texas. The
proposed project consists of extending main lanes and constructing
access ramps and two overpasses between the existing frontage roads,
on SL 250 from 0.5 miles west of County Road (CR) 1150 to 0.5 miles
east of CR 60. The project would be approximately 1.0 mile in
length. The project would help improve mobility on Loop 250 at the
intersections of CR 1150 and CR 60. 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 19, 2018, 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 Odessa District Office at 3901 East
Highway 80, Odessa, Texas 79761, (432) 498-4746.
Authority: 23 U.S.C. 139(l)(1).
Issued on February 19, 2019.
Michael T. Leary,
Director, Planning and Program Development, Federal Highway
Administration.
[FR Doc. 2019-03251 Filed 2-28-19; 8:45 am]
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