[Federal Register Volume 84, Number 152 (Wednesday, August 7, 2019)]
[Notices]
[Pages 38720-38722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16397]



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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 4, 2020. 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: 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 16, 
2014, 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 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 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. FM 2252 from Evans Road to FM 3009, Bexar and Comal Counties. 
This project includes widening FM 2252 from a two-lane roadway to a 
four-lane roadway with a raised median or a continuous left turn lane 
plus bike lanes and sidewalks. The project will replace the existing 
bridge over Cibolo Creek and also provide an overpass at the Union 
Pacific Railroad crossing. The project is approximately 2.8 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 May 6, 2019 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 Antonio District 
Office at 4615 NW Loop 410, San Antonio, TX 78229; telephone (210) 615-
5839.
    2. I-410 from SH 16 to Ingram Road, Bexar County. The project 
includes additional capacity improvements, frontage road improvements, 
interchange improvements and bicycle and pedestrian accommodations. The 
project is approximately 14.9 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 May 8, 
2019 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 Antonio District Office at 4615 NW Loop 410, San Antonio, TX 
78229; telephone (210) 615-5839.
    3. State Highway (SH) 146 from Farm-to-Market 519 to Loop 197 in 
Galveston County, Texas. The 1.4 mile long project will widen SH 146 
from two-lanes to four lanes and will replace the SH 146 railroad 
bridge over the Texas City Terminal and Union Pacific Railroads with a 
four lane bridge. The project will also reconfigure the existing 
intersection at SH 146 and SH 3. The actions by

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TxDOT and Federal agencies and the laws under which such actions were 
taken are described in the Categorical Exclusion Determination approved 
on May 16, 2019 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.
    4. US 75 from FM 1417 to FM 120, in Grayson County, Texas. The 
purpose of the proposed project is to improve mobility on US 75 to 
accommodate current and future traffic volumes by reconstructing and 
widening the freeway from four to six lanes and removing the Texas 
Northeastern Division Railroad bridge crossing US 75 and the Union 
Pacific Railroad bridge crossing Texoma Parkway (SH 91). The proposed 
project would also include reconfigurations of intersections, ramp 
modifications, and improvements to pedestrian facilities along US 75. 
The proposed project length is approximately 12.7 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 approved 
on May 22, 2019 and other documents in the TxDOT project file. The 
Categorical Exclusion and other documents in the TxDOT project file are 
available by contacting TxDOT at the address provided above or the 
TxDOT Paris District Office at 1365 N Main St., Paris, Texas, 75460; 
telephone (903) 737-9213.
    5. FM 549 from SH 205 to SH 276 in Rockwall County, Texas. The 
proposed improvements would include widening the existing FM 549 to a 
four-lane roadway with a 20-foot center turn lane with median. In 
addition to widening, the project would construct a new segment of FM 
549 extending from south of FM 1139 to SH 205. The proposed project 
would include 12 to 14-foot wide lanes with 2-foot wide shoulders and 
5-foot wide sidewalks on both sides of the road. At specific locations, 
12-foot wide turn lanes would be added as well and a bridge would be 
constructed for the crossing of Long Branch. The length of the proposed 
project is approximately 2.08 miles. The purpose of the FM 549 roadway 
widening is to improve safety, mobility, capacity, and to accommodate 
future traffic demand in the area. 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 30, 2019, 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 Dallas District Office at 4777 E Highway 80, Mesquite, TX 75150; 
telephone (214) 320-4480.
    6. IH 20 Overpass and Ramps at CR 1250. The construction limits are 
from Loop 250 to FM 1788 in Midland County, Texas. The proposed project 
consists of the construction of an overpass at the intersection of IH 
20 and CR 1250, reconstruction of the IH 20 at CR 1250 frontage road 
intersection, eastbound and westbound U-turns, removal of ramps east of 
FM 1788, and addition of eight new ramps (four entrance and four exit) 
west of Loop 250. The frontage road improvements will include full 
reconstruction with curbs and gutters, as well as drainage improvements 
at both FM 1788 and Loop 250. The actions by TxDOT and Federal agencies 
and the laws under which such actions were taken are described in the 
Categorical Exclusion Determination approved on June 11, 2019, 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.
    7. Farm-to-Market (FM) 2100 from Huffman-Cleveland Road (North) to 
FM 1960 in Harris County, Texas. The 4.5 mile long project will 
reconstruct and widen the existing roadway from two lanes to four lanes 
with a raised median. The project would also include sidewalks, a storm 
sewer drainage system and detention ponds. The actions by TxDOT and 
Federal agencies and the laws under which such actions were taken are 
described in the Categorical Exclusion Determination approved on June 
12, 2019 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.
    8. US 75 at Ridgeview Drive in Collin County, Texas. The proposed 
project would reconstruct the Ridgeview interchange at US 75. The 
proposed US 75 at Ridgeview Drive would consist of four to five 11-foot 
to 12-foot wide general-purpose lanes in each direction with 10-foot 
wide outside shoulders and 13-foot to 16-foot wide inside shoulders 
separated. Auxiliary lanes would be 12 feet wide. The US 75 general 
purpose lanes would cross over Ridgeview Drive. There are frontage road 
lanes in each direction and would consist of one 14-foot wide outside 
shared-use lane and one to two 12-foot wide inside lanes with curb and 
gutter. There would be two frontage road bypass lanes in each direction 
including bridge replacement at Ridgeview Drive. The length of the 
proposed project is approximately 1.2 miles. The purpose of the 
proposed project is to address safety and mobility issues in the 
project area. 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 June 20, 2019, 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 Dallas District Office 
at 4777 E Highway 80, Mesquite, TX 75150; telephone (214) 320-4480.
    9. FM 545 from FM 2933 to Business State Highway 78D (BS-78D) in 
Collin County, Texas. The proposed project would include widening FM 
545 to accommodate twelve-foot travel lanes with ten foot shoulders and 
the improvement of four curves by shifting the center line of each 
curve to improve safety. The length of the proposed project is 
approximately 7.4 miles. The purpose of the proposed project is to 
improve safety and meet current design 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 
June 27, 2019, 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 Dallas District Office at 4777 E Highway 80, 
Mesquite, TX 75150; telephone (214) 320-4480.
    10. US 287 from IH 45 to Intersection of US 287 and CR 2040 in 
Navarro County, Texas. The proposed project involves the full 
reconstruction of the existing rural roadway to a four-lane divided 
highway with sidewalk. The proposed roadway would consist generally of 
4 lanes with curb & gutter, plus an 18-foot flush median. The length of 
the proposed project is approximately 5.77 miles. The purpose of the 
proposed project is to meet local and regional future travel demand by

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upgrading the transportation infrastructure to meet current design 
standards for interstates, bridges, and frontage roads, and to improve 
the operation of the roadway by correcting access conflicts. 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 July 10, 2019, 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 Dallas District Office at 
4777 E Highway 80, Mesquite, TX 75150; telephone (214) 320-4480.
    11. FM 148 from South of FM 3039 to US 175 in Kaufman County, 
Texas. The proposed project would construct a new location rural 
roadway connecting FM 148 with US 175. The proposed roadway would 
consist of two 12-foot wide travel lanes (one in each direction) with 
8-foot wide shoulders and turn lanes. Approximately 3,850 feet of US 
175 would be reconstructed to create an overpass crossing of the FM 148 
bypass. The length of the proposed project is approximately 1.6 miles. 
The purpose of the proposed project is to improve operations along FM 
148, improve mobility and access between FM 148 and US 175, and 
accommodate future traffic demand on the corridor in a manner 
compatible with local and regional thoroughfare plans. 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 March 26, 2019, Finding of No Significant Impact (FONSI) issued on 
June 3, 2019 and other documents in the TxDOT project file. The EA and 
other documents 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.
    12. IH 35E from US 77 South to US 77 North in Ellis County, Texas. 
The proposed project would reconstruct and widen the existing frontage 
roads, convert all two-way frontage roads to one-way operations and 
make all of the frontage roads continuous along the entire project 
limits. The length of the proposed project is approximately 11 miles. 
The purpose of the proposed project is to improve mobility on IH 35E 
within the city of Waxahachie in Ellis County, Texas. 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 June 26, 2019, Finding of No Significant Impact (FONSI) issued on 
June 26, 2019 and other documents in the TxDOT project file. The EA and 
other documents 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.
    13. SH 71 at FM 1209, Bastrop County, Texas. This project includes 
constructing new frontage roads, a grade separation over FM 1209 and 
shared use paths. The project is approximately 2.5 miles in length. The 
actions by TxDOT and Federal agencies and the laws under which such 
actions were taken are described in the Final EA approved on June 25, 
2019, the Finding of No Significant Impact (FONSI) issued on June 25, 
2019, 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 Austin District Office 
at 7901 North I-35, Austin, Texas, 78753; telephone (512) 832-7000.
    14. FM 548 from North of US 80 to SH 205 in Kaufman and Rockwall 
Counties, Texas. There are two segments to the proposed project. 
Segment 1 would involve the expansion from a two-lane roadway to a six-
lane divided urban minor arterial from US 80 to Windmill Farms 
Boulevard. Segment 2 would involve the expansion from a two-lane rural 
roadway to a four-lane divided urban arterial (six-lane ultimate) from 
Windmill Farms Boulevard to SH 205. The length of the proposed project 
is approximately 7.84 miles. The purpose of the proposed project is to 
bring the roadway up to current design standards and to reduce 
congestion and improve mobility within the project limits. 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 July 3, 2019, Finding of No Significant Impact (FONSI) 
issued on July 3, 2019 and other documents in the TxDOT project file. 
The EA and other documents 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.

    Authority:  23 U.S.C. 139(l)(1).

    Issued on: July 26, 2019.
Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2019-16397 Filed 8-6-19; 8:45 am]
 BILLING CODE 4910-22-P