U.S. Department 300 E. at"treet, Room 826

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1 U.S. Department 300 E. at"treet, Room 826 of Transportarion Austin, Texas Federal Highway Administ ration May 10,2004 Texas Division Office In Reply Refer To; HA-TX Re: Trans-Texas 35 Priority Corridor Environmental Impact Statement Cooperating Agency Invitation Colonel Leonard Waterworth Colonel John R. Minahan U.S. Army Corps of Engineers U.S. Army Corps of Engineers P.O. Box 1229 P.O. Box Gaheston, Texas Fort Worth, Texas Dear Gentlemen: The Federal Highway Administration (FHWA), in cooperation with the Texas Department of Transportation (TxDOT), is preparing a Tier One Environmental Impact Statement (EIS) for the proposed construction of the Trans-Texas 35 Priority Corridor (TTC-3 5). TTC-35 is an element of the proposed Trans-Texas Corridor system. As currently envisioned, TTC-35 would be a multimodal/multiuse transportation corridor extending fkom the Texas-Oklahoma state line, north of the Dallas/Fort Worth metropolitan area, though central Texas to the Texas-Mexico international border andlor the Texas Gulf Coast - a distance of approximately 800 miles. Because of your agency's special expertise and legal jurisdiction, we are asking you to be a cooperating agency in the development of the Tier One EIS. In January 2002, Governor Rick Perry outlined his vision for accommodating the transportation needs of Texas. As a result, the "Trans-Texas Corridor Plan" was developed. On June 19,2003, Governor Perry signed Texas Legislative Bill 3588 giving the State the authority necessary to implement the Trans Texas Corridor Vision. You can access information about the Plan on the TxDOT website: As currently envisioned, the controlled access corridor would include highway lanes for passenger vehicles; separate lanes for trucks; and six rail lines (one in each direction serving fi-eight, commuter and high speed passenger traffic). The width of the proposed conidor would be approximately 1,200 feet including a 200-foot wide utility zone that could ultimately accommodate lines for water, petroleum, natural gas, electricity, data and other commodities. It is anticipated that the Tier One EIS will focus on broad issues such as general. location and area-wide and regional air quality and land use implications of the major alternatives. Anticipated decisions to be made during the first tier study would include identification of a preferred alternative. Assuming the no-action alternative is not selected as the preferred PRGE. B2

2 alternative, then a preferred corridor would be selected (which will then be further refined and narrowed during subsequent tiers), the modal concept would be refined and preliminary segments of independent utility wodd be identified. 2 As a cooperating agency, your involvement would entail those areas under your jurisdiction. At this point, preparation of the document is not expected to require direct writing or analysis by your agency. To maximize interagency cooperation, FHWA and TxDOT would: invite you to coordination meetings; consult with you on any xeievant technical studies that will be required for the project; organize joint field visits with you, as necessary; provide you with project information and study results; encourage your agency to provide information and express your views on subjects within your jurisdiction or expertise; and include information in the project environmental documents that you need to discharge your National Environmental Policy Act (WEPA) responsibiiities and any other requirements regarding jurisdictional approval, permits, licenses, and/or clearances. As a cooperating agency, you may adopt the Tier One EIS without circulating it to satisfy any NEPA requirements associated with the decisions to be made in Tier One. Because the Tier One EZS should include all the information necessary for the decisions to be made by the cooperating agencies, we expect that you would notify us if, at any point in the process, the document does not include the necessary information for your agency. We look forward to your response to this request and your role as a cooperating agency on the TTC-35 project. If you have any questions or if you would like to discuss the project or our agency's respective roles and responsibilities during preparation of the Tier One EIS, please contact Mr. Antonio Palacios at (512) Sincerely, Salvador Deocampo District Engineer PHGE.El3

3 ; 9:57 ;FHWA Texas Dlvlslon DEPARTMENT OF THE ARMY FORT WORTH DISTRICT, CORPS OF ENGINEERS P. 0. BOX FORT WORTH, TEXAS REPLY TO ATTENTION OF April 13,2005 Planning, Environmental, and Regulatory Division SUBJECT: Cooperating Agency Participation for the Trans-Texas 35 Priority Corridor Environmental Impact Statement Mr. Salvador Deocampo District Engineer Federal Highway Administration 300 East 8th Street, Room 826 Austin, Texas Dear Mr. Deocampo: This is in reply to your letter dated May 10,2004, addressed to Colonel John R. Minahm of the U.S. -4my Corps of Engineers (1.TSACE) Fort Worth District and Colonel Leonard Waterworth of the USACE Galveston District that requests the assistance of the USACE as a cooperating agency with the Federal Highway Administration's (FHWA) development of the Tier One environmental impact statement (EIS) for the proposed Trans-Texas 35 Priority Conidor (TTC-35). The TTC-35 was implemented as part of the Trans Texas Corridor Vision authorized by Texas Legislature Bill 3588 and would be constructed in the Galveston, Fort Worth, and Tulsa Districts. The USACE is pleased to accept FHWA's invitation to participate as a cooperating agency and looks forward to working with you and your staff. As you are aware, the proposed project may require a Department of the Army (DA) Pennit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. The proposed project will be reviewed in accordance with 33 CFR , the Regulatory Programs of the Corps of Engineers, and other pertinent laws, regulations and executive orders. The decision whether to issue any permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the proposal, will be considered. The proposed activities may be authorized by general permit, such as nationwide permit 14 for linear transportation projects. If the project does not meet the terms and conditions of a general pennit, an individual permit would be required for authorization.

4 ; 9:57 ;FHWA Texas D I V I S I O ~ We recommend the Tier One EIS address the development of other permitting procedures such as a regional general permit or a letter of permission procedure to help streamline the USACE Regulatory Process while ensuring protection of aquatic resources. The Tier One EIS should also address other environmental assessment methods that would help streamline the environmental review process of individual projects in Tier Two. As previously stated in our June 14,2004, scoping comments letter, we recommend that any EIS include information and analysis of the proposed project's effect, relative to the corridor selection or specific project evaluation, on the following issues: conservation, economics, aesthetics, general environmental concerns, wetlands, cultural resources, fish and wildlife values including threatened and endangered species and essential fish habitat, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, cumulative impacts, air quality, and security. Additionally, we recommend the EIS include evaluations of alternatives including geographic alternatives, changes in location and other site-specific variables, and Eunctional alternatives, e.g. project substitutes and design modifications. The EIS should include analysis of proposed mitigation for impacts to aquatic resources, including wetlands and insure that the sequencing of avoidance, minimization, and compensation has been fully integrated into the selection of the preferred alternative. Any proposed mitigation should include a hctional assessment of impacted aquatic resources, including wetlands and demonstrate that mitigation provides replacement of lost wetland functions. Also, the corridor for TTC-35 may include existing and proposed USACE projects. These projects primarily function for flood reduction, recreation, and/or ecosystem restoration, but may include other functions. The EIS should include information and analysis of the proposed project's effect on construction, operation, and maintenance of any proposed or existing USACE projects. Thank you for your invitation to participate as a cooperating agency. We have been working closely with the FHWA and the Texas Department of Transportation staff and consultants in the development of the Tier One EIS for TTC-35. We look forward to continuing our working relationship. If you have any questions, need additional information or wish to discuss any of the above issues in more detail please contact Mr. Jim Kelly, Regulatory Project Manager, at (8 17) Sincerely, Wayne ~.'~ea Chief, Regulatory Branch

5 ; 9:57 ;FHWA Texas DlVlS10n Copy Furnished: Mr. Dolan D. Dunn Chief, Regulatory Branch 2000 Fort Point Road Galveston, Texas Mr. David Manning Chief, Regulatory Branch 1645 South 10 lst East Avenue Tulsa, Oklahoma Mr. William H. Collins Chief, Natural Resources and Recreation Branch USACE - Fort Worth District

6 ;14:32 ;FHWA Texas DlVlSlOn U.S. Department 300 E. 8'h Street, Room 826 of Transportation Austin, Texas Federal Highway Administration May 10,2004 Texas Division Office In Reply Refer To: HA-TX Re: Trans-Texas 35 Priority Corridor Environmental Impact Statement Cooperating Agency Invitation Mr. Richard Greene Environmental Protection Agency 1445 Ross Avenue Dallas,Texas Dear Mr. Greene: The Federal Highway Administration (FHWA), in cooperation with the Texas Department of Transportation (TxDOT), is preparing a Tier One Environmental Impact Statement (EIS) for the proposed construction of the Trans-Texas 35 Priority Corridor (TTC-35). TTC-3 5 is an element of the proposed Trans-Texas Corridor system. As currently envisioned, TTC-35 would be a mdtimodal/multiuse tramportation corridor extending fbm the Texas-Oklahoma state line, north of the DalladFort Worth metropolitan area, through central Texas to the Texas-Macico international border andlor the Texas Gulf Coast - a distance of approximately 800 miles. Because of your agency's special expertise and legal jurisdiction, we are asking you to be a cooperating agency in the development of the Tier One EIS. In January 2002, Governor Rick Perry outlined his vision for accommodating the transportation needs of Texas. As a result, the "Trans-Texas Conridor Plan" was developed. On June 19,2003, Governor Perry signed Texas Legislative Bill 3588 giving the State the authority necessary to implement the Trans Texas Corridor Vision. You can access information about the Plan on the TxDOT website: As currently envisioned, the controlled access corridor would include highway lanes for passenger vehicles; separate lanes for trucks; and six rail lines (one in each direction serving freight commuter and high speed passenger traffic). The width of the proposed comdor would be approximately 1,200 feet including a 200-foot wide utility zone that could ultimately accommodate lines for water, petroleum, natural gas, electricity, data and other commodities. It is anticipated that the Tier One EIS will focus on broad issues such as general location and area-wide and regional air quality and land use implications of the major alternatives. Anticipated decisions to be made during the first tier study would include identification of a preferred alternative. Assuming the no-action alternative is not selected as the preferred

7 ;14:32 ;FHWA Texas Dlv1s10n ; # 6/ 6 dterrative, then a prefmed coxridor would be selected (which will then be fwther refined and narrowed during subsequent tiers), the modal concept would be ref- and preliminary segments of independent utility would be identified. As a cooperating agency, your involvement would entail those areas under your jurisdiction. At this point, preparation of the document is not expected to require direct writing or analysis by your agency. To maximize interagency cooperation, M A and TxDOT would: invite you to coordination meetings; consult with you on any relevant technical studies that will be required for the project; organize joint field visits with you, as necessary; provide you with project information and study results; encourage your agency to provide information and express your views on subjects within your jurisdiction or expertise; and include information in the project environmental documents that you need to discharge your National Environmental Policy Act (NEPA) responsibilities and any other requirements regarding jurisdictional approval, permits, licenses, and/or clearances. As a cooperating agency, you may adopt the Tier One EIS without circulating it to satisfy any NEPA reqkents associated with the decisions to be made in Tier One. Because the Tier One EIS should include all the information necessary for the decisions to be made by the cooperating agencies, we expect that you would notify us if, at any point in the process, the document does not include the necessary information for your agency. We look forward to your response to this request and your role as a cooperating agency on the TTC-35 project. If you have any questions or if you would like to discuss the project or our agency's respective roles and responsibilities during preparation of the Tier One EIS, please contact Mr. Antonio Palacios at (5 12) Sincerely, Salvador Deocampo District Engineer W:\FinalU)istrict A\Subjeck Trans-Texas 35 Priority Corridor Cooperating Agency Invitation doc

8 ST4pc a"% BWf 1 ' ' UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION ROSS AVENUE, SUITE 1200 % zxo DALLAS, TX L PR07cG JUL ~6 Mr. Salvador Deocampo District Engineer Federal Highway Administration 300 E 8th Street, Room 826 Austin, TX Dear Mr. Deocampo: Thank you for your letter inviting Environmental Protection Agency (EPA) Region 6 to become a cooperating agency on the Tier I EIS for the proposed construction of the Trans-Texas 35 Priority Corridor. EPA accepts the invitation and looks forward to working with the Federal Highway Administration on the TTC-35 Tier I EIS in the roles identified in your invitation letter. -2- Sincerely, ~uih Gibson Associate Director, Compliance Assurance and Enforcement Division Internet Address (URL) RecyclecURecyclable.Printed wilh Vegetable 011 Based Inks on Recycled Paper (~kr7rnum 25% Pastconsumer)

9 U.S. Department 300 E. 8* Street, Room 826 of Transportation Austin, Texas Federal Highway Administrution May 10,2004 Texas Division Office In Reply Refer To: HA-TX Re: Trans-Texas 35 Priority Corridor Environmental Impact Statement Cooperating Agency Invitation ' Ms. Vicki Ruston Chief, Section of Environmental Analysis Surface Transportation Board 1925 K Street, NW W~shington, DC Dear Ms. Ruston: The Federal Highway Administration (FHWA), in cooperation with the Texas Department of Transportation (TxDOT), is preparing a Tier One Environmental Impact for the proposed construction of the Trans-Texas 35 Priority Corridor (TTC-35). TTC-35 is an element of the proposed Trans-Texas Corridor system. As currently envisioned, TTC-35 would be a multimodal/multiuse transportation corridor extending.from the Texas-Oklahoma state line, north of the DallasIFort Worth metropolitan area, through central Texas to the Texas-Mexico international border and/or the Texas Gulf Coast - a distance of approximately 800 miles. Because of you agency's special expertise and legal jurisdiction, we are asking you to be a cooperating agency in the development of the Tier One EIS. In January 2002, Governor Rick Peny outlined his vision for accommodating the transportation needs of Texas. As a result, the "Trans-Texas Corridor Plan" was developed. On June 19,2003, Governor Perry signed Texas ZRgislative Bill 3588 giving the State the authority necessary to implement the Trans Texas Corridor Vision. You can access information about the Plan on the TxDOT website: As currently envisioned, the controlled access comdor would include highway lanes for passenger vehicles; separate lanes for trucks; and six rail lines (one in each direction serving fteight, commuter and hi& speed passenger traffic). The width of the proposed corridor would be approximately 1,200 feet including a 200-foot wide utility zone that could ultimately accommodate lines for water, petroleum, natural gas, electricity, data and other commodities. It is anticipated that the Tier One EIS will focus on broad issues such as general location and area-wide and regional air quality and land use implications of the major alternatives. Anticipated decisions to be made during the flrst tier study would include identification of a

10 ;14:32 ;FHWA Texas Division ; # 3/ 6 2 preferred alternative. Assuming the no-action alternative is not selected as,the preferred alternative, then a preferred corridor would be selected (which will then be further refined and narrowed during subsequent tiers), the modal concept would be refined and preliminary segments of independent utility would be identified. As a cooperzting agency, your involvement would entail those areas under your jurisdiction. At this point, preparation of the document is not expected to require direct writing or analysis by your agency. To maximize interagency cooperation, FHWA and TxDOT would: invite you to coordination meetings; consult with you on any relevant technical studies that will be required for the project; organize joint field visits with you, as necessary; provide you with project information and study results; encourage your agency to provide information and express your views on subjects within your jurisdiction or expertise; and include information in the project environmental documents that you need to discharge your National Environmental Policy Act (NEPA) responsibilities and any other requirements regarding jurisdictional approval, permits, licenses, ardor clearances. As a cooperating agency, you may adopt the Tier One EIS without circulating it to satisfy my NEPA requirements associated with the decisions to be made in Tier One. Because the Tier One EIS should include all the information necessary for the decisions to be made by the cooperating agencies, we expect that you would notify us if, at any point in the process, the document does not include the necessary information for your agency, We look forward to your response to this request and your role as a cooperating agency on the TFC-35 project. If you have any questions or if you would like to discuss the project or our agency's respective roles and responsibilities during preparation of the Tier One EIS, please contact Mr. Antonio Palacios at (512) Sincerely, Salvador Deocampo District Engineer W:Whal\District A\Subject: Trans-Texas 35 Priority Corridor Cooperating Agency Invitation doc

11 ;14:32 ;FHWA Texas DlVlSlOtl SURFACE TWSPOR TATION BOARD Washington, DC Office of Economics, Environmental Analysis, and Administration Salvador Deocampo, District Engineer U.S. Department of Transportation Federal Highway Administration Texas Division Office 300 East Street Room 826 Austin, TX July 16,2004 RE: Trans-Texas 35 Priority Corridor Environmental Impact Statement; Response to Cooperating Agency Invitation Dear Mr. Deocampo: Thank you for inviting the Surface Transportation Board (Board) to participate as a cooperating agency in the preparation of the Tier One Environmental hpact Statement (EIS) for the proposed construction of the Trans-Texas 35 Priority Conidor (TTC-35). The Board's Section of Environmental Analysis (SEA) is responsible for ensuring the Board's compliance with the National Environmental Policy Act and related environmental statutes, therefore, I am responding to your request on behalf of the Board. I understand from your letter that the purpose of the Tier One EIS is to assess broad environmental issues associated with the major alternatives considered, including proposed location, area-wide regional air quality, and land use implications, On behalf of the Board, I am pleased to accept your invitation to participate as a cooperating agency in the Tier One EIS. The Board's role may be somewhat constrained by the fact that we have limited resources that may affect our ability to travel extensively to attend meetings and field visits and that the Board does not have an application pending before it from a railroad seeking authority to construct a rail line within the TTC-35 conidor. Nevertheless, with these consnaints in mind, we will be happy to participate whenever possible in the tasks outlined in your letter. If you have any questions or concerns, please feel free to contact me or Troy Brady of my staff at (610) or by at Tro~.Bradv@stb.dot.~ov. We look forward to working with you in the future. Victoria Rutson! I'. 1 ) Chief, Section of Environmental Analysis 1,