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ST9904-SY051230 1 21 i TEXAS r r „,,,-- Pro Toll Fac 0.23 mile we of Business SH 12 to Dallas North Tollway ENVIRONMENTAL DOCUMENTS \ ' ' , ' ' r - ,,. .... x � x Y. rr 'IS.,..., ) i / 04 P 7 y $ r . ' ii.': 4b..'..# ' ' ' s '''''' i x Y „ . *Itts4 ,Z1::, i'''..4'1 .°- . ' : ,:.' "e: `..r7.'” ..7.' ',.. i.. ,,,a i . :.,.f. ,_,,.,1; f...---..-;. 4 . _.....!..,:- 444* „At 3 - ' '44 f\' f ',. : -1-.: , 'r, f '' :',,,:::• ''''' . t '- ''''` ry�yY '.T �2�4_ N. m .,, .4,-• „,....„ _,...•,,.....,. . ':" u=: mo t : � n : ^'J ,':11..r: ���.. '*':9ck "`:,, :. ,� �� y- . ...+. } ' " . �,' ° Texas nt a. ;;� � * '`4 r � � � r Departme ` ; Transportation y zoo6 ( �INTB NOTICE OF PUBLIC HEARINGS The Texas Department of Transportation (TxDOT) will conduct two (2) Public Hearings for the proposed tolling of State Highway (SH) 121 mainlanes from 0.23 mile west of Business SH 121 to the Dallas North Tollway for a length of 13 miles in Denton, Dallas and Collin Counties through the cities of Lewisville, Coppell, Carrollton, Hebron, The Colony, Plano, and Frisco. The purpose of these Public Hearings is to discuss the proposed tolling of the SH 121 mainlanes within the 13- mile project corridor that is currently under construction. The Hearings will be held on Tuesday, January 17, 2006 at the Coppell Middle School -North Cafeteria, 120 Natches Trace, Coppell, Texas 75019 and on Tuesday, January 24, 2006 at The Colony High School Performing Arts Center, 4301 Blair Oaks in The Colony, Texas 75056. The Hearings will begin with an Open House from 6 p.m. to 7 p.m., followed by a formal presentation and comment period beginning at 7 p m. Information presented will be the same for both Public Hearings. If inclement weather impedes either of these Hearings from occurring, then an alternative Hearing would be conducted on Thursday, January 26, 2006 at the Coppell High School Lecture Hall, 185 W. Parkway Blvd. in Coppell, Texas 75019 (same time as listed above). There are no proposed changes to the locations or sizes of the previously designed ramps and mainlanes. There would be no additional right -of -way, displacements or relocations required for the proposed tolling of SH 121. The proposed project would encroach into the 100 -year floodplain; however, the improvements would not increase the base flood elevation to a level which would violate applicable floodplain regulations or ordinances. Environmental documents have been prepared to research and identify potential changes to the natural, social, and economic environment that could occur as a result of implementing the proposed toll facility. These environmental documents, maps, and other drawings reflecting the projects location and geometric design will be displayed at the Public Hearing. This and other information about the project are on file and available for inspection and copying at the TxDOT Dallas District Office located at 4777 E. Hwy 80, Mesquite, Texas 75150. All interested persons are invited to attend these Public Hearings. Persons requiring special communication or accommodation needs should contact Jennifer Halstead at HNTB Corporation (972) 628 -3167, at least two (2) working days prior to the first Hearing so that appropriate arrangements can be made. Because the Public Hearings will be conducted in English, any request for language interpreters or other special communication needs should also be made at least two (2) working days prior to the first Hearing. Every reasonable effort to accommodate these needs will be made. Verbal and written comments from the public regarding the proposed tolling can be presented at the Hearings. Written comments can also be submitted to the following address: HNTB Corporation, Attn: Jennifer Halstead, 5910 W. Plano Parkway, Suite 200, Plano, Texas 75093. Fax: (972) 661 -5614 or E -mail: jhalstead @hntb.com. Comments may be presented for a period of 10 days after the Hearing and must be postmarked or received by Friday, February 3, 2006 to be included as part of the official public record. If the Hearing occurs on January 26, 2006 due to inclement weather, then comments must be postmarked or received by Monday, February 6, 2006 to be included as part of the official public record. HNTB Corporation 5910 W. Plano Parkway, Suite 200 Telephone (972) 661 -5626 Engineers Architects Planners Suite 200 Facsimile (972) 661 -5614 Plano, Texas 75093 www.hntb.com HPITB Ken Griffin, P.E. Director City of Coppell Engineering Department 255 Parkway Boulevard Coppell, TX 785019 December 30, 2005 Dear Mr. Griffin: HNTB Corporation, on behalf of the Texas Department of Transportation (TxDOT) - Dallas District, is currently conducting environmental studies for the proposed tolling of State Highway (SH) 121 mainlanes from 0.23 mile west of Business SH 121 to the Dallas North Tollway for a length of 13 miles in Denton, Dallas and Collin Counties through the cities of Lewisville, Coppell, Carrollton, Hebron, The Colony, Plano, and Frisco. Enclosed are copies of the environmental documents approved by the Federal Highway Administration to proceed to Public Hearings and open comment period. The purpose of these Public Hearings is to discuss the proposed tolling of the SH 121 mainlanes within the 13 -mile project corridor that is currently under construction. Also enclosed is the public notice with details of the Public Hearings. These documents have been is provided for your review and comment. Please also make available to any members of the public who may request to review. The comment period expires February 3, 2006. Best regards, HNTB CORPORATION Jennifer Halstead Manager of Environmental Planning cc: David Stauder, P.E., Project Manager, TxDOT Dallas District ENVIRONMENTAL ASSESSMENT SH 121 FROM 0.23 MILE WEST OF BUSINESS SH 121 TO EAST OF MACARTHUR BOULEVARD CITIES OF LEWISVILLE AND COPPELL DENTON AND DALLAS COUNTIES, TEXAS CSJs: 3547 -01 -001 & 005 3547 -02 -001, 003 & 004 3547 -03 -002 & 003 Prepared by: U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION TEXAS DEPARTMENT OF TRANSPORTATION DECEMBER 2005 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. TABLE OF CONTENTS INTRODUCTION 1 CHAPTER 1: PURPOSE AND NEED FOR THE PROJECT 2 A. Objectives of the Project 5 B. Focus of this Environmental Analysis 5 B.1 Planning Process 6 B.2 Related Studies and Relevant Documents 7 B.3 Issues Studied in Detail 9 B.4 Issues Eliminated from Further Study 9 C. Applicable Regulatory Requirements and Required Coordination 16 CHAPTER 2: DESCRIPTION OF THE ALTERNATIVES 17 A. Process Used to Develop the Project Alternatives 17 B. Requirements for and Benefits of Alternatives 17 C. Detailed Description of Project Alternatives 18 CHAPTER 3: POTENTIAL AFFECTED ENVIRONMENT AND ENVIRONMENTAL CONSEQUENCES OF THE ISSUES STUDIED IN DETAIL 19 A. Noise 19 B. Air Quality 23 C. Socio - Economic Impacts 28 D. Visual and Lighting 36 E. Summary Comparison of Potential Effects 36 CHAPTER 4: RECOMMENDATION OF THE PREFERRED ALTERNATIVE 37 . A. Identification and Rationale for the Preferred Alternative 37 B. Mitigation and Monitoring Commitments 38 C. Recommendation for Alternative Selection and a FONSI 38 CSJs: 3547 -01 -001 & 005 i 3547 -02- 001,003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. LIST OF TABLES Table 1: Construction Update 2 Table 2: SH 121 Environmental History 7 Table 3: Traffic Noise Levels (dBA Leq) 21 Table 4: Noise Wall Proposal (preliminary) 22 Table 5: Carbon Monoxide Concentrations 26 Table 6: Operational Improvements in the Travel Corridor 27 Table 7: Age Composition of the Population 29 Table 8: Percentage LEP Population: 1999 31 Table 9: Median Household Income and Poverty Status: 1999 33 Table 10: Racial and Ethnic Composition of the Population 34 Table 11: Summary and Comparison of Effects of Alternatives on Relevant Issues 36 LIST OF FIGURES/EXHIBITS Appendix Figure 1A: Project Location Map A Figure 1B: SH 121 Environmental History A Figure 2: USGS Quadrangle and FEMA Floodplain Map A Figure 3: 2000 Census Tracts A State FEIS Approval (1993) B NCTCOG Resolution Approving the Texas Metropolitan Mobility Plan B SH 121 Memorandum of Understanding B 2025 Traffic Volumes C Conceptual Toll Plan C CSJs: 3547 -01 -001 & 005 3547 -02- 001, 003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. INTRODUCTION This document is an environmental assessment (EA) prepared for the purpose of tolling the mainlanes currently under construction of proposed State Highway (SH) 121 in Denton and Dallas Counties, Texas. The limits of this EA extend from 0.23 mile west of Business SH 121 to east of MacArthur Boulevard, through the cities of Lewisville and Coppell, a distance of approximately two miles (Appendix A: Figure 1A). The proposed project is a portion of a previously documented non -toll facility project that was approved as a State Final Environmental Impact Statement (FEIS). The limits of the State FEIS extended from 0.4 mile west of Denton Creek to 0.05 mile east of FM 423, a distance of approximately ten miles (CSJs: 0364 -03 -065 & 067) (Appendix A: Figure 1A). The State FEIS was approved by Texas Department of Transportation (TxDOT) on August 16, 1990 and the State Record of Decision (ROD) was issued on April 28, 1993 (Appendix B). The State FEIS and ROD are available for inspection at the Dallas District located at 4777 E. Highway 80, Mesquite, Texas 75150. Due to funding constraints, the State FEIS was divided into separate projects in the early 1990s. The proposed project (from 0.23 mile west of Business SH 121 to East of MacArthur Boulevard) is under construction utilizing State funds. Chapter 1: Section B.2 discusses the remaining SH 121 corridor projects in detail. In this document, the proposed project is being evaluated as an EA for Federal Highway Administration (FHWA) approval in light of the proposed implementation of tolling along the SH 121 mainlanes currently under construction and the possible incorporation of Federal funds to this state funded project. This EA has been prepared in accordance with FHWA Texas Division Office policy memorandum, Policy for Planning, Environment and Project Development for Toll Roads (September 29, 2003). The proposed facility design remains as a widening project to a six lane controlled access facility with three lane frontage roads. The frontage roads would remain as a non -toll alternative to the proposed toll facility. No additional right -of -way (ROW) or design changes are required to implement the proposed project. The project schematic and conceptual toll plan are available for inspection at the TxDOT Dallas District office. CSJs: 3547 -01 -001 & 005 1 3547 -02- 001, 003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. Table 1 outlines the construction status of SH 121 from 0.23 mile west of Business SH 121 to east of MacArthur Boulevard. The following projects were state funded. Table 1* Construction Update CSJ Number Limits Current Status Estimated Percent Work Complete ( %) Under 3547-03-003 Mainlanes - 0.23 mile west of Business SH Construction 90% 121 to Denton/Dallas County Line Estimated Cost: $18.5 million Under 3547-02-004 Mainlanes - Denton/Dallas County Line to Construction 90% Dallas/Denton County Line Estimated Cost: $15.7 million Under 3547-01-005 Mainlanes - Dallas/Denton County Line to Construction 90% MacArthur Blvd. Estimated Cost: $8.97 million 3547 -03 -002 Frontage Roads - 0.23 mile west of Business SH 121 to Denton/Dallas County Complete 100% Line 3547 -02 -003 Frontage Roads - Denton/Dallas County Complete 100% Line to Denton Tap Road 3547 -02 -001 Frontage Roads - Denton Tap Road to Complete 100% Dallas/Denton County Line 3547 -01 -001 Frontage Roads - Dallas/Denton County Line to Lake Vista Drive Complete 100% (only a portion of the work under this is within the project limits) *Please refer to Appendix A: Figure 1. The estimated cost of these state funded projects currently under construction is $43,170,000.00. CHAPTER 1: PURPOSE AND NEED FOR THE PROJECT The purpose of the proposed toll facility is to improve system linkage and mobility in the area. Tolling would support the purpose of the project by generating revenue for the operation and maintenance of SH 121 as well as funding additional near neighbor /near timeframe policy projects. The accelerated construction of additional transportation projects would also improve system linkage and mobility in the area. CSJs: 3547 -01 -001 & 005 2 3547 -02- 001,003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. This toll facility is proposed to be an electronic toll collection system. Chapter 2: Section C.1 describes the electronic toll collection system in further detail. The proposed improvements are needed to handle the present and future traffic demands for this area and would substantially benefit communities in the project area by providing ease of mobility to vital destinations. Recent Toll Funding Initiatives and Legislative Actions Statewide Perspective Texas House Bill (HB) 3588, enacted in the 78 legislative session, relates to the construction, acquisition, financing, maintenance, management, operation, ownership, and control of transportation facilities and the progress, improvement, policing, and safety of transportation in the state. The bill addresses the full scope of transportation issues facing the state by integrating existing transportation policies and providing a means to fund them. With HB 3588 enacted, TxDOT now has the authority to employ a toll facility option for highway funding. The bill represents some of the most comprehensive mobility legislation ever enacted. HB 3588 provides for a revenue source for the Texas Mobility Fund, a one -time bond program that will infuse up to $3 billion in funding for mobility projects over the next several years. Proposition 14 passed by Texas voters in the 2003 November election allows TxDOT to sell bonds and pay the debt service with future revenue into the state highway fund also called Fund 6. Pass - through tolling agreements are an option, as well as advance ROW acquisition, and the ability for TxDOT to contribute equity into a toll project. The statute also expanded the use of comprehensive development agreements. In December 2003, the Texas Transportation Commission (TTC) approved a policy instructing TxDOT to evaluate all controlled- access highway projects as possible candidates for tolling. On March 24, 2004, the TTC approved Minute Order 109615, which allows TxDOT to issue bonds and other public securities to fund state highway system improvements. It is TxDOT policy to evaluate all controlled- access highway projects as possible candidates for tolling. This includes all controlled access projects, including those under construction and those in the planning stage involving new lane construction. CSJs: 3547 -01 -001 & 005 3 3547 -02- 001,003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. Regional/Local Perspective On August 12, 2004, the Regional Transportation Council (RTC) of the North Central Texas Council of Governments (NCTCOG) approved the Texas Metropolitan Mobility Plan which recommended SH 121 as a toll facility from 0.23 mile west of Business SH 121 to the Dallas North Tollway. Copies of the subsequent resolutions are included in Appendix B. The estimated cost of implementing the tolling components from 0.23 mile west of Business SH 121 to the DNT is $30 million. On September 9, 2004, the RTC approved a policy regarding excess revenue generated by toll facilities in the Dallas/Fort Worth (DFW) Area. The policy outlines the circumstances under which excess toll revenue would become available and distributed. Under this policy, a Memorandum of Understanding (MOU) was signed by Denton County, Collin County, and the cities of The Colony, Lewisville, Carrollton, Coppell, Grapevine, Plano and Frisco regarding the SH 121 toll facility funding strategy (see Appendix B). By partnering together, state and local officials can leverage additional state transportation funds, freeing existing allocations for critical, but otherwise unbudgeted, safety, capacity and air quality projects. This shift allows new projects that were originally budgeted through gasoline tax revenue to be built or opened as toll facilities to generate revenue. This revenue would be used to build additional transportation facilities with accelerated construction schedules. Also, in cases where a previously planned tax supported highway is programmed to a toll road, the funds that are released are committed to projects along that same corridor utilizing RTC's near neighbor /near timeframe policy. Under this policy, when a previously planned tax supported highway is shifted into a toll facility, those original gas tax funds are to be reallocated to projects that serve the same transportation system users, and the newly identified projects are to be completed in comparable timeframes. Projects identified as near neighbor /near timeframe policy for SH 121 are detailed in the MOU. By tolling SH 121, all sections of the mainlanes currently under construction could be open to traffic by 2007 -2008. Additional funding would be then be allocated to support near neighbor /near timeframe projects in the areas identified in the MOU with local communities. By leveraging the capital investment in the proposed SH 121 corridor estimated at approximately CSJs: 3547 -01 -001 & 005 4 3547 -02- 001, 003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. $300 million, TxDOT would be able to develop a total program of over $700 million in new construction. This proposed project is consistent with the area's financially constrained Metropolitan Transportation Plan (MTP) known as Mobility 2025 Plan- Amended April 2005. A. Objectives of the Project The primary objective of the proposed toll facility is to utilize new funding tools to further expedite the construction of the transportation network in this region by: • Providing toll revenue as an additional funding source to pay for the capital cost, as well as operation and maintenance of the proposed corridor; • Creating a revenue source to fund future capacity improvements along the SH 121 corridor; • Allocating future excess toll revenue so that it would be reinvested in future (near timeframe) transportation projects in the local area (near neighbor); • Accelerate future project construction schedules and help alleviate congestion; and • Enhancing economic development and even accelerating the local tax -base growth. B. Focus of this Environmental Analysis The National Environmental Policy Act of 1969 (NEPA) requires that social, economic, and natural environmental effects of any proposed action of the Federal government be analyzed for decision - making and public information purposes. This EA utilized the previously approved State FEIS as a foundation to identify impacts of implementing an electronic toll collection system on proposed SH 121 mainlanes currently under construction. The environmental consequences of the proposed action, as described in the previously approved State FEIS, were analyzed and summarized in light of the proposed project and are documented in Chapters 2 and 3. The project is already under construction, but not yet CSJs: 3547 -01 -001 & 005 5 3547 -02- 001,003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. open to traffic. All permits and approvals needed for impacts to the natural environment have been obtained. This EA focuses on the social and economic aspects of the proposed electronic toll collection facility. There have been no roadway design changes, nor is any additional ROW required to implement the proposed facility. B.1 Planning Process A systematic and interdisciplinary planning approach was utilized to determine if the proposed SH 121 toll facility meets the project's objectives and resulted in no substantial impacts on the social, economic, and natural environment. Public involvement/outreach, review and consideration of relevant studies /documents and project issues were studied and are discussed in the following sections. Public Involvement TxDOT staff met with city and county officials 45 times during 2004 and developed a consensus to toll SH 121 in Denton County. Public meetings were held in the cities of Coppell and The Colony to inform the public of the proposed implementation of an electronic toll collection system on the SH 121 mainlanes currently under construction at the following locations: June 14, 2005 June 16, 2005 Coppell High School Gymnasium The Colony High School 185 W. Parkway Blvd. 4301 Blair Oaks Coppell, Texas 75019 The Colony, Texas 75056 Approximately 50 citizens and four elected officials attended the meetings. Drawings of the conceptual toll plan were available for public review during the open house period from 5:00 p.m. to 6:30 p.m. The conceptual toll plan depicted the layout of the proposed facility, toll gantry locations, signage, and proposed noise barriers. The open house was followed by a presentation explaining the proposed toll evaluation approach and process. Eight citizens made verbal comments. Six written comments were also received. Issues of concern included noise barriers, implementation of a no -cash toll collection facility, alternative non -toll routes, and potential impacts to local economic development. Public meeting summaries are available at the CSJs: 3547 -01 -001 & 005 6 3547 -02- 001,003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. TxDOT Dallas District for review. A public hearing would be held for this project further along in the project development process. B.2 Related Studies and Relevant Documents As previously noted, the RTC approved SH 121 as a toll facility from 0.23 mile west of Business SH 121 to the Dallas North Tollway (DNT). This EA is one of two environmental documents being prepared for this proposed toll facility. Appendix A: Figure 1B and Table 2 depict the environmental history for the SH 121 corridor from 0.23 mile west of Business SH 121 to U.S. 75. Projects #2, #4, and #5, as depicted in Appendix A: Figure 1B and Table 2, are incorporated as a reference into the proposed project and the prospective impacts are considered in a separate EA re- evaluation document (SH 121: from East of MacArthur Blvd. to the Dallas North Tollway). These three projects received a Finding of No Significant Impact (FONSI) determination as non -toll facilities by FHWA and are now being constructed with Federal funds. There is also a portion of the State FEIS from east of IH 35E to Hebron Parkway (see Project #3 on Appendix A: Figure 1B and Table 2) which was constructed without frontage roads utilizing State funds. This portion of the project is complete, open to traffic, and would not be considered as a future toll facility in compliance with current RTC policy. Table 2 SH 121 Environmental Histor, Project , Limits Approval Date Status Number* Denton Creek to State FEIS A portion is the subject of this EA. FM 423 04/28/1993 (State ROD) Being evaluated as a toll facility and to be reviewed/approved by FHWA to Federalize the remaining State funded portion of the State FEIS. 2 East of IH 35E Environmental Assessment Being re- evaluated (E. of MacArthur (Hebron Pkwy.) to 09/09/2003 (FHWA FONSI) Blvd. to DNT) to consider SH 121 as a 0.05 Mile East of toll facility. FM 423 3 East of IH 35E Non -Toll Mainlanes Constructed with State funds. Open to to Hebron Parkway Open to Traffic traffic and would not be considered as a future toll facility in compliance with current RTC policy. CSJs: 3547 -01 -001 & 005 7 3547 -02- 001, 003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. Project Limits Approval Date Status Number* SH 121 /IH 35E Environmental Assessment Being re- evaluated (E. of MacArthur Interchange: East 04 /13/1990 (FHWA FONSI) Blvd. to DNT) to consider SH 121 as a of MacArthur EA Re- Evaluation toll facility. Blvd. to East 01/09/2003 (FHWA Approval) of IH 35E 5 FM 423 to U.S. 75 Environmental Assessment Being re- evaluated (E. of MacArthur 11/22/1991 (FHWA FONSI) Blvd. to DNT) to consider SH 121 as a Notice of Continuous Activity toll facility. 05/25/1999 (FHWA Approval) EA Re- Evaluation 10/17/2002 (FHWA Approval) *see Appendix A: Figure 1B Other regional projects in the general study area include President George Bush Turnpike (Segment IV) and 1}1 35E from IH 635 to U.S. 380. President George Bush Turnpike (PGBT) Segment IV Major Investment Study /Environmental Impact Statement: This study evaluated an approximately 5.5 mile long route connecting Segments III and V of the PGBT. This would provide a continuous outer loop around Dallas, Texas, and improve traffic congestion and mobility in the project corridor. The study considered a no -build and five build alternatives and is currently under construction. IH 35E from IH 635 to U.S. 380: IH 35E is a major north/south thoroughfare constructed in the 1950s and early 1960s that bisects North Central Texas. The proposed improvements cover a distance of approximately 28 miles and are intended to enhance the regional and national transportation system by increasing capacity, reducing traffic congestion, improving mobility, and improving design deficiencies within the DFW metropolitan area. This project is currently in the EA/Schematic phase of project development and funding from the near neighbor /near timeframe policy would benefit portions of the IH 35E project as detailed in Appendix B. CSJs: 3547 -01 -001 & 005 8 3547 -02- 001, 003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. B.3 Issues Studied in Detail The following issues were studied in detail because they were determined relevant to the analysis of the proposed electronic toll collection system on the mainlanes. • Noise: The NCTCOG modeled toll traffic volumes for 2025 (see Appendix C: 2025 Traffic Volumes). As a result, a new traffic analysis was conducted based on the toll traffic volumes. The noise model determined that several additional receivers would be impacted by highway traffic noise as a result of the proposed toll facility. Therefore, noise abatement measures have been proposed. • Air Quality: The project is located in an area that is in non - attainment of the National Ambient Air Quality Standards (NAAQS); therefore, the Transportation Conformity Rule applies. The proposed project's traffic projection exceeds 20,000 vehicles per day, so a Traffic Air Quality Analysis (TAQA) is warranted. The NCTCOG 2025 toll traffic volumes were used to conduct the air analysis (see Appendix C: 2025 Traffic Volumes). • Socio- Economic Issues: The proposed project was evaluated based on the requirements of Executive Order (EO) 12898, Federal Actions to Address Environmental Justice in Minority and Low- Income Populations; EO 13166, Improving Access to Services for Limited English Proficiency (LEP); Title VI, Civil Rights Act of 1964; Civil Rights Restoration Act of 1987; and the Federal Aid Highway Act of 1970. • Visual and Lighting: Toll gantries, due to the implementation of the proposed electronic toll collection facility on SH 121, add a visual lighting component to the project that was not previously assessed. B.4 Issues Eliminated from Further Study The proposed project is currently under construction. The following issues were eliminated from further study since the proposed toll facility would not change the footprint of the roadway. Additional ROW is not required and there are no design changes. CSJs: 3547 -01 -001 & 005 9 3547 -02- 001, 003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. Construction Impacts Construction would continue in stages so travel lanes would remain open. Construction of a detour would not be required. Cultural Resources No properties 50 years of age or older were identified within the area of potential effects (APE), which is defined as the ROW, both for this re- evaluation and for the previous coordination in 1996. The proposed SH 121 toll facility does not warrant additional coordination with the Texas Historical Commission (THC). There are no cemeteries within or adjacent to the proposed project that would be affected by the construction of the proposed project. All coordination with the State Historic Preservation Office was completed for the subject project on January 5, 1996 (see Appendix B). In the unlikely event that archeological deposits are encountered during construction, work in the immediate area would cease and TxDOT archeological staff would be contacted to initiate accidental discovery procedures under the provisions of the Programmatic Agreement (PA) between TxDOT, THC, FHWA, and the Advisory Council on Historic Preservation and Memorandum of Understanding between TxDOT and the THC. Farmlands No additional ROW is required; therefore, the proposed project is exempt from the requirements of the Farmland Protection Policy Act (FPPA). No coordination with the Natural Resources Conservation Service (NRCS) is required. Floodplains A portion of the project lies within the 100 -year floodplain of Denton Creek. The hydraulic design of the proposed roadway improvements would be in accordance with current TxDOT and FHWA policy standards. The proposed project would not increase the base flood elevation to a level that would violate applicable floodplain regulations and ordinances. The proposed project is located on the (FEMA) Flood Insurance Rate Map (FIRM) Map Number 48121CO545F (Appendix A: Figure 2). The proposed project is located within the 100 -year floodplain of Denton Creek. No floodplain impacts would occur as a result of the proposed toll facility. CS/s: 3547 -01 -001 & 005 10 3547 -02 -001, 003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. A portion of this project is within the Trinity River Corridor Development Certificate Regulatory Zone. However, construction of this segment of the project is complete and open to traffic. Therefore, no coordination or Trinity River Corridor Development Certificate is required for this EA prepared for the proposed tolling. Hazardous Materials Under the State FEIS, a thorough investigation of public records and initial site assessments were performed for the project ROW to identify possible hazardous materials within the project limits. Based on the results received from the data base search and site assessments, there were no properties found within the proposed project limits that were considered "at risk ". There are no hazardous material impacts from the proposed project that were not previously identified in the approved State FEIS. Waters of the U.S., Including Wetlands This section of the State FEIS originally did not proposed impacts to waters of the U.S., including wetlands. There are no additional waters of the U.S. including wetlands impacted by the proposed project that were not previously identified in the approved State FEIS. Coordination with the U.S. Army Corps of Engineers (USACE) is not required. This project would meet Clean Water Act Section 401 Water Quality Certification requirements by using one best management practice from each of the three Tier I categories. These would include block sod for erosion control, detention basins for sedimentation control, and vegetative filter strips for total suspended solids (TSS) controls. Previous Texas Commission on Environmental Quality (TCEQ) commitments on water quality certification remains valid. The proposed toll facility does not warrant additional commitments for Section 401 certification under Tier I guidelines. Land Use The project area has been subjected to previous disturbances associated with commercial and residential development, and previous and on -going construction of the SH 121 facility. Existing commercial and industrial land uses are likely to continue developing within the proposed toll facility corridor. CSJs: 3547 -01 -001 & 005 11 3547 -02- 001,003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. Public Facilities and Services The proposed alignment would not impact any public facilities or services. In essence, the construction of the toll facility would enhance access to these facilities and services once construction is complete. Relocations and Displacements The proposed tolling of SH 121 requires no additional ROW acquisition; therefore, no displacement or relocations are anticipated. Secondary /Cumulative Impacts The Council on Environmental Quality (CEQ) defines indirect or secondary effects as those which are caused by the action and are later in time and farther removed in distance, but are still reasonably foreseeable. They may include growth induced effects and changes in the pattern of land use, population densities, or growth rates and related changes in air, water, or other natural resources and ecosystems. These effects may not necessarily be restricted to just the study area. The CEQ defines cumulative effects as those which result from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (Federal or non - Federal) or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time. As such, it may be difficult to understand the role that a proposed action may have in contributing to the overall or cumulative impacts to an area or resource. Potential secondary and cumulative impacts from the proposed project may include: • Land use changes due to increased desirability of land. Changes would primarily consist of residential and commercial development; • Stimulation of local economies due to construction and potential and realized development opportunities; • Potential increases in population and need for additional utilities; • Runoff increase due to changes in land use and potential increases in sedimentation in areas receiving runoff; and • Further fragmentation and decreased wildlife habitat in areas of increased development. CSJs: 3547 -01 -001 & 005 12 3547 -02- 001, 003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. Secondary and Indirect Impacts Tolling the proposed roadway may create some secondary social and economic impacts that result indirectly from the proposed improvements to the existing roadway. It is anticipated that development opportunities would increase within the study area. Generally, as access to the study area becomes more convenient, more areas would become practical and economically feasible for development and land use changes to occur. This corridor was previously planned and is currently under construction and any anticipated land use changes would occur regardless of the proposed tolling. The overall construction of facilities within this larger transportation system would result in the continued residential and commercial development. Undeveloped areas within the project area would likely be developed for residential and commercial use. Cumulative Impacts Cumulative impacts and secondary impacts from roadway projects are usually associated with areas of land that may change from their previous land use. The extent that the proposed project may contribute to these cumulative land use change impacts in an area is dependent upon many factors: distance from the project, real estate speculation, other anticipated and planned projects in the area, development zones, municipal planning, size and closeness of the nearest metropolitan area, local and state regulations and the extent to which they are enforced, to mention a few. Some beneficial cumulative impacts may include the addition of infrastructure improvements constructed to support the increased development and commerce associated with the proposed roadway and economic growth in the immediate area. Secondary impacts to economic, environmental, and social attributes of the project area resulting from the proposed project are expected to be minimal. Local and regional growth would be the determining factors in the future development of this area. No secondary social impacts are anticipated because the project does not bisect any communities that are not already bisected by the existing roadway corridor. Section 4(f) Properties CSJs: 3547 -01 -001 & 005 13 3547 -02- 001, 003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. The proposed project would not require the use of any publicly owned land from a public park, recreation area or wildlife and waterfowl refuge or historic sites of national, state or local significance, a Section 4(0 statement would not be required. There are no Section 4(0 properties impacted by the proposed toll facility. Threatened/Endangered Species and Wildlife Habitat The approved State FEIS addressed species that were historically found within Denton and Dallas Counties. It was noted that Denton and Dallas Counties fall within the migration route of the whooping crane and interior least tern; however, because of the nature of the project, no effects are anticipated. Vegetation within the ROW and adjacent to the proposed project is not consistent with mapped vegetation according to the Vegetation Types of Texas (TPWD, 1984), which lists the vegetation as Native/Introduced Grasses. There is no compensatory mitigation warranted by the proposed SH 121 electronic toll collection facility. The Migratory Bird Treaty Act (MBTA) States that it is unlawful to kill, capture, collect, possess, buy, sell, trade, or transport any migratory bird, nest, or egg in part or in whole, without a federal permit issued in accordance within the Act's policies and regulations. Dallas County is located within the migration route of the whooping crane and arctic peregrine falcon. Migrational patterns would not be affected 6y the proposed project. Therefore, the requirements for the MBTA appear to be satisfied. The current status of federal and state listed and candidate species has not changed since available information at the time of the State ROD. The project is currently under construction and U.S. Fish and Wildlife Service (USFWS) and Texas Parks and Wildlife Department (TPWD) coordination was previously completed. This assessment remains valid and no further coordination with USFWS or TPWD is necessary for the proposed tolling of the SH 121 mainlanes currently under construction. Lakes, Rivers and Streams The proposed project does not cross any lakes, rivers or streams. A navigational clearance under Section 9 (administered by the U.S. Coast Guard [USCG]) and Section 10 (administered by the USACE) of the Rivers and Harbors Act of 1899 is not applicable. CSJs: 3547 -01 -001 & 005 14 3547 -02- 001,003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. Coordination with the USCG (for Section 9) and t he USACE (for Section 10) would not be required. Vegetation Under the State EIS, coordination with Texas Parks and Wildlife Department (TPWD) has been concluded with a mitigation plan to replace 1.5 acres in impacted riparian woodland. In accordance with Executive Order 13112 on Invasive Species and the Executive Memorandum on Beneficial Landscaping, seeding and replanting with TxDOT approved seeding specifications that is in compliance with Executive Order 13112 would be done where possible. Water Quality Denton Creek is not listed as either threatened or impaired in the 2002 Clean Water Act Section 303(d) list, and the project is not within 5 miles upstream of a threatened or impaired water segment. Therefore, coordination with Texas Commission on Environmental Quality (TCEQ) is not required for total maximum daily loads. No permanent water quality impacts are expected as a result of the proposed project. Subsurface water would not be required for this project; therefore, no adverse effects to groundwater are expected to occur. Existing surface drainage patterns would be maintained. The area's public water supply treatment facilities and water distribution systems would not be affected by this proposed project. Temporary water quality impacts due to erosion and sedimentation would be controlled by job specifications. This includes on -site inspections during construction, silt fences, and by seeding during, and at the completion of, the project. TxDOT contract specifications require the contractor to minimize negative effects to water quality at all times during construction. The Clean Water Act makes it unlawful to discharge storm water from construction sites into waters of the U.S. unless authorized by the Texas Commission on Environmental Quality's (TCEQ) Texas Pollutant Discharge Elimination System (TPDES) General Permit. Because this project will disturb more than one (1) acre, TxDOT will be required to comply with the Texas Commission on Environmental Quality (TCEQ) - Texas Pollutant Discharge Elimination System General Permit for Construction Activity. The project will disturb more than five (5) acres; therefore, a Notice of Intent will be filed to comply with TCEQ stating that TxDOT will have a Storm Water Pollution Prevention Plan (SW3P) in place during CSIs: 3547 -01 -001 & 005 15 3547 -02- 001, 003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. construction of proposed project. This "SW3P" utilizes the temporary control measures as outlined in the Department's manual "Standard Specifications for the Construction of Highways, Streets, and Bridges ". Impacts will be minimized by avoiding work by construction equipment directly in the stream channels and/or adjacent areas. No long -term water quality impacts are expected as a result of the proposed project. Items of a Special Nature Airway- Highway Clearance The project corridor does not come within 20,000 ft of any airport property. Aircraft Clearance issues are not associated with this project. Coastal Zone Management Plan The proposed project is not located within the Texas Coastal Zone Management Program boundary; therefore, this project is not subject to the guidelines of the associated plan. Essential Fish Habitat The Magnuson- Stevens Fishery Conservation and Management Act, as amended on October 11, 1996, directs that all Federal agencies, whose actions would impact fish habitat, must consult with the National Marine Fisheries Service regarding potential adverse effects. This requires any project that receives Federal funding must address potential impacts to essential fish habitat. Due to the nature and location of this project, essential fish habitat would not be impacted. Wild and Scenic Rivers There are no wild and scenic rivers in the project area; therefore there would be no impacts to a river designated as a component or proposed for inclusion in the national system of Wild and Scenic Rivers. C. Applicable Regulatory Requirements and Required Coordination SH 121 is currently under construction and the proposed implementation of an electronic toll collection facility does not require additional regulatory permits or coordination. A public hearing would be conducted to gauge local support/opposition and to ensure that all relevant issues have been addressed in the EA. CSJs: 3547 -01 -001 & 005 16 3547 -02 -001, 003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. CHAPTER 2: DESCRIPTION OF THE ALTERNATIVES A. Process Used to Develop the Project Alternatives In the development process of the State FEIS, several build alternatives were considered as well as multimodal transportation options. Since the proposed project is already under construction, the following alternatives considered were "Toll" and "Non- toll." B. Requirements for and Benefits of Alternatives The following categories were analyzed to develop and evaluate project alternatives. B.1 Desired Project Benefits • Providing toll revenue as an additional funding source to pay for the capital cost, as well as operation and maintenance of the proposed corridor; • Creating a revenue source to fund future capacity improvements along the SH 121 corridor; • Allocating future excess toll revenue so that it would be reinvested in future (near timeframe) transportation projects in the local area (near neighbor); • Accelerate future project construction schedules and help alleviate congestion; and • Enhancing economic development and even accelerating the local tax -base growth. B.2 Environmental Protection Requirements Coordination and compliance with applicable environmental protection requirements was initiated and coordinated through the State FEIS. SH 121 is currently under construction and the proposed implementation of an electronic toll collection facility does not require additional CSJs: 3547 -01 -001 & 005 17 3547 -02- 001, 003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. regulatory permits or coordination. See Chapter 3 for a detail of the environmental consequences associated with the proposed electronic toll collection facility. C. Detailed Description of Project Alternatives C.1 Toll Alternative The concept of an electronic toll collection system is proposed for SH 121. With an electronic toll collection system, tolls would be collected through toll gantries positioned at certain mainlane and ramp locations. As currently conceived, tolls would be collected using a completely electronic system; the system would not be able to accept cash. Proposed mainlane and ramp gantry locations are depicted in Appendix C: Conceptual Toll Plan. Each mainlane toll gantry would span both directions of travel on a structure similar to a typical sign bridge. The gantry would support electronic toll collection reader units, video enforcement system cameras, illumination devices, automatic vehicle identification antennae, communications gear, and other necessary equipment. This equipment would be supported approximately 20 ft above the roadway surface and would be used to collect electronic toll data. Ramp gantries would be similar to the mainlane gantries, except that they would only span the width of the particular entrance or exit ramp. There would be no changes to ROW, design or to the footprint of the proposed facility in order to implement an electronic toll collection system. Right -of -way acquisition for the project has been ongoing since the previously approved State FEIS and is now 100 percent complete. Excess revenue from the electronic toll collection facility would be allocated to support near neighbor /near timeframe projects and construction schedules would be accelerated, thus expediting the alleviation of traffic congestion in the region. C.2 Non - Toll Alternative Under the non -toll alternative, no changes to the previously approved State FEIS would occur. Construction along the proposed SH 121 would continue, however additional transportation projects in the area would not be funded according to the near neighbor /near timeframe policy, since SH 121 would not generate excess toll revenue. CSJs: 3547 -01 -001 & 005 18 3547 -02- 001, 003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. CHAPTER 3: POTENTIAL AFFECTED ENVIRONMENT AND ENVIRONMENTAL CONSEQUENCES OF THE ISSUES STUDIED IN DETAIL A. Noise NCTCOG modeled toll traffic for 2025 (see Appendix C: 2025 Traffic Volumes). As a result, a new noise analysis was conducted based on the toll traffic projections. This analysis was accomplished in accordance with TxDOT's (FHWA approved) Guidelines for Analysis and Abatement of Highway Traffic Noise. Sound from highway traffic is generated primarily from a vehicle's tires, engine and exhaust. It is commonly measured in decibels and is expressed as "dB." Sound occurs over a wide range of frequencies. However, not all frequencies are detectable by the human ear; therefore, an adjustment is made to the high and low frequencies to approximate the way an average person hears traffic sounds. This adjustment is called A- weighting and is expressed as "dBA." Also, because traffic sound levels are never constant due to the changing number, type and speed of vehicles, a single value is used to represent the average or equivalent sound level and is expressed as "Leq." The traffic noise analysis typically includes the following elements: • Identification of land use activity areas that might be impacted by traffic noise. • Determination of existing noise levels. • Prediction of future noise levels. • Identification of possible noise impacts. • Consideration and evaluation of measures to reduce noise impacts. The FHWA has established the following Noise Abatement Criteria (NAC) for various CSJs: 3547 -01 -001 & 005 19 3547 -02- 001, 003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. land use activity areas that are used as one of two means to determine when a traffic noise impact would occur. FHWA NOISE ABATEMENT CRITERIA Activity dBA Category Leq Description of Land Use Activity Areas Lands on which serenity and quiet are of extra - ordinary A 57 significance and serve an important public need and (exterior) where the preservation of those qualities is essential if the area is to continue to serve its intended purpose. Picnic areas, recreation areas, playgrounds, active sports B 67 areas, parks, residences, motels, hotels, schools, churches, (exterior) libraries and hospitals. C 72 Developed lands, properties or activities not included in (exterior) categories A or B above. Undeveloped lands. 52 Residences, motels, hotels, public meeting rooms, E (interior) schools, churches, libraries, hospitals and auditoriums. NOTE: primary consideration is given to exterior areas (Category A, B or C) where frequent human activity occurs. However, interior areas (Category E) are used if exterior areas are physically shielded from the roadway, or if there is little or no human activity in exterior areas adjacent to the roadway. A noise impact occurs when either the absolute or relative criterion is met: Absolute criterion: the predicted noise level at a receiver approaches, equals or exceeds the NAC. "Approach" is defined as one dBA below the NAC. For example: a noise impact would occur at a Category B residence if the noise level is predicted to be 66 dBA or above. Relative criterion: the predicted noise level substantially exceeds the existing noise level at a receiver even though the predicted noise level does not approach, equal or exceed the NAC. "Substantially exceeds" is defined as more than 10 dBA. For example: a noise impact would occur at a Category B residence if the existing level is 54 dBA and the predicted level is 65 dBA (11 dBA increase). When a traffic noise impact occurs, noise abatement measures must be considered. A CSJs: 3547 -01 -001 & 005 20 3547 -02- 001.003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. noise abatement measure is any positive action taken to reduce the impact of traffic noise on an activity area. The FHWA traffic noise modeling software was used to calculate existing and predicted traffic noise levels. The model primarily considers the number, type and speed of vehicles; highway alignment and grade; cuts, fills and natural berms; surrounding terrain features; and the locations of activity areas likely to be impacted by the associated traffic noise. Existing and predicted traffic noise levels were modeled at receiver locations (Table 3 and Appendix C: Conceptual Toll Plan) that represent the land use activity areas adjacent to the proposed project that might be impacted by traffic noise and potentially benefit from feasible and reasonable noise abatement. TABLE 3 Traffic Noise Levels (dBA Leq) Representative NAC NAC Existing Predicted Change Noise Receiver Category Level 2005 2025 ( +1 -) Impact R1 Coppell Greens Sub. B 67 64 69 5 Y R2 Magnolia Park Sub. B 67 65 68 3 Y R3 Magnolia Park Sub. B 67 64 67 3 Y R4 Villas of Vista Ridge E 52 46 49 3 N R5 Vistas of Coppell B 67 65 68 3 Y R6 Vistas of Coppell B 67 65 68 3 Y R7 Vistas of Coppell B 67 64 67 3 Y R8 Vistas of Coppell B 67 65 68 3 Y R9 Denton Creek Elem. B 67 62 65 3 N R10 Coppell Mid. School B 67 62 65 3 N School Outdoor Activity B 67 66 68 2 Y Area R11 Enclaves Apts. E 52 47 50 3 N As indicated in Table 3, the proposed project would result in a traffic noise impact and the following noise abatement measures were considered: traffic management, alteration of CSJs: 3547 -01 -001 & 005 21 3547 -02- 001,003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. horizontal and/or vertical alignments, acquisition of undeveloped property to act as a buffer zone and the construction of noise walls. Before any abatement measure can be proposed for incorporation into the project, it must be both feasible and reasonable. In order to be "feasible," the abatement measure must be able to reduce the noise level at an impacted receiver by at least five dBA; and to be "reasonable," it must not exceed the cost - effectiveness criterion of $25,000 for each receiver that would benefit by a reduction of at least five dBA. Traffic management: control devices could be used to reduce the speed of the traffic; however, the minor benefit of one dBA per five mph reduction in speed does not outweigh the associated increase in congestion and air pollution. Other measures such as time or use restrictions for certain vehicles are prohibited on state highways. Alteration of horizontal and/or vertical alignments: any alteration of the existing alignment would displace existing businesses and residences, require additional ROW and not be cost effective /reasonable. Buffer zone: the acquisition of undeveloped property to act as a buffer zone is designed to avoid rather than abate traffic noise impacts and, therefore, is not feasible. Noise walls: this is the most commonly used noise abatement measure. Noise walls were evaluated for each of the impacted receiver locations. As listed in Table 4, noise walls would be feasible and reasonable for the following impacted receivers and, therefore, are proposed for incorporation into the project. TABLE 4 NOISE WALL PROPOSAL (preliminary) Representative Total # Length Height Total $/Benefited WALL Receivers Benefited (feet) (feet) ` Cost Receiver R1 Coppell Greens 5 ft. Main 1 Subdivision 25 3,000 Lane Noise $270,000 $10,800 Wall R2, R3 8 ft. Main 2 Magnolia Park 19 2,200 Lane Noise $316,800 $16,674 Subdivision Wall CSJs: 3547 -01 -001 & 005 22 3547 -02- 001, 003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. School Outdoor 8 ft NB 3 Activity Area, R5, 29 4,000 Main Lane $576,000 $19,862 R6, R7, R8 Vistas of Coppell Noise Wall Any subsequent project design changes may require a re- evaluation of this preliminary noise barrier proposal. The final decision to construct the proposed noise barrier would not be made until completion of the project design, utility evaluation and polling of adjacent property owners. To avoid noise impacts that may result from future development of properties adjacent to the project, local officials responsible for land use control programs should ensure, to the maximum extent possible, no new activities are planned or constructed along or within the following predicted (2025) noise impact contours. IMPACT DISTANCE LAND USE CONTOUR from RIGHT of WAY Residential 66 dBA 400 feet Commercial 71 dBA 200 feet Noise associated with the construction of the project is difficult to predict. Heavy machinery, the major source of noise in construction, is constantly moving in unpredictable patterns. However, construction normally occurs during daylight hours when occasional loud noises are more tolerable. None of the receivers is expected to be exposed to construction noise for a long duration; therefore, any extended disruption of normal activities is not expected. Provisions would be included in the plans and specifications that require the contractor to make every reasonable effort to minimize construction noise through abatement measures such as work -hour controls and proper maintenance of muffler systems. A copy of this traffic noise analysis will be available to local officials. On the date of approval of this document (Date of Public Knowledge), FHWA and TxDOT are no longer responsible for providing noise abatement for new development adjacent to the project. B. Air Quality CSJs: 3547 -01 -001 & 005 23 3547 -02- 001,003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. NCTCOG modeled toll traffic for 2025 (see Appendix C: 2025 Traffic Volumes). As a result, a new air analysis was conducted based on the toll traffic projections. The Transportation Improvement Program (TIP) contains programmed transportation improvements inside the metropolitan area boundary (MAB). Programmed transportation improvements located outside of the MAB are contained in the Statewide TIP (STIP). On April 14, 2004, the US EPA designated nine North Central Texas counties as a nonattainment area for the pollutant ozone under the eight -hour ozone NAAQS. The nine counties include: Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall and Tarrant. The 2006 -2008 TIP and Mobility 2025: The Metropolitan Transportation Plan (MTP), Amended April 2005 apply within the MAB. Areas within the nine counties listed, but outside the MAB, are referred to as the extended nonattainment area. Projects within the extended nonattainment area are identified in the Transportation Conformity Document. The proposed project is in Dallas and Denton Counties, which are part of the previously referenced MAB. The construction of the proposed project as a non -toll facility is consistent with the area's financially constrained, long -range metropolitan transportation plan (MTP) known as Mobility 2025: the Metropolitan Transportation Plan- Amended April 2005. On June 16, 2005, the MTP and 2004 -2006 Transportation Improvement Program (TIP) were found to conform to the Clean Air Act as amended. The proposed action, construction of SH 121, is currently included in the 2006 -2008 STIP. Due to the proposed tolling, the funding source will need to be revised in the 2006 -2008 STIP before the project can let as a toll facility. Additionally, the project comes from an operational congestion management system that meets all requirements of 23 CFR Highways, Parts 450 and 500. The primary pollutants from motor vehicles are volatile organic compounds (VOCs), carbon monoxide (CO) and nitrogen oxides. VOCs and nitrogen oxides can combine under the right conditions in a series of photochemical reactions to form ozone (03). Because these reactions take place over a period of several hours, maximum concentrations of ozone are often found far downwind of the precursor sources. Thus, ozone is a regional problem and not a localized condition. The modeling procedures of ozone require long term meteorological data and detailed area wide emission rates for all potential sources (industry, business, and transportation) and are normally too complex to be performed within the scope of an environmental analysis for a CSJs: 3547 -01 -001 & 005 24 3547 -02- 001, 003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. highway project. Accordingly, concentrations of ozone for this purpose of comparing the results of the NAAQS are modeled by the regional air quality planning agency for the State Implementation Plan (SIP). However, concentrations for carbon monoxide are readily modeled for highway projects and are required by federal regulations. The topography and meteorological conditions of the area in which the project is located would not seriously restrict dispersion of the air pollutants. The air quality was modeled at two locations along the corridor. The air receivers are displayed in Appendix C: Conceptual Toll Plan. The traffic data used in the analysis was obtained from NCTCOG. The traffic volumes resulting in the highest CO emission readings for 2008, the Estimated Time of Completion (ETC) year and 2028, the design year or ETC +20 are 27,080 vehicles per day (vpd) along the eastbound frontage road, 77,600 vpd for the eastbound main lanes, 78,970 vpd along the westbound main lanes and 25,390 vpd along the westbound frontage road. Using the CALINE3/MOBILE6 computer program and the aforementioned traffic data, CO concentrations were determined in accordance with the TxDOT Air Quality Guidelines. CO concentrations for the proposed action were modeled using the worst -case scenario (adverse meteorological conditions and sensitive receptors at the ROW line) in accordance with the TxDOT Air Quality Guidelines. Local concentrations of CO are not expected to exceed national standards at any time. Analysis Findings CO background ambient concentrations of 3.7 parts per million (PPM) for a one hour average and 2.3 ppm for an eight hour average were used in all alternatives analyzed. The National Ambient Air Quality Standards (NAAQS) for CO is 35.0 ppm for one hour and 9.0 ppm for eight hours. CO concentrations for this segment of SH 121 were modeled under the worst meteorological conditions (wind speed of 1 m/s, wind bearing of 90 °, stability class of F, surface roughness of 100 cm, and mixing height of 1000 m). Station number 2146+00 had the highest percent NAAQS for the existing year (2008) and the design year (2028) conditions as shown in Table 5. CSJs: 3547 -01 -001 & 005 25 3547 -02- 001, 003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. TABLE 5 Carbon Monoxide Concentrations Station 1 HR CO 8 HR CO Schematic Year 1 HR % NAAQS 8 HR % NAAQS Number (ppm) * (ppm) * Sheet No. 2008 2146 +00 7.5 21.43 % 4.58 50.89% 1 2028 2146 +00 7.5 21.43% 4.58 50.89% 1 *The National Ambient Air Quality Standard (NAAQS) for CO is 35 ppm for one hour and 9 ppm for eight hours. Analysis includes a one hour background concentration of 3.7 ppm and an eight hour background concentration of 2.3 ppm. Congestion Management System (CMS) The Congestion Management System (CMS) is a systematic process for managing traffic congestion. The CMS provides information on transportation system performance, alternative strategies for alleviating congestion, and enhancing the mobility of persons and goods to levels that meet state and local needs. The SH 121 proposed roadway expansion project was developed from the NCTCOG operational CMS, which meets all requirements of CFR 500.109. Operational improvements and travel demand reduction strategies are commitments made by the region at two levels: the program level and the project implementation level. Program level commitments are inventoried in the regional CMS and are included in the financially constrained MTP. The CMS element of the plan carries an inventory of all project commitments detailing the type of strategy, implementation responsibilities, schedules, and expected costs. At the project implementation level, travel demand reduction strategies and commitments would be added to the regional TIP or included in the construction plans. The regional TIP provides for programming of these projects at the appropriate time with respect to the Single Occupancy Vehicle (SOV) facility implementation and project specific elements. Committed congestion reduction strategies and operational improvements considered to be beneficial to the SH 121 study area would consist of addition of lanes, signalization, and intersection improvements. TxDOT, under the Congestion Mitigation and Air Quality Improvement Plan (CMAQ) program, would manage these projects, which are included in the regional CMS. Individual projects are listed in Table 6. CSJs: 3547 -01 -001 & 005 26 3547 -02- 001, 003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. TABLE 6 Operational Imyrovements in the Travel Corridor Location Type Funding Implementation TIP # Cost Ype Source Year SH 121 From 0.23 mile west of Business Additional of TxDOT - Dallas 2004 11239.0000 $150,402,000 SH 121 To Dallas Lanes North Tollway SH 121 From Tarrant County Line to Additional of TxDOT - Dallas 2007 0364 -02 -017 $70,100,000 Denton County Line Lanes near Denton Creek SH 121 From Dallas Additional of County Line to near Lanes TxDOT - Dallas 2006 0364 -03 -064 $11,685,440 Denton Creek IH 35E (Stemmons) TxDOT- From SH 121/ Trinity HOV Dallas/ 2000 2808.0000 $14,301,000 Mills To IH 635 DART SH 121 From Dallas/Denton County New Roadway TxDOT - Dallas 2003 3547 -01 -005 $7,548,427 Line to East of MacArthur Blvd. SH 121 From East of MacArthur Blvd. to New Roadway TxDOT - Dallas 2003 3547 -01 -008 $45,352,175 east of IH 35E SH 121 From Denton/Dallas County New Roadway TxDOT - Dallas 2003 3547 -02 -004 $12,160,541 Line to Dallas/Denton County Line SH 121 from north of 0.23 mile west of New Roadway TxDOT - Dallas 2003 3547 -03 -003 $5,319,249 Business SH 121 to Denton/Dallas County Signals region wide Traffic Signal (Phase 2 - Lewisville 2002 11082.0000 $700,594 Optimization) Improvement *Source: North Central Texas Council of Governments In an effort to reduce congestion and the need for SOV lanes in the region, TxDOT and NCTCOG would continue to promote appropriate congestion reduction strategies through the CMAQ program, the CMS, and MTP. The congestion reduction strategies considered for this project would help alleviate congestion in the study area but would not eliminate it. Therefore, the proposed SH 121 proposed roadway expansion project would be justified. CSJs: 3547 -01 -001 & 005 27 3547 -02- 001,003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. C. Socio - Economic Impacts This environmental assessment utilizes 2000 census information and other current and best available data. The evaluation addresses the requirements of Executive Order (EO) 12898, Federal Actions to Address Environmental Justice in Minority and Low- Income Populations; EO 13166, Improving Access to Services for Limited English Proficiency (LEP); Title VI, Civil Rights Act of 1964; Civil Rights Restoration Act of 1987; and the Federal Aid Highway Act of 1970. There does not appear to be disproportionate adverse impacts to any minority and/or low - income populations as a result of the implementation of the proposed project. Although some minimal effects of tolling the mainlanes currently under construction may occur for roadway users within the corridor, it is unlikely that the tolling of the mainlanes currently under construction would result in adverse socio - economic impacts to those roadway users or residents of the study area. It is anticipated that opening year tolls for automobiles using this facility would be consistent with the national average of 12 to 16 cents per mile. An investment grade traffic and revenue study is under development to determine a more detailed, appropriate pricing structure. Alternative non -toll routes include the SH 121 frontage roads, which would include a total of six travel lanes (three in each direction), as well as local arterial roadways (i.e. Business SH 121, Hebron Parkway, Memorial Drive Expansion project). The use of frontage roads would provide non - tolled alternatives for motorists not wanting or able to afford to travel the tolled mainlanes. Motorists using the frontage road may experience slightly longer travel times than motorists using the tolled mainlanes. This difference in travel times between the tolled mainlanes and the non - tolled frontage roads would be the highest during peak hours of travel when traffic congestion within the SH 121 corridor would be greatest. However, overall, the added capacity the proposed project offers would provide mobility and relieve traffic congestion for all motorists using the SH 121 corridor whether they use the mainlanes or frontage roads. Population and Demographic Characteristics Population data at the census block group level for the year 2000 from the U.S. Department of Commerce, Census Bureau, has been used in this socioeconomic analysis. Census CSJs: 3547 -01 -001 & 005 28 3547 -02- 001, 003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. block group data provides the appropriate level of detail for an area that is sufficiently small to characterize the area of impact. The Dallas metropolitan statistical area (MSA) experienced substantial growth in population during the 1990's. The eight county area 1 grew by 842,928 persons during the decade, a 31.5 percent growth rate. During that same period, Dallas County was ranked second and Denton County was ranked eighth in growth among Texas counties, as measured by the increase in the number of people. In 2000, Dallas County was the second most populous of the 254 counties in Texas, with 2,218,899 residents. In 2000, Denton County was the ninth most populous. The age distribution of an area provides an indication of the area's economic and income potential. According to the 2000 Census, Denton County's population had a median age of 31.0, compared to 31.1 for the Dallas County, 32.3 for Texas, and 35.3 for the U.S. The population age composition of the study area is shown in Table 7. A large percentage of the study area population is in the 18 -64 age group, the population with the greatest participation in the labor market. TABLE 7 Age Composition of the Population Census Total Age 0 -17 Age 18 -64 Age 65+ Block Population Number Percent Number 'Percent Number Percent Groups* CT 141.17, 0 0 0.0 0 0.0 0 0.0 BG 2 CT 141.18, 2,639 962 36.4 1,665 63.0 12 0.4 BG 1 CT 141.22, 3,243 1,162 35.8 1,941 59.8 140 4.3 BG 1 CT 217.10, 9,048 1,310 14.4 7,532 83.2 206 2.2 BG 1 Study 14,930 3,434 23.0 11,138 74.6 358 2.3 Area Source: U.S. Census Bureau, Census 2000. *Census Tract (CT), Block Group (BG) As one of the largest MSA's in Texas, the Dallas MSA offers a diversified economy, dominated by trade, services, and manufacturing. 1 Collin County, Dallas County, Denton County, Ellis County, Henderson County, Hunt County, Kaufman County, and Rockwall County. CSJs: 3547 -01 -001 & 005 29 3547 -02- 001,003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. Dallas County, Denton County, and the study area are expected to grow dramatically through the period ending in 2030. Population projections by the NCTCOG indicate that Denton County can expect to have 1,085,343 residents in 2030. That represents more than 657,200 new residents since 2000, an average annual rate of growth of 3.2 percent. NCTCOG projections also indicate that Dallas County can expect to have 2,817,191 residents in 2030. That represents 584,715 new residents since 2000, an average annual rate of growth of 0.78 percent. The NCTCOG developed projections in a four step process, starting with household and employment projections for the metropolitan area, as defined for regional transportation planning, which includes all of Collin, Dallas, Denton, Rockwall, and Tarrant counties as well as portions of Ellis, Kaufman, Johnson, and Parker counties. Wise County is included in the forecast area. The regional forecasts are consistent with state projections. Race and Ethnicity The project study area lies within four census block groups. Data from the 2000 Census for these census block groups, as shown in Table 8, has been used in this analysis. The four census block groups comprising the study area had a total population of 14,930. Overall, minorities account for 22.6 percent of the study area population, 19.4 percent of the City of Coppell population, and 29.8 percent of the City of Lewisville population. Comparison census block groups contain minority populations that range from 23.2 percent to 28.2 percent. Approximately 8.1 percent of the study area population is Hispanic and Asian, the predominant minority groups. The 2000 Census Block Groups for the study area is shown in Appendix A: Figure 3. Community Cohesion Community cohesion is a term that refers to an aggregate quality of a residential area. Cohesion is a social attribute that indicates a sense of community, common responsibility, and social interaction within a limited geographic area. It is the degree to which residents have a sense of belonging to their neighborhood or community or a strong attachment to neighbors, groups, and institutions as a continual association over time. Community cohesion would likely remain intact since SH 121 is an existing facility that serves as a boundary between neighborhoods and communities. 2 North Central Texas Council of Governments. North Central Texas 2030 Demographic Forecast. DFWinfo.com. 3 North Central Texas Council of Governments. North Central Texas 2025 Demographic Forecast. DFWfuture.com. CSJs: 3547 -01 -001 & 005 30 3547 -02- 001,003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. There are no distinct neighborhoods, ethnic groups, or other specific groups directly adjacent to the project. As a result, the proposed project would not effect, separate, or isolate any distinct neighborhoods, ethnic groups or other specific groups. Executive Order 13166 on Limited English Proficiency (LEP) calls for all agencies to ensure that their federally conducted programs and activities are meaningfully accessible to LEP individuals. Census block group data was obtained from the U.S. Census Bureau Census 2000 database. According to this information the "Ability to Speak English" for the population five years and over indicates 1.5% of the population within the census block groups along the project corridor speaks English "Not Well" or "Not at All." Table 8 contains the percent LEP population for each census block group in the project limits. In a windshield survey along the project corridor, English was observed on billboards and signs. An opportunity was provided for individuals to request an interpreter for the public meetings. None of the LEP populations would be discriminated against as a result of the proposed project. Reasonable steps would continue to be taken to ensure that such person have meaningful access to the programs, services, and information that TxDOT provides. Therefore, the requirements of Executive Order 13166 appear to be satisfied. Table 8 Percentage LEP Population: 1999 Total Pop 5 Years and Total Number Who Census,Block Group Older Speak English "Not % LEP Well" or "Not at All" CT 141.17, BG 2 0 0 0.0 CT 141.18, BG 1 2,304 23 0.9 CT 141.22, BG 1 2,815 53 1.8 CT 217.10, BG 1 8,413 135 1.6 Total Study Area 13,532 211 1.5 Source: U.S. Census Bureau. Census 2000. http://factfinder.census.gov. CSJs: 3547 -01 -001 & 005 31 3547 -02- 001, 003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. Environmental Justice In response to Executive Order 12898, signed by President Clinton on February 11, 1994, the U.S. Department of Transportation (U.S.DOT) developed an environmental justice strategy that follows within the framework of the National Environmental Policy Act (NEPA) and Title IV of the Civil Rights Restoration Act of 1987. Executive Order 12898 requires that federally funded projects identify and address any disproportionately high and adverse human health effects from environmental impacts to minority and low- income people. FHWA Order 6640.23 defines a minority as a person who is: 1) Black (having origins in any of the black racial groups of Africa); 2) Hispanic (of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race); 3) Asian American (having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands), or; 4) American Indian and Alaska Native (having origins in any of the original people of North America and who maintains cultural identification through tribal affiliation or community recognition). Low income is defined as a household income at or below the Department of Health and Human Services poverty guidelines. The U. S. Census Bureau uses a set of money income thresholds that vary by family gize and composition to determine who is low - income. The Bureau follows the Office of Management and Budget's (OMB) Statistical Policy Directive 14 in establishing the thresholds. In 2005, the weighted average threshold for a four person family was $19,350. A comparison of median household income and poverty status is shown in Table 9. The median household incomes of the census block groups included in the study area are similar compared to adjacent census block groups and corresponding municipalities. Median household income of census block groups (see Appendix A: Figure 3) comprising the study area ranged from $49,637 to $124,679 in 1999. 4 U. S. Department of Transportation, Federal Highway Administration. FHWA Actions to Address Environmental Justice in Minority Populations and Low- Income Populations, 6640.23. December 2, 1998. 5 1bid. CSJs: 3547 -01 -001 & 005 32 3547 -02- 001,003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. Table 9 Median Household Income and Poverty Status: 1999 Area/Census Po utation# Median Household Persons Below Poverty Level Block Group p Income Number Percent City of Coppell 35,914 $96,935 680 1.8 City of Lewisville 77,095 $54,771 4,629 6.0 CT 141.23, BG 1 2,209 $150,249 28 1.2 CT 217.10, BG 2 6,285 $68,025 237 3.7 CT 141.17, BG 2 0 $0 0 0.0 CT 141.18, BG 1 2,639 $124,679 22 0.8 CT 141.22 BG 1 3,243 $101,045 0 0.0 CT 217.10, BG 1 9,002 $49,637 437 4.8 Total Study Area 14,884 N/A 459 3.0 * Population for whom poverty status has been determined. Source: U.S. Census Bureau. Census 2000. http: / /factfinder.census.gov. As shown in Table 9, the poverty level in the study area census block groups ranged from 0.0 percent to 4.8 percent, resulting in a study area poverty level of 3.0 percent. The comparison census block groups' poverty levels ranged from 1.2 percent to 3.7 percent. It is not anticipated that there would be any disproportionate impacts to low income populations. Executive Order 12898 requires that federal agencies identify and address any disproportionately high and adverse human health and environmental impacts of their programs on minority and low- income populations. Disproportionately high and adverse effects on minority or low - income populations generally means an adverse effect that is predominantly borne by a minority population or low- income population or would be suffered by the minority population and/or low- income population, and is appreciably more severe or greater in magnitude than the adverse effect that would be suffered by the non - minority population and/or non - low - income population. For purposes of the analysis in this EA, disproportionate adverse impacts to minority or low - income populations is likely to occur when the minority and/or low - income population percentage within a given census block group being adversely impacted is either 50 percent of the total population of that census block group or is more than double the percentage of the population that is minority and/or low - income within the same city. Table 10 contains the racial and ethnic population for the project area. 6 U.S. Department of Transportation, Federal Highway Administration. FHWA Actions to Address Environmental Justice in Minority Populations and Low - Income Populations: 6640.23. December 2, 1998. CSJs: 3547 -01 -001 & 005 33 3547 -02- 001, 003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. Table 10 Racial and Ethnic Composition of the Population Population of One Race / Hispanic Area/ Not Hispanic or Latino or Total Census Block Total Latino Minority Population American Group Black or of Any Population White African Indian/ Asian Pacific Race American Alaska Islander Native City of Coppell 35,955 30,011 906 124 3,444 25 2,487 6,986 83.4% 2.5% 0.3% 9.5% 0.06% 6.9% 19.4% City of Lewisville 77,514 59,729 5,768 586 3,043 12 13,699 23,108 77.0% 7.4% 0.7% 3.9% 0.01% 17.6% 29.8% CT 141.23, BG 1 2,209 1,749 0 20 354 0 140 514 79.1% 0.0% 0.9% 16.0% 0.0% 6.3% 23.2% CT 217.10, BG 2 6,318 4,831 523 25 514 0 722 1,784 76.4% 8.2% 0.3% 8.1% 0.0% 11.4% 28.2% CT 141.17, BG 2 0 0 0 0 0 0 0 0 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% CT 141.18, BG 1 2,639 2.259 24 0 289 0 163 476 85.6% 0.9% 0.0% 10.9% 0.0% 6.1% 18.0% CT 141.22 BG 1 3,243 2,565 54 5 373 0 178 610 79.0% 1.6% 0.1% 11.5% 0.0% 5.4% 18.8% CT 217.10, BG 1 9,048 7,179 788 77 555 0 881 2,301 79.3% 8.7% 0.8% 6.1% 0.0% 9.7% 25.4% Total Study Area 14,930 12,003 866 82 1,217 0 1,222 3,387 80.3% 5.8% 0.5% 8.1% 0.0% 8.1% 22.6% Source: U.S. Census Bureau. Census 2000. http: / /factfinder.census.gov None of the census block groups have a 50% or greater minority population. The minority population percentage in the study area census block groups ranged from 0.0 percent to 25.4 percent, resulting in a study area minority population of 22.6 percent. Disproportionate impacts to minority groups are not expected as improvements to the transportation facility would benefit adjacent neighborhoods by improving the capacity of this section of SH 121 to meet growing transportation demands in this area. Economic Impacts In addition to time savings, enhanced safety, and reduced vehicle operating costs attributed to highway investment, construction and related activities financed through the Federal -aid program are important sources of employment for persons in many industries throughout the economy. A number of employment estimation models have been developed over the years. A new and improved employment estimation model called JOBMOD was recently developed for the FHWA by the Boston University Center for Transportation Studies and the Battelle Memorial Institute. The model is based on a statistical analysis of labor and material requirements information for the different types of completed Federal -aid highway projects CSJs: 3547 -01 -001 & 005 34 3547 -02- 001,003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. included in the Statement of Materials and Labor Used by Contractors on Highway Construction Involving Federal Funds (Form -47) database. The FHWA Fiscal Management Information System was a source of financial and improvement type details for completed projects. While the employment and material density coefficients for highway improvement types used in JOBMOD are average values derived from a large number of Federal -aid projects, and thus subject to a wide variety of conditions, the model provides a general magnitude of the anticipated impacts expected to result during the construction phase of the project. JOBMOD presents results for three rounds of spending. The proposed project is expected to cost an estimated $26,500,000 to construct. The first round includes all those jobs that are created either directly by the firms actually constructing the project or by the firms that provide direct inputs to the construction project. Based on the estimated construction cost, first round employment would be approximately 392 person - years, resulting in approximately $11,458,710 of first round employment income. Second round employment impacts include jobs in firms that provide inputs to the industries that directly provide materials and equipment used in highway construction. An example of a second round employment impact is a firm that provides sheet steel (second round) to the firm that makes the guard rail (first round). Second round employment generated by the proposed SH 121 project could be expected to add additional 151 person -years of employment, resulting in approximately $4,688,215 of second round employment income. Third round employment includes all jobs generated by consumer expenditures resulting from the wages paid for first and second round employment. It is equivalent to the standard input- output definition of "induced" employment, and reflects producers' response to an increase in demand for all types of goods and services. Third round employment would add approximately 432 person -years of employment during the SH 121 construction period, resulting in approximately $10,841,950 of third round employment income. The dollar value of goods and services produced across all sectors of the economy as a result of the expenditure of $26,500,000 to construct the improvements to the proposed project would be an estimated $128,260,000. Improvements to an existing roadway often result in adverse economic impacts as well. Firms that depend on passing traffic for their business, such as service stations, fast food 7 Users manual — JOBMOD Estimation Model. Presented to the U.S. Department of Transportation Federal Highway Administration Office of Transportation Studies and the Battelle Memorial Institute March 28, 2002. CSJs: 3547 -01 -001 & 005 35 3547 -02- 001, 003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. restaurants, and convenience stores, are particularly susceptible to the impacts of highway construction activities. Restricted access to business sites during the construction process is often a major concern. The construction related restrictions include closed driveways, temporarily reduced capacity of driveways or the roadway, intermittent blockage of roadways, and the uncertainty of customers about how to reach the business site during construction. Construction phasing would allow for new lanes to be constructed while traffic continues to utilize the current facility. As additional main lanes are constructed traffic can be shifted and would provide for the current number of lanes to continue throughout construction. Access to businesses can continue to be provided with temporary driveways across areas under construction with minimal interruptions. Controlling the turning movements, however, would result in safer access for customers of adjacent businesses. D. Visual and Lighting The toll gantries are an additional visual element associated with the proposed toll facility. The gantries would include various components of video enforcement equipment such as cameras, appropriate lighting and an interface with the electronic toll transponders. Although additional lighting would be incorporated as part of the violation enforcement system, these additional lighting components would add minimal lighting in comparison to the lighting structures currently planned for the roadway currently under construction. The gantry lighting design, although not complete at this time, has the potential to be designed to eliminate glare and ambient lighting for future adjacent residential development. E. Summary Comparison of Potential Effects Table 11 summarizes and compares the potential effects of the toll and non -toll alternatives on relevant issues. TABLE 11 Summary and Comparison of Effects of Alternatives on Relevant Issues Issue Non -Toll Build Toll Build Noise No change from the previously Minimal permanent impacts resulting from the project would approved State FEIS and be mitigated with the proposed noise walls. current construction status. CSJs: 3547 -01 -001 & 005 36 3547 -02- 001,003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. Issue Non -Toll Build Toll Build Air Quality No change from the previously The analysis indicates that project concentrations of CO approved State FEIS and would be below the NAAQS and would be equal to or below current construction status. the Non -Toll Build alternative. Socio- No change from the previously It is unlikely that the tolling of the SH 121 mainlanes Economic approved State FEIS and currently under construction would result in adverse socio- Issues current construction status. economic impacts to those roadway users or residents of the study area. Visual and No change from the previously The toll gantries would support additional lighting Lighting approved State FEIS and incorporated into the video enforcement system. However, current construction status. this lighting is not anticipated to impact adjacent property owners since the lighting is directed downward on the passing cars. CHAPTER 4: RECOMMENDATION OF THE PREFERRED ALTERNATIVE A. Identification and Rationale for the Preferred Alternative A.1 Preferred Alternative The Toll alternative satisfies the stated needs for the transportation improvement project and would satisfactorily meet the project objectives. A.2 Support Rationale The Toll alternative would meet the primary objectives of the proposed toll facility to utilize new funding tools to further expedite the construction of the transportation network in this region by: • Providing toll revenue as an additional funding source to pay for the capital cost, as well as operation and maintenance of the proposed corridor; • Creating a revenue source to fund future capacity improvements along the SH 121 corridor; • Allocating future excess toll revenue so that it would be reinvested in future (near timeframe) transportation projects in the local area (near neighbor); CSJs: 3547 -01 -001 & 005 37 3547 -02- 001, 003 & 004 3547 -03 -002 & 003 Environmental Assessment SH 121: From 0.23 Mile West of Business SH 121 to East of MacArthur Blvd. • Accelerating future project construction schedules and help alleviate congestion; and • Enhancing economic development and the local tax -base growth. The Toll alternative complies with all federal, state, and local environmental laws. SH 121 is currently under construction and the proposed implementation of an electronic toll collection facility does not require additional regulatory permits or coordination. A public hearing would be conducted to gauge local support/opposition and to ensure that all relevant issues have been addressed in the EA. B. Mitigation and Monitoring Commitments Noise walls would be feasible and reasonable at three locations and are proposed to be incorporated into the proposed project. C. Recommendation for Alternative Selection and a FONSI Based on the information in this EA and in the project's administrative record, TxDOT recommends implementation of the Toll alternative. The engineering, social, economic, and environmental investigations conducted thus far on the proposed project indicate that it would result in no adverse impacts to the quality of the human or natural environment. TxDOT requests that FHWA find that implementing the Toll alternative would not be a major Federal action significantly affecting the quality of the human environment and thus issue a Finding of No Significant Impact for this project. CSJs: 3547 -01 -001 & 005 38 3547 -02- 001,003 & 004 3547 -03 -002 & 003 SH 121: From 0.23 Mile West of Business SH 121 Environmental Assessment to East of MacArthur Blvd. APPENDIX A: FIGURES CSJs: 3547 -01 -001 & 005 3547 -02 -001, 003, & 004 3547 -03 -002, & 003 FIEWA.WilF1111111/1114 ''' g' 1 4 :i• r I ; �� lii��) /, � z ° m ma co o E d '- i�.r . " ♦ w d ' d o as It Z r .r.�. m1 Va., ,, a H 4 l u ratu � ; -v is ,wt/'� c..) o E .. n 6 � abar el , ' ._ Sr i o w I U W a ._ \ r 1 1♦Iq`I ca �1 .0 111' ~ l ll e II 1 +,r 1 \ � �` +�i i ;� (� • s;r! gl. ...- .. 111 "! o 1 1 1 1 1 �,► �� ,, i ga0 li la -r �. 1 I : , 1 l t,, . 1 - ' � L� hj � .;tilll � , fi ll'ia ...r �i1J� ��� ego ��" � ` t Old De ton .,.14, iart.l ��, ,. ,,,, l ik, 1....„, ..0. 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T •`l_, r - - t 1�• �� [ 4,.. `taMi {��r' 4 :.-z . :1 I: • \%.,".* .-- � L ri. t • 4 w , , . 1�� -.:. , 121. i o .. _:�,.: Li .. . • ., pjl r as- J " ' , p " y • TEXAS •.' . o- . . • r.• 71 •• ` . -' � `! _ �y , •?r {.,' +' 6 { �� J _ _ - _ � - ¢ !':• i;:. 1/' ;fir.: �. ' p , k d '' Vi a, r , _.`,r -' 1 .:tiy, , ' e ; . , tom a_ ,.' 1 .fi t-- y .- - • • t �+ " • � ...- AI /I ::.::*;') f i �� _I I - � .11 a i -, I • t � Y•J• t/' LEGEND r_r — 1/ L II - ' I Ca Y - l `` ' �•:'� t y5 Project Ar •♦ \ - t. 1 r : I I F _ ` ,may ' c :: r i , \� Y • " '. -!. `' � -•.y ` Flooplain `• ' /� __ • 4.. l.t 1f , • r r# i ,' , . .,, A ; !~� a ` •n .•.1' 500 - Year r 1 _ ice_ t i : 1 j�' ...,,,--",'"'::•;.; "� t L.',, � V r 1 a' 11 1 Yt r ` .f - �'` 100 -Year 0 0.5 1 1.5 N Texas Department of Transportation A ...._ Miles FIGURE 2 m■■■■ ;` USGS QUADRANGLE AND INENNE Nom Iiiitirel_111111111111.1 r* FEMA FLOODPLAIN MAP ■■■■■■ � . "1":"'; i SH 121 ■ ■■t ` � ' ON 111111111141111 /rr /■` �� �■ r FROM 0.23 MILE WEST OF ■ ■ tK BUSINESS SH 121 TO EAST MI■■■■■■ k ir * I 1 �r ■ ■■� ■■A•W j M i *� OF MACARTHUR BLVD 'r�w� ■� ■ � ■r \���► ~�; "Ir 0.111111/kill � � CSJs: 3547 -01 - 001 & 005 r` q � ` � tuirfor . �. 3547 -02 -001, 003 & 004 � � u � �'"** r I � � r ■ � 3547 -03 -002 & 003 ■� / w� Envir onmental Assessmuntiesent 1�� ♦e't I nv � 4' 111 . Vitt. • ■.� �ii. '�� ► "� D allas an Denton (',a. Texas �' I Sour USGS Quadrangles - Lewisville West TX, 1960, '��` ii i . � a ` ,`�'r rev. 1981); Lewisville East TX, 1960 (rev. 1981); ` = � �uill' ■ Z� k Grapevine TX, 1959 (rev 1981); Carrollton TX, 1959, til�l� TOlon - s P= LII%T ,W • ∎1 (rev. 1981); FEMA Q3 Data - Dallas, Denton and L) „. lra br Tarrant Counties _ .- ..... . _ ■ ..- 1 ____ , --Niker CT 217.10 BG 1 BG 3 CT 217.10 BG 2 Flow- Li . I . : • 35E ___.------- F CT 217.10 BG 1 Project End ID BUSINESS CT 217.09 1 BG 3 TEXAS Project Begin 121 j7 I-r --- --- - - • TEXAS • .------ Denton 6ount • CT 141.18 BG 1 1 ---.........---- CT 141.17 / ------- 'ee, CT 141,22 -- BG 2 / _ ,-\ __.-BG AN CT 141.23 ..'' BG 2 ....,' / 121 CT 141.17 CT441 .2 TEXAS CT 141.18 ' BG 2 CT 141.18 CT 141.22 'BG 3 CT 141.23 BG 3 BG 2 BG 4 CT 141.26 CT 141.22 /_ BG 4 BG 4 CT 1 4126 --6 CT 141.26 CT 141.19 CT 14t20 CT 141.20 , E S CT 141.26 / - BG 1 BG 2 --- I CT 141:19 --- BG 3 BG 2 BG 2 - BG 1 _ ------)r __ _ N 0 0.25 0.5 0.75 1 0 zoos __ Texas Department of Transportation ......— e=i-- mi l ..... FIGURE 3 Emu moun 11111 itift 2000 CENSUS TRACTS NIENEN emwilLii_aurA ■Millig allinNEN, driallaS MI 105,1 WITH BLOCK GROUPS 111111NEEMANt lib al .,.Ata :•••:::::.. 4rilda ........... • . 4 ... ii,__ if - diritalip SH 121 Milmad OW.% l FROM 0.23 MILE WEST OF II NFOrialliiiMil%■4SIOPISI BUSINESS SH 121 TO EAST 0.1111 Ilif ■. rojkaa V iNgh411 I I I IL 111.1111MINIIViiit 3.41,11111_1_11.40 OF MACARTHUR BLVD Virligrig VIVITtlar ralaW g in IfiliWIE.1 CSJs: 3547-01-001 & 005 , aseqfp tr 611.1rAgisipitemm mil landk4400,106 GM ./111112%,...11," fie 3547-02-001, 003 & 004 111111111■4-- 11111110r loom ,■111.11111K1 M. V i d 3547-03-002 & 003 lima rigaiv. . Environmental Assessment . ,,, , T A . illpi ,.., Mit ',.1 ....kW Wil:Bill I I 1111 E Era' -, op FAH Dallas and Denton Counties, Texas 1 glibrAinglarair6111.11°".41111 2 irm .. „ Aillh A it ah. _ Source: United States Census Bureau, 2000 SH 121: From 0.23 Mile West of Business SH 121 Environmental Assessment to East of MacArthur Blvd. APPENDIX B: AGENCY COORDINATION CSJs: 3547 -01 -001 & 005 3547 -02 -001, 003, & 004 3547 -03 -002, & 003 » §j State Highway 121, Lewisville Bypass From Existing S.H. 121, 0.4 mile west of Denton Creek To Existing S.H. 121, 0.05 mile east of F.N. 423 Dallas and Denton Counties, Texas \ • • J } ADMINISTRATIVE ACTION \ \d FINS I\ ENVIRONMENTAL AL I ACT STATEMENT \�f } : 11 }k \{ n1$ \ , , 1 Texas Department of Highways and Public Transp rtation \ /) \ \� \ƒ t jT / 2 : ! { ) For more information } <i4 concerning this document . \\ / contact x nneth C. eon slay, P. E. Eleventh and Brazos Street . \) ' Austin, Texas 78701 -2483 7( / \\ \ \ / \ i _ 1 / 1 \ : January I990 k }\ d ( \� MI IA I VI 3 « DATE of APPROVAL: ," //7, : \ \ APPROVED: � e . " / -- A .� _ j l\ p/\ FRANK D. x LzMAKN, .,E. /1 \f.i; \ CHIEF ENGINEER, HIGHWAY DESIGN y \j / } \� y{ , : \ . // rev. 5/92 ' } Record Decision Issued 0 4/28/93 r v. 7/90 \ }� § $ a, Regional Transportation Council The Transportation Policy Bony for tr±e North Central Texas Council o> Governmenle Minrepctilarr Plarn rg Orgailzalon `r' to Da?as-r cn '0 :rte *egioni TO: Texas Department of Transportation Texas D October 1, 2004 North Texas Toliway Authority r of transportation Dallas Area Rapid Transit OlStrlct N0. 18 Fort Worth Transportation Authority OCT 0 Federal Highway Administration 2�Q4 Federal Transit Administration Impacted Local Governments Denton County Transportation Authority FROM: Michael Morris, P.E. Director of Transportation SUBJECT: Resolution Approving the Texas Metropolitan Mobility Plan On August 12, 2004, the Regional Transportation Council (RTC) of the North Central Texas Council of Governments (NCTCOG) approved the Texas Metropolitan Mobility Plan. RTC Resolution R04 -03 is enclosed for your information. On September 9, 2004, the RTC also approved the Unified Transportation Program Projects. A copy of Resolution R04 -05 is also enclosed. The Texas Metropolitan Mobility Plan, the region's framework to address the long -term needs for the movement of goods and people, is adopted and available to the public. It is based on basic concepts of planning, funding, and streamlined project delivery, Emphasis includes strategies to reduce congestion and improve system mobility, as well as overall system performance. Particular attention was focused on identifying all deficiencies in the future transportation network not addressed in the current financially- constrained Metropolitan Transportation Plan. Costs are also estimated to address these deficiencies, along with real -world solutions. The Texas Metropolitan Mobility Plan was developed in response to a state -wide initiative and impacts future planning decisions with local governments, the Texas Department of Transportation, North Texas Toliway Authority, Dallas Area Rapid Transit. Fort Worth Transportation Authority, Denton County Transportation Authority. and other transportation agencies. Section 8 of Resolution R04 -03 and Section 9 of Aesoiution R04 -05 require that they be provided to all impacted parties. If you have any questions, please call Michael Burbank at (817) 695 -9251, • ) A ..,a Michael Morris. P.F. ` ) C;C:'i:■'.:iit ......... MB tang Enclosure -cc: _ . • roject File _ 0, Box 5686 • Arington, Texas 78005 -5538 • (517' 695-924C • FAX (817; 8 Q pupil: w.nctcoo :st.tx.us;t7ans ( I RESOLUTION APPROVING THE TEXAS METROPOLITAN MOBILITY PLAN FOR THE DALLAS -FORT WORTH METROPOLITAN AREA R04 -03 WHEREAS, the North Central Texas Council of Governments (NCTCOG) has been designated as the Metropolitan Planning Organization (MPO) for the Dallas -Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Dallas -Fort Worth Metropolitan Area has a population greater than 200,000 and has, therefore, been designated as a Transportation Management Area (TMA); and, WHEREAS, the Regional Transportation Council (RTC), corrprised primarily of local elected officials, is the regional transportation polity body associated with the North Central Texas Council of Governments and has been and continues to be a forum for cooperative decisions on transportation; and, WHEREAS, the Transportation Equity Act for the 21" century (TEA -21) assigns the MPO the responsibility for carrying out the metropolitan planning process, in cooperation with the State and operators of publicly owned transit services; and, WHEREAS, the Texas Transportation Commission has instituted a new requirement for the eight largest TMA's in the state to develop locally -based Texas Metropolitan Mobility Plans, targeting and quantifying out -year funding needs; and, WHEREAS, the Regional Transportation Council has been identified as the regional policy- making body responsible for the approval of the Texas Metropolitan Mobility Plan; and. WHEREAS. the planning process used in the development of this Pan was conducted in accordance with NCTCOG's approved public involvement procedures, including involvement of the transportation providers and presentation of the Plan at public meetings prior to RTC approval of the plan: and, WHEREAS, the Texas Metropolitan Mobility Plan has been recommended for approval to the RTC by NCTCOG's Surface Transportation Technical Committee. NOW, THEREFORE, BE IT HEREBY RESOLVED: Section 1. That the Regional Transportation Council approves the Texas Metropolitan Mobility Plan for the Dallas -Fort Worth Metropolitan Area. Section 2. That the total transportation need in the Dallas -Fort Worth Metropolitan Area is $100 Billion through the year 2025. Section 3. That the Texas Metropolitan Mobility Pian identifies needs beyond the financially- constrained Metropolitan Transportation Plan. Er Section 4. That this process was conducted consistently and simultaneously with the other eight Transportation Management Areas in Texas. Section 5. That this process was conducted according to statewide planning process guidelines. Section 6. That the Regional Transportation Council is reviewing public comment on the shorter -range listing of prioritized regional projects as contained within the 2005 Unified Transportation Program and is scheduled to take action on September 9, 2004. Section 7. That the Regional Transportation Council requests the Texas Transportation Commission and the Texas Legislature to review and address the out -year funding needs for the Dallas -Fort Worth region. Section 8. That this resolution will be transmitted to the Texas Transportation Commission, the Texas Department of Transportation, and other impacted agencies or local governments. Section 9. That this resolution shall be in effect immediately upon its adoption. I Okili / :S Jade l-latchel Chairman Regional Transportation Council Commissioner, Collin County , I hereby certify that this resolution was adopted by . - Regional Transportation Council of the North Central Texas Council of Governments for - e i. llas -F. Worth i Ira litan Area on August 12 2004. LW, Cy l ` T ite. '-cretary Regi. Transportation Council Com •s ioner. Denton County I. RESOLUTION APPROVING THE TEXAS METROPOLITAN MOBILITY PLAN AND UNIFIED TRANSPORTATION PROGRAM PROJECTS FOR THE DALLAS -FORT WORTH METROPOLITAN AREA R04 -05 WHEREAS, the North Central Texas Council of Governments (NCTCOG) has been designated as the Metropolitan Planning Organization (MPO) for the Dallas -Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Dallas -Fort Worth Metropolitan Area has a population greater than 200,000 and has, therefore, been designated as a Transportation Management Area (TMA); and, WHEREAS, the Regional Transportation Council (RTC), comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments and has been and continues to be a forum for cooperative decisions on transportation; and, WHEREAS, the Transportation Equity Act for the 21 century (TEA -21) assigns the MPO the responsibility for carrying out the metropolitan planning process, in cooperation with the State and operators of publicly owned transit services; and, WHEREAS, the Texas Transportation Commission has instituted a new requirement for the eight largest MIA's in the state to develop locally -based Texas Metropolitan Mobility Plans, targeting and quantifying out -year funding needs; and, WHEREAS, the Regional Transportation Council has been identified as the regional policy - making body responsible for the approval of the Texas Metropolitan Mobility Plan; and, WHEREAS, the planning process used in the development of this Plan was conducted in . accordance with NCTCOG's approved public involvement procedures, including involvement of the transportation providers and presentation of the Plan at public meetings prior to RTC approval of the plan; and, WHEREAS, the Texas Metropolitan Mobility Plan and Unified Transportation Program Projects has been recommended for approval to the RTC by NCTCOG's Surface Transportation Technical Committee. NOW. THEREFORE, BE IT HEREBY RESOLVED: Section 1. That the Regional Transportation Council approves the Texas Metropolitan Mobility Plan for the Dallas -Fort Worth Metropolitan Area. Section 2. That the total transportation need in the Dallas -Fort Worth Metropolitan Area is $100 Billion through the year 2025. Section 3. That the Texas Metropolitan Mobility Plan identifies needs beyond the financially- constrained Metropolitan Transportation Plan. Section 4. That this process was conducted consistently and simultaneously with the other eight Transportation Management Areas in Texas. Section 5. That this process was conducted according to statewide planning process guidelines including past public meetings between TxDOT and Regional Transportation Council staff. Section 6. That the Regional Transportation Council has reviewed public comments on the shorter -range listing of prioritized regional projects as contained within the 2005 Unified Transportation Program and approves the attached listing. Section 7. That the Regional Transportation Council requests the Texas Transportation Commission and the Texas Legislature to review and address the out -year funding needs for the Dallas -Fort Worth region and the State of Texas. Section 8. That the Regional Transportation Council approves the Texas Metropolitan Mobility Plan Excess Toll Revenue Sharing Policy, as attached. Section 9. That this resolution will be transmitted to the Texas Transportation Commission, the Texas Department of Transportation, and other impacted agencies or local governments. Section 10. That this resolution shall be in effect immediately upon its adoption, (kA .e... Jac Hat5hell, P.E., Chairman Regions Transportation Council Commissioner, Collin County I hereby certify that this resolution was adopted by tba_Regional Transportation Council of the North Central Texas Council of Governments fa e Dallas -Fort Worth Metropolitan Area on September 9, 2004. i , r i j l i I f t tl . • Cynthia ! ite, ecretary Regional Transportation Council Comnli Denton County f 1! . iNn i f 1 il N N r 1 ', • r [} n i4 .+ c � —'-',. 0 31 ir a. 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F ,) g j rf- gl IA g j Is 1 KI ra i QQ .,,,, , • I I 8 9 I l 412 ~ i _ k i 1 g 1 ss g g E! 5I 1 a i Iiij a $ i g1 1 E> 4 , $ ' ; s a u Ali Int [ is g ~la R 1 m- 1 t r � I R &' : 3 1 , y i ! d L it k I » = M M o A v .: _ l , c t I 1 I iii 11 i t i a s i 1 1-4- s t r Y ~ r : : e ., i I _ , = , lb am T 1 plsal u -'' ��' { ' u 3 2 &1$51 i c t ilbbtii j g e 1 S I s - t St3St' d ''k W4 s ja = a Si '�ss3L! r ^ : i ! 1 .c 495888 f 1 is g jillt31 , x '.gym d 'e j j f � a i ! y .`€ $ 'a' Y'A a a s 1 TEXAS METROPOLITAN MOBILITY PLAN EXCESS TOLL REVENUE SHARING Purpose: to establish a framework for the allocation of future r evenue from toll projects in the North Central Texas region. 1. The focus of this policy is TxDOT- sponsored toll projects.' 2. Excess toll revenue is defined as annual toll revenue after the bonds are paid off, and after annual reserve funds have been set aside to cover facility operational costs, anticipated preventive maintenance activities, and the expected cost of rehabilitation or reconstruction of the facility. 3. Excess toll revenue from individual projects may be used to help pay down the bonds on other toll projects, to ensure that all of TxDOT5 toll bond obligations in the region are rnet. 4. All excess revenue generated from individual toll projects shall remain in the TxDOT district in which that revenue- generating project is located. 5. All (or a portion of) the excess revenue generated from individual toll projects shall remain in the counties in which that revenue- generating project is located. These funds can be used to fund future projects either on or off the State system, 6. Projects funded with excess toll revenue should be selected in a cooperative TxDOT -RTC selection process which considers the desires of the cities and counties in which the revenue- generating project is located. Excludes managed canes_ { k i { f•fl i Texas Depart:r ^:,s -if 1 -••1- _._.:_., ma Regional Transportation Council District N. L., The Transportation Policy Body for the North Central Texas Council of n� Governme (Metropolitan Planning Organization for the Dallas -Fort Worth Reg:on) MbA '+ - " fl` — TO: S.H. 121 Memorandum of DATE: March 24, 2005 Understanding Signatories FROM: Michael Morris, P.E. Director of Transportation SUBJECT: Transmittal of S.H. 121 Memorandum of Understanding The S.H. 121 Memorandum of Understanding (MOU) that outlines the funding strategy associated with the tolling of S.H. 121 from the southern end of the S.H. 121 Bypass at Denton Creek to the Dallas North Toliway has recently been finalized. A fully executed original is being transmitted to you via certified mail. As noted in the document, this MOU serves as a staff planning document, which will be supported by subsequent approval by your policy bodies by resolution. The North Central Texas Council of Governments and Texas Department of Transportation have secured or are pursuing funding for all projects identified in the MOU. Please note that all projects included in the S.H. 121 MOU will go to bid as soon as funding is available and the project is ready for construction. We look forward to working with you in the future to monitor these projects and facilitate their timely implementation. Please contact Christie Jestis or me at 817/695 -9240 if you have any questions or if you need any additional information regarding the S.H. 121 Memorandum of Understanding. A / / / , adiaciaddi Ade M ael Morri , P. . LS:bw Enclosure cc: Bob Brown, P.E., Assistant District Engineer, Texas Department of Transportation Ken Griffin, P.E., City Engineer, City of Coppefl Jerry Hodge, Director of Public Works, City of Grapevine Cesar Molina, Jr., P.E., Director of Transportation, City of Carrollton John Polster, Innovative Transportation Solutions, Inc. Cissy Sylo, P.E., Director of Engineering Servi s, Cipt gip ay 1/ . Alan Upchurch, P.E., City Engineer, City of PI t �' � 2004 -2005 UPWP Element 3.01 Project F ) g. O — - - - : __ __ oc6 t M� ii`�� � �1�+ () - � � E k¢ 3k 7\ Q Pt(' () stx J—C". } Comment! .. �ES �\ P. 0. Box 5888 • Arlington. Texas 76005 -5888 •-f8 ■ - • fist.imwsti http: / /www.nctcog.dsftx "ris /trans MEMORANDUM OF UNDERSTANDING S.H. 121 Funding Strategy This memorandum of understanding (MOU) is a staff planning document that is intended to outline the agreement regarding the S.H. 121 tolIway funding strategy and is not intended to be a legally binding or enforceable agreement. On March 25, 2004, the Texas Transportation Commission approved Minute Order 109615, which allows the Texas Department of Transportation (TxDOT) to issue bonds and other public securities to fund state highway system improvements. Subsequently, TxDOT and the North Central Texas Council of Governments (NCTCOG) recommended the construction of S.H. 121 as an electronic toll facility from the southern end of the S.H. 121 Bypass at Denton Creek to the Dallas North Tollway (DNT). Denton County, The Colony, Lewisville, Carrollton, Coppell, Frisco, Plano, and Grapevine concur with the TxDOT and NCTCOG recommendation. The impacted parties hereby do state their positions concerning the funding strategy and, subject to the various conditions contained herein and approval of appropriate funding and contractual documents, their intent to subsequently enter into binding agreements which will implement the following basic terms. It is noted that all projects included below will go to bid as soon as the project is ready for construction. I. NEAR NEIGHBOREAR TIMEFRAME POLICY DENTON COUNTY I.H. 35E: from President George Bush Turnpike (PGBT) to the Lake Lewisville Bridge • Denton County will contribute 557 million from TRIP -04, the Transportation Road Improvement Program — 2004 from County Judge, Commissioner Precinct 1, and Commissioner Precinct 3 funds. • TxDOT agrees to fund the remaining cost of Design, Right -of -Way (ROW), and Construction. • TxDOT agrees to make every effort possible to open I.H. 35E to traffic by 2011 or within seven years of agreement on S.H. 121. F.M. 720: from .2 Miles West of Garza Lane to .1 mile west of F.M. 423 • Denton County agrees to use 56 million in TRIP - 04 funds to provide the Environmental Assessment (EA), Schematic, PS &E, and 10% of ROW costs from Commissioner Precinct 1 funds with remaining funds committed to the cost of construction. • TxDOT/NCTCOG agree to fund 90% of ROW and the remaining cost to construct F.M. 720. • TxDOT/NCTCOG agree to make every effort possible to open F.M. 720 to traffic by 2008. F.M. 423: from S.H. 121 to U.S. 380 • Denton County will provide the EA, Schematic, and PS &E for F.M. 423 from Stewarts Creek Road to U.S. 380 from Commissioner Precinct 1 funds. Denton County will also pay 10% of ROW for this segment with 53.5 million in TRIP -04 funds with remaining funds committed to the cost of construction. • TxDOT/NCTCOG agree to fund remaining cost of construction for F.M. 423 from Stewarts Creek to U.S. 380. • Denton County agrees to fund 100% of the cost of the EA, Schematic, and PS&E for F.M. 423 from S.H. 121 to Stewarts Creek Road. • Denton County agrees to fund 10% of ROW for F.M. 423 from S.H. 121 to Stewarts Creek Road from Commissioner Precinct 2 funds. • TxDOT/NCTCOG agree to fund 90% of ROW for F.M. 423 from S.H. 121 to U.S. 380. • TxDOT/NCTCOG agree to fund 100% of construction for F.M. 423 from S.H. 121 to Stewarts Creek. • TxDOT/NCTCOG agree to make every effort possible to accelerate F.M. 423 letting o 8 permit it to be open to traffic near F.M. 720 completion and coordinated with the northern F.M. 423 segment, but in any event within six years of agreement on S.H. 121. Page 1 of 5 Reprioritization of S.H. 114 Denton County agrees to stage construct S.H. 114 from I.H. 35W to F.M. 156 freeing up approximately $47 million. In return, Denton County requests the following: S.H. 114: from .3 Miles East of 'Wise/Denton County Line to 2,100 Feet West of F.M. 156 • Denton County to provide EA, Schematic, and I0% ROW. • TxDOT/NCTCOG agree to fund PS &E, 90% of ROW and 100% Construction (funds for this project already exist in the Unified Transportation Program). • TxDOT/NCTCOG agree to make every effort possible to let S.H. 114 by 2006. F.M. 407: from F.M. 1830 to Chinn Chapel Road • Denton County to provide EA, Schematic, PS&E, and 1 0% ROW. • TxDOT/NCTCOG agree to fund 90% of ROW and 100% of construction. • TxDOT/NCTCOG agree to make every effort possible to let F.M. 407 by 2006. De- federalization of Projects Denton County agrees to reprioritize $18.25 million of its participation in the following projects in the following amounts: • I.H. 35E Commissioner Precinct 2 funds totaling $2 million • F.M. 423 Commissioner Precinct 2 funds totaling $10.5 million • F.M. 544 Commissioner Precinct 2 funds totaling $5.75 million TxDOT/NCTCOG agree to fund the $18.25 million reprioritized by Denton County as outlined above, if Denton County will fund the following local projects totaling $18.25 million: • Memorial Drive (three sections) from Blair Oaks to Navaho (0/2 to 4 lanes) totaling $4.75 million • South Colony Blvd. from Memorial Drive to S.H. 121 (0 to 4 lanes) totaling $2.25 million • Paige Road from South Colony to North Colony (4 to 6 lanes) totaling $4.25 million • F.M. 423 10% ROW totaling $4 million • The Colony's share of utility relocation and installation costs along F.M. 423, not funded by TxDOT, totaling $3 million. The defederalized funds allocated to local projects are not necessarily prioritized in the order in which they appear in the Memorandum of Understanding, but will be funded according to the agreements executed between Denton County (Precinct 2) and the City of The Colony. COLLIN COUNTY Upon reimbursement by TxDOT, Denton County agrees to refund Collin County's State Infrastructure Bank loan expenditures. CITY OF THE COLONY F.M. 423: from S.H. 121 to U.S. 380 The City of The Colony benefits from the construction of F.M. 423 (see terms outlined in the Denton County - S.H. 121 Near Neighbor/Near Timeframe Projects above). F.M. 720: from .2 Miles West of Garza Lane to .1 mile west of F.M. 423 The City of The Colony benefits from the construction of F.M. 720 (see terms outlined in the Denton County - S.H. 121 Near Neighbor/Near Timeframe Projects above). Page 2 of 5 Denton County agrees to fund the following projects as listed in the De- federalization section: • Memorial Drive (three sections) from Blair Oaks to Navaho (0/2 to 4 lanes) totaling $4.75 million • South Colony Blvd. from Memorial Drive to S.H. 121 (0 to 4 lanes) totaling $2.25 million • Paige Road from South Colony to North Colony (4 to 6 lanes) totaling $4.25 million • F.M. 423 10% ROW totaling S4 million • The Colony's share of utility relocation and installation costs along F.M. 423 not funded by TxDOT, totaling $3 million Upon reimbursement by TxDOT, Denton County agrees to refund the City of The Colony's State Infrastructure Bank loan expenditures. NCTCOG will request that the North Texas Tollway Authority (VITA) have a tolltag store within the City of The Colony to accommodate local utilization. NCTCOG will request that NTTA initiate discussion regarding the use of tolltags by rental vehicle agencies. CITY OF LEWISVILLE I.H. 35E from PGBT to Lake Lewisville Bridge • TxDOT/NCTCOG agree to fund an additional 58 million to replace the City of Lewisville's $8 million bond fund contribution to the I.H. 35E project. Local Projects: • NCTCOG agrees to fund $8 million toward a local project, preliminarily identified as Corporate Drive, in the City of Lewisville. The City of Lewisville agrees to fund the Local match for this project. • Upon reimbursement by TxDOT, Denton County agrees to refund the City of Lewisville's State Infrastructure Bank loan expenditures. CITY OF CARROLLTON I.H. 35E from PGBT to Lake Lewisville Bridge • Denton County will contribute $57 million from TRIP -04. • TxDOT agrees to fund the remaining cost of Design, ROW, and Construction. • TxDOT agrees to make every effort possible to open I.H. 35E to traffic within 7 years of agreement on S.H. 121. Beltline Road from Jackson Road to 1,000 feet west of T.H. 35E • TxDOT agrees to fund $10 million toward the reconstruction of Beltline Road to create a grade- separated facility that will pass under 1.H. 35E and the existing rail lines in the area. • NCTCOG agrees to pursue $10 million in funding toward the reconstruction of Beltline Road to create a grade- separated facility that will pass under I.H. 35E and the existing rail lines in the area. • TxDOT/NCTCOG agree to fund the project in 2005 and make every effort possible to complete the project by 2011 • The City of Carrollton will work with other local partners to identify a funding source for the remaining funding shortfall. • Upon reimbursement by TxDOT, Denton County agrees to refund the City of Carrollton's State Infrastructure Bank loan expenditures. �} } CITY OF COPPELL Freeport Parkway from S.H. 121 to Sandy Lake Road; new roadway; 0 to 6 lanes • NCTCOG agrees to fund $3.64 million toward the construction of Freeport Parkway. Page 3 of 5 Freeport Parkway from Sandy Lake Road to Ruby Road; addition of lanes; 2 to 4 lanes • NCTCOG agrees to fund $3.368 million toward the widening of Freeport Parkway. The Funnel Project: • TxDOT/NCTCOG agree to expedite construction of the "Funnel" project on S.H. 121/S.H. 114 from Business 114 to the Dallas County Line. • Upon reimbursement by TxDOT, Denton County agrees to refund the City of Coppell's State Infrastructure Bank loan expenditures. TxDOT ensures placement of a northbound exit ramp on S.H. 121 to serve Sandy Lake Road. The ramp should: • Protect the diamond interchange planned at S.H. 121 and Freeport Parkway, and • Provide access to Grapevine Mills Shopping Mall. CITY OF GRAPEVINE The Funnel Project: • TxDOT agrees to fully fund and expedite construction of the "Funnel" project on S.H. 121 /S.H. 114 from Business 114 to the S.H. 121 Bypass/Denton Creek. • Upon reimbursement by TxDOT, Denton County agrees to refund the City of Grapevine's State Infrastructure Bank loan expenditures. CITY OF PLANO U.S. 75 Ramp Improvements at Parker Road: • NCTCOG agrees to reallocate federal funds from two intersection improvement projects at Preston Road/Legacy Drive and Spring Creek Parkway/Coit Road, and from the Los Rios Boulevard widening project to construct ramp improvements at U.S. 75 and Parker Road through the November 2004 Statewide Transportation Improvement Program (STIP) Revisions. • NCTCOG agrees to fund $3 million for the U.S. 75/Parker Road Interchange project to be added to the Transportation Improvement Program through the February 2005 STIP Revisions. An additional $3 million in TxDOT funding will be pursued for this project. CITY OF FRISCO F.M. 423: from S.H. 121 to U.S. 380 The City of Frisco benefits from the construction of F.M. 423 (see terms outlined in the Denton County - S.H. 121 Near Neighbor/Near Timeframe Projects above). F.M. 2934 from F.M. 423 to the Dallas North Tolaway; widen 2 to 6 lane divided • TxDOT agrees to fund 100% of construction costs for F.M. 2934 from F.M. 423 to the Dallas North Tollway as previously committed by TxDOT. • The cost estimate for this project is $12 million. • TxDOT agrees to make every effort possible to let the project immediately upon completion of design, approval of the EA, and ROW acquisition, which is estimated to be complete by fall 2005. F.M. 3537 from S.H. 289 to F.M. 2478; widen 2 to 6 lane divided • TxDOT agrees to fund 100% of the construction cost of F.M. 3537 from S.H. 289 to F.M. 2478 as previously agreed upon between the City of Frisco and TxDOT as part of negotiations for the City of Frisco for constructing F.M. 720 from F.M. 423 to Preston at the City of Frisco's expense. • The cost estimate for this project is $18 million. • TxDOT agrees to make every effort possible to let the project immediately upon completion of design, approval of the EA, and ROW acquisition, which is estimated to be complete by spring 2006. Page 4of5 3 Tolling along S.H. 121 from Denton Creek to the Dallas North Toilway • TxDOT and the City of Frisco agree that the westbound Legacy and eastbound Dallas North Tollway exit ramps will not be tolled. • TxDOT and the City of Frisco agree to allow a toll on the westbound Spring Creek Parkway exit ramp only. IL FUTURE EXCESS TOLL REVENUE POLICY On September 9, 2004, the Regional Transportation Council of the North Central Texas Council of Governments approved the attached policy regarding excess revenue generated by toll roads in the Dallas -Fort Worth area. The approved policy outlines the circumstances under which excess toll revenue would become available and be distributed. III. SIGNATURE OF AGREEMENT This agreement is contingent upon approval of the terms outlined herein by the policy body of each impacted party, as well as final approval of the funding package by the Texas Transportation Commission. William Hale, P.E. ! is ael Morris, P.E. Texas Department of Transportation North Central Texas Council of Governments / k\5 ' S *9 ) Judge Mar} Horn R6ben Delgado, P.E. Denton County Collin County Dale Cheatham '' " :___ __/ Leonard Martin City of The Colony City of Carrollton 1 J t Claude King ty of Coppell City of Lewisville Tom Muehlenbeck + °.� " g � n 4 City of Plano / City of rapevine Geor • - urefoy City of Frisco { Page 5 of 5 • Z] N in CL _ . 0 s 0 • C 5 1... _ N v 0 . p ) _C ° O N _� 'C Q , _ u) N 0 o V U C ` T3 `° U° o c� o cu 5 z a) o Qc ai � • o o U ° ..� (u v o U U v) .D. c c u o Fri ?iv et— a E.: < > 0 .O N .0 U Q) C 0 . O E C .)- a) N U L �C a) o •o2a o u , - v o O o Q =O �Q ° �� -a in draw 47,- U cc • C N O .O E = C 1- C a)4- 'C ' � Q. Lu O .° 0 U Cti "o O o 'a co c '>1j C (o (U j cI) . � ' _> ( T ) cm C O 0 g 0 ) /"� « () O = a +a O 0 N ' CS p) N ..0 a U i � + .C -' N to O � > EP_ � � � O U � > V O awl ` . X — cn let N C C> N C C o a) D ( �+ a o -v a) > a) `- y m 0 X N , +' o L- (h C O u) N • 0 +.• H rc N C ma co Cif U . cn -0 u) U C ix fa.- O O • • - ty N • — E N O — x o O > E U _U c i) . 2 5 _ 0 .O N U N C U x d N Ill II it: .0 • O . N «i 0 c N Q O 0) . = 0 - a .c .0 O y ste ( v ° O- > C O _ 4- N a U ++ C ! i! .c Z N 6 ••4" O N 4-, N C .0 0 ..c `- > q) -C ca gm W . . N s_ O CO N N > U O. C a1 . N .0 m cti g 6 ( ' ' —' O L O U V L' - 0 N .b t C G U 3 N _ 1_ a) m 1- c +� u) 'a u) ° N O co �+ u) u) O O u) 0 U u) u) O X F"' N CI) �-' E— N a n E _ _ U N L CD 0 X G02 C .0 ND O .OL1 C ""` C 0o.1-- w oo a w. Q .. QI-Qco 00 )CLI -O x U L w 1 1.0 1 { .47lMuIuIad oDf o /r.,/M03 ks+,,x /,f Mil/0) /11/0N A ir Texas Department of Transportation DEWITT C. GREER STATE HIGHWAY BLDG. • 125 E. 11TH STREET • AUSTIN, TEXAS 78701 -2483 • (512) 463-8585 _ January 4, 1996 • Archaeological Review 4 s ' Denton County , <<' SH 121: From Existing Bridge on SH 121 at Denton Creek to Lake Vista Drive Dr. James E. Bruseth, Director Attention: Lain Ellis € : I 11' i . ; , L; l5 s Department of Antiquities Protection ` 1 ` Li Texas Historical Commission . c iv Austin, Texas 78711 T EXF.S :i1S1URICP.t. f O! MISS!0 "1 Dear Dr. Bruseth: The proposed project will be undertaken with state funds. As required by Senate Bill 58, The Antiquities Code of Texas, and our Memorandum of Understanding with your agency, we continue coordination with you office on this project, which represents the final segment of the larger Lewisville Bypass project (SH 121: From Existing Bridge on SH 121 at Denton Creek to Near SH 423). On May 23 and 24, and June 6 -8, 13 -15, 27, and 28, 1995, a member of the Department's professional environmental staff performed an on -site historical and archaeological survey of the project area. The project limits referenced above represent the last segment of the Lewisville Bypass project to be assessed. Other segments of the project (from Lake Vista Drive to IH 35E and From IH 35E to SH 423) have previously been cleared by your office. The archaeologist's interim survey report and a letter report from the geomorphologist, Chris Caran, are attached. A final survey report incorporating the geomorphological findings will be submitted shortly. During a review of departmental project files, it was discovered that the designation for one of the project limits for the Lewisville Bypass had been changed from "near SH 544" to "near SH 423 ". Discussion with the staff archaeologist who originally performed the survey for this portion of the project indicated that a short portion of existing SH 121, (approximately 4,000 feet) where the bypass will transition back into the existing four -lane divided roadway with a 60 ft. depressed median, had not been covered by the previous survey. An on -site survey of this area was performed by a member of the department's cultural resources staff on January 4, 1996. A cut along the north side of SH 121, apparently the result of recent ditch maintenance activities, has resulted in a continuous exposure which offers excellent visibility of intact subsurface deposits. This cut extends into the basal clay. No evidence of archaeological material was observed either on the surface or within the banks of this cut anywhere along this portion of the project. An Equal Opportunity Employer f Dr. James E. Bruseth Page 2 January 4, 1996 We request your concurrence that no archaeological sites listed as or determined eligible for designation as a State Archaeological Landmark will be affected by the proposed segment of the Lewisville Bypass as a whole le construction (from ct n ar D Denton Creek to Near FM Lake 3) and that o further the Byass as a wle investigation is required. Sincerely, !JZ/ Ann M. Irwin, Director Cultural Resources Management Environmental Affairs Division Attachment — r• NO EFFECT On National Register eligible ;r Elect properties or State Arctic !rr :cal ts:: iri rhs PROJECT PA ROCEED Bew al E. 8 uset,PV).. DSNPO Date i SH 121: From 0.23 Mile West of Business SH 121 Environmental Assessment to East of MacArthur Blvd. APPENDIX C: EXHIBITS • CSJs: 3547 -01 -001 & 005 3547 -02 -001, 003, & 004 3547 -03 -002, & 003 i , PROPOSED NOISE BARRIER 3 t PROPOSED NOISE BARRIER 1 Z3 1 '''‘‘- r7P1.171v"' _., ., .. _ .. . Tr\ ' ;....._ ..-...., ,-. L..,.' \ -',.... 5,2,—* isr 1-i 11 " 14 ---,-. r " ' .( 1 # : rk_f[Jy_si...,1 ,. / w .9 ,-...." • .. c:-` .../.? \ , ... • i .. ,., 1 .A... I .. I. .1. .,. Ai. i .1 ._ 1 . ,....- . -• 4 (,,---) ,.,,,,„ \ k„...., . . ri ---j * ,. ". : 5:•..- -. (t• ......„..__ t Prippam ./"..-1 ---- c., - - • .... . . . 1 ..• -- 1 PROPOSED ROW \ ',.... \ r \.. \ I --- ' kJ .----'- IZ \-- _ ..,.,:''' _..,...._ .../e; . h, r .../ . . ( ..,,,j,; i ..` ‘,. ,.‘, ilk .... ''. ' c; r.:?) ... 11,.. ...!■•••• . q .....*... " • "...sw- „.... ,..-' . " f .., -,...........„,- ..................... .„.... .......„.....---„. . .--. . . .... ..... ....- . - _ . . .,........ ' ,-,..);;.:•<' '''''`"::,`''' --i-C---- - - - - -- - , ... _ - _ _ .. .. _ _ __ __ __ ., __ _ • . . ' . .1 II . 8 ____------'--------"--- ' <,...' ';'';-"::::.,::: '' ' ' ,;: d te / '''',',..' CFO - - , WINXII:VolgOkti ___------ - _______-----'------ .... ...,:,' ..... ..,..--",, \ \ r''' ," i l - X Aall1111 „...., ,,,....* : '' . . , "' ''' .2 5 4 :430.• A') \ gel .... — ....... ._. ______ . ... ...._........... _ ..... i' „,..,...rsr■t \ Y ‘, ..---- -",":::::.V- --- 1 . %.. p \ \,...\. , • - - . - • - -- - . ----- ' „ . . • - 77N, ,,;\ v 1 , . \\,.., ` , .,,,, (--'..\ '''::,:"--,::::-''''' /7 • PROPOSED ROW Th \\ \ • \ c...,, It , , • 1 1 \\\ NI .... \ /, c l's i . . :1 - Aki . \‘' \.\ \ , ‘ \ , ..' S: . \ :. .) \\ \\I / I -:‘ c ..,... ik ,..." S\ x \\ 1 ti, \ \ ' \ X -,' . \ ' ' • td )k ' " '''''Ck A c , ', ( if - v , 6 s ... ....'; I \ , ,‘ \ \\ ‘,.- • \ \ \\\ I.L.,1' II -., ''' *1 , 4,","3? . \ \\\ k ,...N2 PROPOSED NOISE BARRIER 2 BEGIN PROJECT S' END PROJECT WB STA 2074+00 ...,(k STA 2177+00 EB STA 2071+00 ..,...'"NJ 4, EA.: •-•... I (2 1 I : (:k 0 I 1 I '''fi SZ 0 200 400 , ...i i 1 _ : .... ,..-) „.., — ) s \ \ 1 -(:::--- ,----, C C-- ,....k. z PROPOSED SH 121 --". \ \ \,- l k --, -'0 -- ,-- -- 7 --- \\ „„,,,,... . , • ,--- L. - / .. 1. 4 .... , . ,..... A.." _,----...-- c: , / / -- A \ t.7 \ (-----' 1\ ‘ Co g; / / i ,1 / • -,` 1 ( . / 117 "\C , t --......j /...1) 1 ---....-` ___ _ fautum6 LEGEND Si 4 ii PROPOSED ROW ( i (/`', i i ,----' ( , 1 le ,..1 - 2-----7-----.. 7............ .„.....-.._„_ ,,,,,..::: ,._, T- 10 7- ;-------/Pla ROW ,0 -... 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''..--...- \)' 1..... . 1 il '''::-... . ff Texas Departmsnt of Transportation ,„.„..1„;;' \ r c . V" v1;.. -:::. • P ,.:...4, 'LI _I t ! I r --- ( -7-4 r ;.,- 1 .... - "r0 - ,' ..0c. ; :', '`. -‘. A ...„4-41 li r • -- ,-- i AD "t ia , . .: V-,. ... , .... . , .... . ..v... it ::, :::,,,,, 1 • ili # ‘311., 1 „ .ti it,„,Fq 1 4 ..-...1.;:gr 0 -4 . - ii. r" 111 1 (c 4 1/4: :>:,...„. i 1 l' f - '"7.1:4;;:r — t4 l'1 , 7''''q::::f..' .:!`g 4 ' IV::'=" 1 :. I .•.:'''l 1 -i ' "-'' ' lja r' '''' ''''\ ..:'''''' ' ,/,, f i r --3 )3 71 t F 4 - 14 41.„,„, TO /--- ""til- j :41 ./Z1 ..... /"/ 2 ' , i 1 if ."7, il ; :1 : 17,..:3 - .:V „ :4:::::::: 7 I. ' F ,- Ari l it,i5'' Z . , : .. - ii PROPOSED NOISE BARRIER 3 ...r4a1 klk ',------1 / .\// ‘.› N.,..z Al 7:744,r7 LE I k" • $ EAST OF MACARTHUR BLVD. Q - 1 if --, .-- ,ff / i'..:‹...2,42". .k• , w -- ' ' .Z. 1 I C:::r" AI A \ , , ., s • 111 CONCEPTUAL, TOLL PLAN — I 3547-01-0018 005 47-02-001.003 & 004 CS..k 35 3547-n3-007 11. 003 SHEET 1 OF 1 o Ey .... • W ,r, L r3 �..� C/9 //y�� W Its ,o N • N F�1 Oi II; I I V J J N 0 J J AN X v O W N °' N � m N • M� Hr> a tn IA ZH Uw 1. . a Q. o� 1 ,e 0 N k •: 4 O 5'11 Q / 5 I:: O N 4 a N I ° Q' N ;n M� in 0 1 r.4 W Y IZ8'Z• O£Z'S ESZ'0£ bll'ZE 0A18 af1H1aVOVW GAle 8f1HlaWOVW z 0 p 0 0 I U U Z - N 0 .- I-- M U O o- C O \ §_ Z 77 W ~ H Z m 0 , O N tn m 1 J N1 0 Q N M M N ri J m J 1 l0 LTD CO l N P N N r m r 1 N £b0'Z£ LS912 0VOl £60'bE OV08 SZI'9£ dVl NO1N30 01 NO1N30 0 fn 0 m n N / tn 1 h rn 01 c � N O 0, a ¢ 0 N m a J 4 N O N J M m N I R 0, J m N LBb'9I a £61'ZI \ �� 99L'BZ -- ISO'L6 --- ZI£'I£ --- e9E70I (SS3NIS119) IZI HS (SS3NISl8) IZI HS 899 E£ b6b'S01 9IL'6£ —.- 9£0711—'-' S88'6 OZE'L ' 1 FONSI RE- EVALUATION SH 121/IH 35E INTERCHANGE FROM EAST OF MACARTHUR BLVD. TO EAST OF IH 35E CSJ: 0364 -03 -065 (Original) Design & Construction CSJs: 3547 -01 -008, 3547 -01 -001 & 002 SH 121 BYPASS FROM EAST OF IH 35E TO 0.05 MILE EAST OF FM 423 CSJ: 0364 -03 -065 (Original) Design & Construction CSJs: 3547 -01 -009 & 0364 -03 -066 SH 121 FROM FM 423 TO U.S. 75 CSJs: 0364 -03 -067 (Original) Design Construction CSJs: 0364 -03 -066 & 0364 -04 -038 DENTON AND COLLIN COUNTIES Prepared by: U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION TEXAS DEPARTMENT OF TRANSPORTATION DECEMBER 2005 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT TABLE OF CONTENTS 1.0 INTRODUCTION 1 1.1 History and Public Involvement 1 1.2 Purpose and Need 4 2.0 APPROACH 7 3.0 CHANGES TO PROPOSED PROJECT 9 4.0 ISSUES STUDIED IN DETAIL 11 4.1 Traffic Noise 11 4.2 Air Quality 15 4.3 Socio- Economic Impacts 19 4.4 Lighting and Visual Impacts 25 5.0 ISSUES ELIMINATED FROM FURTHER STUDY 26 5.1 Construction Impacts 26 5.2 Cultural Resources 26 5.3 Farmlands 27 5.4 Floodplains 27 5.5 Hazardous Materials 27 5.6 Jurisdictional Waters and Wetlands 28 5.7 Land Use 29 5.8 Navigable Waters of the U.S. 29 5.9 Public Facilities and Services 30 5.10 Relocations and Displacements 30 5.11 Section 4(f) Properties 30 5.12 Threatened/Endangered Species 30 5.13 Vegetation 31 5.14 Water Quality 32 5.15 Items of a Special Nature 32 5.16 Indirect and Cumulative Impacts 33 5.17 Evaluation of Regulatory Changes 35 6.0 CONCLUSION 36 CSIs: 0364 -03 -065 & 067 Page i FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT LIST OF TABLES Table 1 -1: SH 121 Environmental History 1 Table 2 -1: Summary of Toll Re- Evaluation 8 Table 3 -1: Construction Update 10 Table 4.1 -1: FHWA Noise Abatement Criteria 12 Table 4.1 -1: Traffic Noise Level (dBA Leq) 13 Table 4.1 -2: Noise Wall Proposal (preliminary) 14 Table 4.2 -1: Carbon Monoxide Concentrations 17 Table 4.2 -2: Operational Improvements in the Travel Corridor 18 Table 4.3 -1: Racial and Ethnic Composition of the Population 24 LIST OF FIGURES/EXHIBITS Appendix Figure 1A: Project Location Map A Figure 1B: SH 121 Environmental History A Figure 2: USGS Quadrangle and FEMA Floodplain Map A Figure 3: 2000 Census Tracts A FHWA Environmental Document Approvals B NCTCOG Resolution Approving the Texas Metropolitan Mobility Plan B SH 121 Memorandum of Understanding B Conceptual Toll Plan C 2025 Traffic Volumes C CSJs: 0364 -03 -065 & 067 Page ii FONSI Re- Evaluation SH 121: Frona East of MacArthur Blvd. to DNT 1.0 INTRODUCTION This document is a re- evaluation of three previously approved environmental assessments (EA) prepared for State Highway (SH) 121 from east of MacArthur Boulevard to U.S. 75 in Denton and Collin Counties, Texas. This re- evaluation will specifically address the project from East of MacArthur Boulevard to the Dallas North Toliway (DNT) through the cities of Lewisville, Carrollton, The Colony, Hebron, Plano, and Frisco (Appendix A: Figure 1A). The project distance is approximately 11 miles. This portion of SH 121 was approved as a non -toll facility by the Federal Highway Administration (FHWA) (see Appendix B). The remaining portion of the previously approved EA limits will be re- evaluated under a separate document from the Dallas North Toliway (DNT) to U.S. 75 (CSJ: 3547 -01 -001, and various). The intent of this re- evaluation is to assess the implementation of a proposed toll facility on the SH 121 mainlanes currently under construction and identify any changes to the previously approved projects. No additional right -of -way (ROW) is required for the proposed toll facility. The proposed facility design remains as a widening project to a six lane controlled access facility with three lane frontage roads. The frontage roads would remain as a non -toll alternative to the proposed toll facility. 1.1 History and Public Involvement Appendix A: Figure 1B and Table 1 -1 depict the previously approved environmental documents for the SH 121 corridor from 0.23 mile west of Business SH 121 (BU 121) to U.S. 75. TABLE 1 -1: SH 121 ENVIRONMENTAL HISTORY Project Status * Limits Approval Date Number* Denton Creek to State FEIS 0.23 mile west of BU 121 to E. of FM 423 04/28/1993 (State ROD) MacArthur Blvd. is currently being evaluated as a stand alone EA. Portion to be considered as a toll facility and to be reviewed/approved by FHWA to Federalize the remaining State funded portion of the State FEIS. 2 East of IH 35E Environmental Assessment 1 of 3 EAs being re- evaluated to (Hebron Pkwy.) to 09/09/2003 (FHWA FONSI) consider SH 121 as a toll facility. CSJs: 0364 -03 -065 & 067 1 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT Project Status Limits Approval Date Number* 0.05 Mile East of FM 423 3 East of IH 35E Non -Toll Mainlanes Constructed with State funds. Open to Hebron Parkway Open to Traffic to traffic and would not be considered as a future toll facility in compliance with current RTC policy. 4 SH 121/1H 35E Environmental Assessment 1 of 3 EAs being re- evaluated to Interchange: East 04/13/1990 (FHWA FONSI) consider SH 121 as a toll facility. of MacArthur FONSI Re- Evaluation Blvd. to East of IH 01/09/2003 (FHWA 35E Approval) 5 FM 423 to U.S. 75 Environmental Assessment 1 of 3 EAs being re- evaluated to 11/22/1991 (FHWA FONSI) consider SH 121 as a toll facility. Notice of Continuous Activity 05/25/1999 (FHWA Approval) FONSI Re- Evaluation 10/17/2002 (FHWA Approval) *see Appendix A: Figure 1B The western portion of SH 121 (Project 1) was approved as a non -toll facility project by TxDOT under a State Final Environmental Impact Statement (FEIS). The limits of the State FEIS extended from 0.4 mile west of Denton Creek to 0.05 mile east of Farm -to- Market (FM) 423, a distance of approximately ten miles. The Record of Decision (ROD) for the State FEIS was received on April 28, 1993 (Appendix B). Due to funding constraints, the original State Final Environmental Impact Statement (FEIS) was divided into several projects in the early 1990s and re- evaluated in order to receive Federal funds. This re- evaluation encompasses the three FHWA approved EAs (Projects 2, 4, & 5 in Appendix A: Figure 1B and Table 2) and their subsequent re- evaluations between the limits of East of MacArthur Blvd. to DNT. Copies of the FHWA approvals are attached in Appendix B. The eastern portion of SH 121 was originally part of a previously approved non -toll facility EA approved by FHWA (see Project 5 Appendix A: Figure 1B). The limits of this EA are from FM 423 to United States (U.S.) 75. This project received a Finding of No Significant Impact (FONSI) on November 22, 1991 (Appendix B). A non -toll portion of mainlanes would occur within the project limits. This segment of SH 121 from east of IH 35E to Hebron within the limits of the Project 1 (see Figure 1B) was approved under the State FEIS and constructed without frontage roads utilizing State funds. This CSJs: 0364 -03 -065 & 067 2 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT portion of the project is complete, open to traffic, and would not be evaluated as a toll facility. The Regional Transportation Council (RTC) of the North Central Texas Council of Governments (NCTCOG) policy currently states that no existing roadway lanes will be converted to toll facilities. This portion of SH 121 within the project limits; however, is not assessed in this toll re- evaluation. This FONSI re- evaluation is one of two environmental documents currently being prepared proposing to toll the SH 121 mainlanes currently under construction. The second document assesses a segment of the State FEIS (from 0.23 mile west of BU 121 to East of MacArthur Boulevard) that never was evaluated by FHWA, yet is proposed for tolling. This segment of SH 121 (part of Project 1, Figure 1B) is being evaluated as an EA for Federal Highway Administration (FHWA) approval in light of the proposed implementation of tolling along the SH 121 mainlanes currently under construction and the possible incorporation of Federal funds to this state funded project. This EA has been prepared in accordance with FHWA Texas Division Office policy memorandum, Policy for Planning, Environment and Project Development for Toll Roads (September 29, 2003). No additional ROW or design changes are required to implement either proposed project. Public Involvement TxDOT staff met with city and county officials 45 times during 2004 and developed a consensus to toll SH 121 in Denton County. Public meetings were held in the cities of Coppell and The Colony to inform the public of the proposed implementation of an electronic toll collection system on the SH 121 mainlanes currently under construction at the following locations: June 14, 2005 June 16, 2005 Coppell High School Gymnasium The Colony High School 185 W. Parkway Blvd. 4301 Blair Oaks Coppell, Texas 75019 The Colony, Texas 75056 Approximately 50 citizens and four elected officials attended the meetings. Drawings of the conceptual toll plan were available for public review during the open house period from 5:00 p.m. to 6:30 p.m. The conceptual toll plan depicted the layout of the proposed facility, toll gantry locations, signage, and proposed noise barriers. The open house was followed by a presentation explaining the proposed toll evaluation approach and process. Eight citizens made CSJs: 0364 -03 -065 & 067 3 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT verbal comments. Six written comments were also received. Issues of concern included noise barriers, implementation of a no -cash toll collection facility, alternative non -toll routes, and potential impacts to local economic development. Public meeting summaries are available for review at the TxDOT Dallas District located at 4777 E. U.S. 80, Mesquite, Texas 75150. A public hearing would be held for this project further along in the project development process. 1.2 Purpose and Need The purpose for the proposed toll facility is in response to new funding legislation. As a result of the new legislation, it is TxDOT's policy to evaluate all controlled- access highway projects as possible candidates for tolling. This includes all controlled access projects, including those under construction and those in the planning stage involving new lane construction. The need for the proposed toll project is to improve mobility within the region by generating revenue and expediting the construction of the SH 121 and near neighbor /near time frame project within the SH 121 corridor. This toll facility is proposed to be an electronic toll collection system. Section 3.0 describes the electronic toll collection system in further detail. Recent Toll Funding Initiatives and Legislative Actions Statewide Perspective Texas House Bill (HB) 3588, enacted in the 78 legislative session, relates to the construction, acquisition, financing, maintenance, management, operation, ownership, and control of transportation facilities and the progress, improvement, policing, and safety of transportation in the state. The bill addresses the full scope of transportation issues facing the state by integrating existing transportation policies and providing a means to fund them. With HB 3588 enacted, TxDOT now has the authority to employ a toll facility option for highway funding. The bill represents some of the most comprehensive mobility legislation ever enacted. HB 3588 provides for a revenue source for the Texas Mobility Fund, a one -time bond program that will infuse up to $3 billion in funding for mobility projects over the next several years. Proposition 14 passed by Texas voters in the 2003 November election allows TxDOT to sell bonds and pay the debt service with future revenue into the state highway fund also called CSJs: 0364 -03 -065 & 067 Page 4 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT Fund 6. Pass - through tolling agreements are an option, as well as advance ROW acquisition, and the ability for TxDOT to contribute equity into a toll project. The statute also expanded the use of comprehensive development agreements. In December 2003, the Texas Transportation Commission (TTC) approved a policy instructing TxDOT to evaluate all controlled- access highway projects as possible candidates for tolling. On March 24, 2004, the TTC approved Minute Order 109615, which allows TxDOT to issue bonds and other public securities to fund state highway system improvements. It is TxDOT policy to evaluate all controlled- access highway projects as possible candidates for tolling. This includes all controlled access projects, including those under construction and those in the planning stage involving new lane construction. Regional /Local Perspective On August 12, 2004, the Regional Transportation Council (RTC) of the North Central Texas Council of Governments (NCTCOG) approved the Texas Metropolitan Mobility Plan which recommended SH 121 as a toll facility from 0.23 mile west of BU 121 to the Dallas North Tollway. Copies of the subsequent resolutions are included in Appendix B. On September 9, 2004, the RTC approved a policy regarding excess revenue generated by toll facilities in the Dallas/Fort Worth (DFW) Area. The policy outlines the circumstances under which excess toll revenue would become available and distributed. Under this policy, a Memorandum of Understanding (MOU) was signed by Denton County, Collin County, and the cities of The Colony, Lewisville, Carrollton, Coppell, Grapevine, Plano and Frisco regarding the SH 121 toll facility funding strategy (see Appendix B). By partnering together, state and local officials can leverage additional state transportation funds, freeing existing allocations for critical, but otherwise unbudgeted, safety, capacity and air quality projects. This shift allows new projects that were originally budgeted through gasoline tax revenue to be built or opened as toll facilities to generate revenue. This revenue would be used to build additional transportation facilities with accelerated construction schedules. Also, in cases where a previously planned tax supported highway is programmed to a toll road, the funds that are released are committed to projects along that same corridor utilizing RTC's near neighbor /near timeframe policy. Under this policy, when a previously planned tax supported highway is shifted into a toll facility, those original gas tax funds are to be reallocated CSJs: 0364 -03 -065 & 067 Page 5 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT to projects that serve the same transportation system users, and the newly identified projects are to be completed in comparable timeframes. Projects identified as near neighbor /near timeframe policy for SH 121 are detailed in the MOU. By tolling SH 121, the entire project could be open to traffic by 2007 -2008 and as early as 2007. Additional funding would be then be allocated to support near neighbor /near timeframe projects in the areas identified in the MOU with local communities. By leveraging the capital investment in the proposed SH 121 corridor estimated at approximately $300 million, TxDOT would be able to develop a total program of over $700 million in new construction. The proposed improvements are needed to handle the present and future traffic demands for this area and would substantially benefit communities in the project area by providing ease of mobility to vital destinations. The proposed toll facility would support the need for the project by generating revenue for the operation and maintenance of SH 121 as well as funding additional near neighbor /near timeframe policy projects. The accelerated construction of additional transportation projects would improve system linkage and mobility in the area. This proposed project is consistent with the area's financially constrained Metropolitan Transportation Plan (MTP) known as Mobility 2025 Plan- Amended April 2005. Objectives of the Project The primary objective of the proposed toll facility is to utilize new funding tools to further expedite the construction of the transportation network in this region by: • Providing toll revenue as an additional funding source to pay for the capital cost, as well as operation and maintenance of the proposed corridor; • Creating a revenue source to fund future capacity improvements along the to the SH 121 corridor; • Allocating future excess toll revenue so that it would be reinvested in future (near timeframe) transportation projects in the local area (near neighbor); • Accelerate future project construction schedules and help alleviate congestion; and CSJs: 0364 -03 -065 & 067 Page 6 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT • Enhancing economic development and even accelerating the local tax -base growth. APPROACH This toll re- evaluation is based on the previously approved EAs (see Table 1 -1). The statements, studies, and conclusions documented in this re- evaluation have been examined and analyzed in three steps — the findings of each step are documented in this re- evaluation. Step 1 entailed identifying changes to the proposed project due to the proposed toll facility. These changes are summarized in Section 3.0. During Step 2, current environmental conditions were analyzed to identify changes occurring since issuance of the previous approvals. Finally during Step 3, the environmental consequences of the proposed action, as described in the previously approved EAs and subsequent re- evaluations, were analyzed in light of the proposed toll facility. The findings of these analyses are documented in Section 4.0, Issues Studied in Detail and Section 5.0, Issues Eliminated from Further Study. All resource categories addressed within the approved documents are discussed. Section 6.0 documents the conclusions drawn from the re- evaluation process. There is no additional ROW required, nor are there any design changes proposed; therefore, previously approved environmental evaluations remain valid except for some studies such as noise, air, and the social and economic environment. Visual effects and lighting are also being evaluated as part of this process. Table 2 -1 summarizes issues in Sections 4.0 and 5.0 that were re- evaluated, modified or unchanged from the previously approved documents. CSJs: 0364 -03 -065 & 067 Page 7 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT TABLE 2 -1: SUMMARY OF TOLL RE- EVALUATION Section Summary of Assessment 4.1 Traffic Noise New noise models were developed 4.2 Air Quality New air models were developed Re- evaluated to assess potential impacts to the 4.3 Socio - Economic Impacts socio- economic environment from proposed tolling 4.4 Lighting and Visual Impacts Re- evaluated based on the potential impacts of electronic toll equipment 5.1 Airway- Highway Clearance Previous findings remain valid 5.2 U.S. Coast Guard Permits Previous findings remain valid 5.3 Construction Impacts Previous findings remain valid 5.4 Cultural Resources Previous findings remain valid 5.5 Essential Fish Habitat Previous findings remain valid 5.6 Farmlands Previous findings remain valid 5.7 Floodplains Previous findings remain valid 5.8 Hazardous Materials Previous findings remain valid 5.9 Jurisdictional Waters and Wetlands Previous findings remain valid 5.10 Land Use Previous findings remain valid 5.11 Public Facilities and Services Previous findings remain valid 5.12 Relocations and Displacements Previous findings remain valid 5.13 Section 4(f) Properties Previous findings remain valid 5.14 Threatened/Endangered Species Previous findings remain valid 5.15 Vegetation Previous findings remain valid 5.16 Water Quality Previous findings remain valid CSJs: 0364 -03 -065 & 067 Page 8 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT 3.0 CHANGES TO PROPOSED PROJECT The concept of an electronic toll collection system is proposed for SH 121. With an electronic toll collection concept, tolls would be collected through toll gantries positioned at certain mainlane and ramp locations. As currently conceived, tolls would be collected using a completely electronic system; the system would not be able to accept cash. Proposed mainlane and ramp gantry locations are depicted in Appendix C: Conceptual Toll Plan. Each mainlane toll gantry would span both directions of travel on a structure similar to a typical sign bridge. The gantry would support electronic toll collection reader units, video enforcement system cameras, illumination devices, automatic vehicle identification antennae, communications gear, and other necessary equipment. This equipment would be supported approximately 20 ft above the roadway surface and would be used to collect electronic toll data. Ramp gantries would be similar to the mainlane gantries, except that they would only span the width of the particular entrance or exit ramp. The estimated cost of implementing the tolling components is $30 million as calculated on a per mile basis by the Texas Turnpike Authority (TTA). There would be no changes to ROW, design or to the footprint of the proposed facility in order to implement an electronic toll collection system. Right -of -way acquisition for the project has been ongoing since the previously approved State FEIS and is now 100 percent complete. Excess revenue from the toll facility would be allocated to support near neighbor /near timeframe projects and construction schedules would be accelerated, thus expediting the alleviation of traffic congestion in the region. Table 3 -1 lists the current status of construction for the project. A non -toll portion of mainlanes would occur within the project limits. This segment of SH 121 from east of IH 35E to Hebron is complete, open to traffic, and will not be evaluated as a toll facility (see Figures 1A and 1B). This segment does not have frontage roads; therefore, traffic from the non -toll frontage roads would be required to enter the mainlanes within this segment, but would not be required to pay a toll. Guide signs would indicate that use of this segment of mainlanes would not be tolled. Non -toll entrance ramps within this segment would include: • Westbound entrance ramp at Hebron Parkway • Westbound entrance ramp at Marchant Boulevard • Eastbound entrance ramp at Marchant Boulevard CSJs: 0364 -03 -065 & 067 Page 9 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT • IH 35E eastbound exit ramp to SH 121 • Eastbound frontage road entrance east of IH 35E Also within this segment, users would be able to exit without paying a toll. The locations of exit ramps within this segment where users would not be tolled include: • IH 35E southbound direct connector from SH 121 • Westbound exit to frontage road at IH 35E • Westbound exit to Marchant Boulevard • Westbound exit to Hebron Parkway TABLE 3 -1: CONSTRUCTION UPDATE* CSJ Number Project Limits Status Estimated Percent Work Complete (%) Under Construction 90% SH 121 Mainlanes and Direct Bid Amount: 3547 -01 -008 Connectors: From North of Denton Creek $86.94 million to East of IH 35E Work Began: 05/01/2003 Under Construction 91% SH 121 Mainlanes (Six Lanes): Bid Amount: 3547 -01 -009 From 0.26 mile west of Hebron Parkway $31.37 million (FM 544) to 0.17 mile east of FM 2281 Work Began: 02/05/2004 SH 121 Mainlanes (Six Lanes)/Frontage Under Construction 36% 0364 -03 -066 Roads (Six Lanes): Bid Amount: (0364 -04- 038) *' From 0.17 mile east of FM 2281 to 0.23 $103.41 million mile west of DNT /Collin County Line Work Began: 08/23/2004 SH 121 Frontage Roads: 3547-01-001 From Dallas /Denton Co. Line to Lake Complete 100% Vista Dr. (only a portion of the work under this CSJ is within the project limits) 3547 -01 -002 Frontage Roads: Complete 100% Lake Vista Drive to East of IH 35E *See Appendix A: Figure 1B * *Original CSJ — Packaged in the same construction contract as this project CSJs: 0364 -03 -065 & 067 Page 10 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT 4.0 ISSUES STUDIED IN DETAIL This section includes the discussion of issues studied in detail with regard to new toll traffic projections, such as noise and air. Also, discussed in detail are socio - economic and visual and lighting aspects of the proposed electronic toll collection system. 4.1 Traffic Noise NCTCOG modeled toll traffic for 2025 (see Appendix C: 2025 Traffic Volumes). As a result, a new noise analysis was conducted based on the toll traffic projections. This analysis was accomplished in accordance with TxDOT's (FHWA approved) Guidelines for Analysis and Abatement of Highway Traffic Noise. Sound from highway traffic is generated primarily from a vehicle's tires, engine and exhaust. It is commonly measured in decibels and is expressed as "dB." Sound occurs over a wide range of frequencies. However, not all frequencies are detectable by the human ear; therefore, an adjustment is made to the high and low frequencies to approximate the way an average person hears traffic sounds. This adjustment is called A- weighting and is expressed as "dBA." Also, because traffic sound levels are never constant due to the changing number, type and speed of vehicles, a single value is used to represent the average or equivalent sound level and is expressed as "Leq." The traffic noise analysis typically includes the following elements: • Identification of land use activity areas that might be impacted by traffic noise. • Determination of existing noise levels. • Prediction of future noise levels. • Identification of possible noise impacts. • Consideration and evaluation of measures to reduce noise impacts. The FHWA has established the following Noise Abatement Criteria (NAC) for various land use activity areas that are used as one of two means to determine when a traffic noise impact would occur (Table 4.1 -1). CSJs: 0364 -03 -065 & 067 Page 11 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT TABLE 4.1 -1: FHWA NOISE ABATEMENT CRITERIA Activity dBA Description of Land Use Activity Areas Category Leg 57 Lands on which serenity and quiet are of extra - ordinary significance and serve A an important public need and where the preservation of those qualities is (exterior) essential if the area is to continue to serve its intended purpose. 67 Picnic areas, recreation areas, playgrounds, active sports areas, parks, B (exterior) residences, motels, hotels, schools, churches, libraries and hospitals. 72 Developed lands, properties or activities not included in categories A or B C (exterior) above. Undeveloped lands. 52 Residences, motels, hotels, public meeting rooms, schools, churches, libraries, E (interior) hospitals and auditoriums. NOTE: primary consideration is given to exterior areas (Category A, B or C) where frequent human activity occurs. However, interior areas (Category E) are used if exterior areas are physically shielded from the roadway, or if there is little or no human activity in exterior areas adjacent to the roadway. A noise impact occurs when either the absolute or relative criterion is met: Absolute criterion: the predicted noise level at a receiver approaches, equals or exceeds the NAC. "Approach" is defined as one dBA below the NAC. For example: a noise impact would occur at a Category B residence if the noise level is predicted to be 66 dBA or above. Relative criterion: the predicted noise level substantially exceeds the existing noise level at a receiver even though the predicted noise level does not approach, equal or exceed the NAC. "Substantially exceeds" is defined as more than 10 dBA. For example: a noise impact would occur at a Category B residence if the existing level is 54 dBA and the predicted level is 65 dBA (11 dBA increase). When a traffic noise impact occurs, noise abatement measures must be considered. A noise abatement measure is any positive action taken to reduce the impact of traffic noise on an activity area. The FHWA traffic noise modeling software was used to calculate existing and predicted traffic noise levels. The model primarily considers the number, type and speed of vehicles; highway alignment and grade; cuts, fills and natural berms; surrounding terrain features; and the locations of activity areas likely to be impacted by the associated traffic noise. CSJs: 0364 -03 -065 & 067 Page 12 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT Existing and predicted traffic noise levels were modeled at receiver locations (Table 4.1- 2 and Appendix C: Conceptual Toll Plan) that represent the land use activity areas adjacent to the proposed project that might be impacted by traffic noise and potentially benefit from feasible and reasonable noise abatement. TABLE 4.1 -2: TRAFFIC NOISE LEVELS (dBA Leq) Representative Receiver NAC NAC Existing Predicted Change Noise Category Level 2005 2025 ( +1 -) Impact R12 Indian Creek Apts.* E 52 47 50 3 N R13 Church E 52 48 50 2 N R14 Church E 52 45 47 2 N R15 Meridian Apts. E 52 44 47 3 N R16 Church E 52 44 47 3 N R17 Residential B 67 65 69 4 Y RI8 Residential B 67 64 67 3 Y R19 Residential B 67 63 66 3 Y R20 Residential B 67 67 70 3 Y R21 Residential B 67 66 68 2 Y R22 Residential B 67 66 67 1 Y R23 Cambina Apts. E 52 43 45 2 N R24 Coyote Ridge Sub. B 67 63 65 2 N R25 Windance Apts. E 52 44 46 2 N R26 Church E 52 43 45 2 N *R12: A playground area is located at this apartment complex; however, there is no indication this area is a "frequently used outdoor activity area" such as a school playground. As indicated in Table 4.1 -2, the proposed project would result in a traffic noise impact and the following noise abatement measures were considered: traffic management, alteration of horizontal and/or vertical alignments, acquisition of undeveloped property to act as a buffer zone and the construction of noise walls. Before any abatement measure can be proposed for incorporation into the project, it must be both feasible and reasonable. In order to be "feasible," the abatement measure must be able to reduce the noise level at an impacted receiver by at least five dBA; and to be "reasonable," it CSJs: 0364 -03 -065 & 067 Page 13 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT must not exceed the cost - effectiveness criterion of $25,000 for each receiver that would benefit by a reduction of at least five dBA. Traffic management: control devices could be used to reduce the speed of the traffic; however, the minor benefit of one dBA per five mph reduction in speed does not outweigh the associated increase in congestion and air pollution. Other measures such as time or use restrictions for certain vehicles are prohibited on state highways. Alteration of horizontal and/or vertical alignments: any alteration of the existing alignment would displace existing businesses and residences, require additional ROW and not be cost effective /reasonable. Buffer zone: the acquisition of undeveloped property to act as a buffer zone is designed to avoid rather than abate traffic noise impacts and, therefore, is not feasible. Noise Barriers: this is the most commonly used noise abatement measure. Noise walls were evaluated for each of the impacted receiver locations with the following results: As indicated in Table 4.1 -3, noise walls would be feasible and reasonable for the following impacted receivers and, therefore, are proposed for incorporation into the project: TABLE 4.1 -3: NOISE WALL PROPOSAL (preliminary) Representative Total # Length Height Total $Benefited WALL Receivers Benefited (feet) (feet) Cost Receiver 4 R17, 18, 19 3 297 14 ft. Exit Ramp $74,844 $24,948 Noise Wall 5 R20, 21, 22 3 297 14 ft. Entrance $74,844 $24,948 Ramp Noise Wall ' Any subsequent project design changes may require a re- evaluation of this preliminary noise barrier proposal. The final decision to construct the proposed noise barrier will not be made until completion of the project design, utility evaluation and polling of adjacent property owners. To avoid noise impacts that may result from future development of properties adjacent to the project, local officials responsible for land use control programs should ensure, to the CSJs: 0364 -03 -065 & 067 Page 14 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT maximum extent possible, no new activities are planned or constructed along or within the following predicted (2025) noise impact contours. IMPACT DISTANCE LAND USE CONTOUR from RIGHT of WAY Residential 66 dBA 400 feet Commercial 71 dBA 200 feet Noise associated with the construction of the project is difficult to predict. Heavy machinery, the major source of noise in construction, is constantly moving in unpredictable patterns. However, construction normally occurs during daylight hours when occasional loud noises are more tolerable. None of the receivers is expected to be exposed to construction noise for a long duration; therefore, any extended disruption of normal activities is not expected. Provisions will be included in the plans and specifications that require the contractor to make every reasonable effort to minimize construction noise through abatement measures such as work -hour controls and proper maintenance of muffler systems. A copy of this traffic noise analysis will be available to local officials. On the date of approval of this document (Date of Public Knowledge), FHWA and TxDOT are no longer responsible for providing noise abatement for new development adjacent to the project. 4.2 Air Quality NCTCOG modeled toll traffic for 2025 (see Appendix C: 2025 Traffic Volumes). As a result, a new air analysis was conducted based on the toll traffic projections. The construction of the proposed project as a non -toll facility is consistent with the area's financially constrained, long -range metropolitan transportation plan (MTP) known as Mobility 2025: the Metropolitan Transportation Plan- Amended April 2005. On June 16, 2005, the MTP and 2004 -2006 Transportation Improvement Program (TIP) were found to conform to the Clean Air Act as amended. The proposed action, construction of SH 121, is currently included in the 2006 -2008 STIP. Due to the proposed tolling, the funding source will need to be revised in the 2006 -2008 STIP before the project can let as a toll facility. Additionally, the project comes from an operational congestion management system that meets all requirements of 23 CFR Highways, Parts 450 and 500. CSJs: 0364 -03 -065 & 067 Page 15 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT The primary pollutants from motor vehicles are volatile organic compounds (VOCs), carbon monoxide (CO) and nitrogen oxides. VOCs and nitrogen oxides can combine under the right conditions in a series of photochemical reactions to form ozone (0 Because these reactions take place over a period of several hours, maximum concentrations of ozone are often found far downwind of the precursor sources. Thus, ozone is a regional problem and not a localized condition. The modeling procedures of ozone require long term meteorological data and detailed area wide emission rates for all potential sources (industry, business, and transportation) and are normally too complex to be performed within the scope of an environmental analysis for a highway project. Accordingly, concentrations of ozone for this purpose of comparing the results of the National Ambient Air Quality Standards (NAAQS) are modeled by the regional air quality planning agency for the State Implementation Plan (SIP). However, concentrations for carbon monoxide are readily modeled for highway projects and are required by federal regulations. The topography and meteorological conditions of the area in which the project is located would not seriously restrict dispersion of the air pollutants. The air quality was modeled at eight locations along the corridor. Exhibits in Appendix C: Conceptual Toll Plan, display the air receiver locations. The traffic data used in the analysis was obtained from NCTCOG. The traffic volumes resulting in the highest CO emission readings are 99,349 vehicles per day (vpd) along the eastbound main lanes and 105, 302 vpd along the westbound main lanes for 2008, the estimated time of completion (ETC). The traffic volumes resulting in the highest CO emission readings for 2028 are 108,560 vpd along the eastbound main lanes and 115,070 vpd along the southbound main lanes for the design year or ETC +20. Using the CALINE3/MOBILE6 computer program and the aforementioned traffic data, CO concentrations were determined in accordance with the TxDOT Air Quality Guidelines. CO concentrations for the proposed action were modeled using the worst -case scenario (adverse meteorological conditions and sensitive receptors at the ROW line) in accordance with the TxDOT Air Quality Guidelines. Local concentrations of CO are not expected to exceed national standards at any time. Analysis Findings CO background ambient concentrations of 3.7 parts per million (PPM) for a one hour average and 2.3 ppm for an eight hour average were used in all alternatives analyzed. The CSJs: 0364 -03 -065 & 067 Page 16 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT NAAQS for CO is 35.0 ppm for one hour and 9.0 ppm for eight hours. CO concentrations for this segment of SH 121 were modeled under the worst meteorological conditions (wind speed of 1 mis, wind bearing of 90 °, stability class of F, surface roughness of 100 cm, and mixing height of 1000m). Station number 2275 +00 had the highest percent NAAQS for the existing year (2008) conditions and the projected year (2023) conditions as shown in Table 4.2 -1. TABLE 4.2 -1: CARBON MONOXIDE CONCENTRATIONS Year Station 1HR CO 1 HR % NAAQS 8 HR CO 8 HR % NAAQS Schematic Number (ppm) * (ppm) * Sheet No. 2008 2275 +00 9.90 28.29% 6.02 66.89% 2 2028 2275 +00 10.00 28.57% 6.08 67.56% 2 *The National Ambient Air Quality Standard (NAAQS) for CO is 35 ppm for one hour and 9 ppm for eight hours. Analysis includes a one hour background concentration of 3.7 ppm and an eight hour background concentration of 2.3 ppm. Congestion Management System (CMS) The Congestion Management System (CMS) is a systematic process for managing traffic congestion. The CMS provides information on transportation system performance, alternative strategies for alleviating congestion, and enhancing the mobility of persons and goods to levels that meet state and local needs. The SH 121 proposed roadway expansion project was developed from the NCTCOG operational CMS, which meets all requirements of CFR500.109. Operational improvements and travel demand reduction strategies are commitments made by the region at two levels: the program level and the project implementation level. Program level commitments are inventoried in the regional CMS and are included in the financially constrained MTP. The CMS element of the plan carries an inventory of all project commitments detailing the type of strategy, implementation responsibilities, schedules, and expected costs. At the project implementation level, travel demand reduction strategies and commitments would be added to the regional TIP or included in the construction plans. The regional TIP provides for programming of these projects at the appropriate time with respect to the Single Occupancy Vehicle (SOV) facility implementation and project specific elements. Committed congestion reduction strategies and operational improvements considered to be beneficial to the SH 121 study area would consist of additional lanes, HOV, new roadway, signalization and intersection improvements. TxDOT, under the Congestion Mitigation and Air CSJs: 0364 -03 -065 & 067 Page 17 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT Quality Improvement Plan (CMAQ) program, would manage these projects, which are included in the regional CMS. Individual projects are listed in Table 4.2 -2. TABLE 4.2 -2: OPERATIONAL IMPROVEMENT S IN THE TRAVEL CORRIDOR Location Type Implementation Funding TIP # Cost Year Source Coit Rd from Parker Rd. to Addition of 2000 Plano 2003.0000 $6,513,899 SH 121 Lanes SH 121 from Denton Creek Addition of 2004 TxDOT- 11239.0000 $150,402,000 to DNT Lanes Dallas FM 1171 from IH 35E Addition of 2002 TxDOT- 0196 -04 -011 $7,300,000 to SH 121 Lanes Dallas FM 423 from SH 121 to Addition of 2007 TxDOT- 1567 -02 -020 $12,425,600 Stewarts Creek Rd. Lanes Dallas Sandy Lake Rd. from Denton Addition of 2006 Coppell DAC 208 $8,275,000 Tap to SH 121 Lanes SH 121 at SH 289 Grade 2004 Collin 11008.0000 $7,713,170 Separation County IH 35E (Stemmons) from HOV 2000 TxDOT- 2808.0000 $14,301,000 SH 121/Trinity Mills Dallas / to IH 635 DART SH 121 from DNT to New 2004 TxDOT- 11222.0000 $21,627,586 SH 289 Roadway Dallas SH 121 from Dallas/Denton New 2003 TxDOT- 3547 -01 -005 $7,548,427 County Line to east of Roadway Dallas MacArthur Blvd. SH 121 from east of New 2003 TxDOT- 3547 -01 -008 $45,352,175 MacArthur Blvd. to Roadway Dallas east of IH 35E SH 121 from 0.26 miles west New 2004 TxDOT- 3547 -01 -009 $37,400,000 of Hebron Pkwy to 0.17 Roadway Dallas miles east of FM 2281 SH 121 from FM 544 to New 2004 TxDOT- 0364 -03 -066 $74,800,000 Collin County Line Roadway Dallas SH 121 from Denton County New 2004 TxDOT- 0364 -04 -038 $14,200,000 Line to DNT Roadway Dallas SH 121 at Valley View Dr. Traffic Signal 1997 Lewisville 1820.0000 $79,750 Improvements SH 121 at Blair Oaks Traffic Signal 1994 TxDOT- 2935.0000 $64,000 Improvements Dallas SH 121 at Bellaire/Bennett, Traffic Signal 1994 TxDOT- 2936.0000 $175,000 SH 121 at Corporate Dr, Improvements Dallas SH 121 at SW Pkwy. SH 121 at Cider Rd., Traffic Signal 1994 TxDOT- 2937.0000 $163,000 SH 121 at FM 423, Improvements Dallas SH 121 at FM 544, SH 121 at Holfords Prairie, SH 121 at Paige Rd/Plano Pkwy. SH 121 Traffic Signal 1995 TxDOT- 2941.0000 $198,000 Improvements Dallas Hebron Pkwy at east & west Traffic Signal 2005 Carrollton 11007.0000 $859,396 CSJs: 0364 -03 -065 & 067 Page 18 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT Location Type Implementation Funding TIP # Cost Year Source service roads of SH 121 Improvements Signals Region wide Traffic Signal 2002 Lewisville 11082.0000 $700,594 (Phase 2 — Optimization) Improvements New Signal and Intersection Traffic Signal 2003 Lewisville 11083.0000 $761,903 Improvement Modifications Improvements Hebron Pkwy at east & west Traffic Signal 2007 Carrollton 11428.0000 $1,100,000 service roads of SH 121 Improvements *Source: North Central Texas Council of Governments In an effort to reduce congestion and the need for SOV lanes in the region, TxDOT and NCTCOG would continue to promote appropriate congestion reduction strategies through the CMAQ program, the CMS, and MTP. 4.3 Socio - Economic Impacts This re- evaluation utilizes 2000 census information and best available data. The evaluation addresses the requirements of Executive Order (EO) 12898, Federal Actions to Address Environmental Justice in Minority and Low - Income Populations; EO 13166, Improving Access to Services for Limited English Proficiency (LEP); Title VI, Civil Rights Act of 1964; Civil Rights Restoration Act of 1987; and the Federal Aid Highway Act of 1970. Based on the data gathered and analysis presented in this section, there does not appear to be disproportionate adverse impacts to any minority and/or low- income populations as a result of the implementation of the proposed project. Although some minimal effects of tolling the SH 121 mainlanes currently under construction may occur for roadway users within the corridor, it is unlikely that tolling the SH 121 mainlanes currently under construction would result in adverse socio- economic impacts to those roadway users or residents of the study area. Constructing the proposed improvements as a toll facility allows construction to occur substantially earlier than would be possible with conventional highway funding. This would allow the improvements to better keep abreast of traffic growth, thereby minimizing congestion. It is anticipated that opening year tolls for automobiles using this facility would be consistent with the national average of 12 to 16 cents per mile. An investment grade traffic and revenue study is under development to determine a more detailed, appropriate pricing structure. CSJs: 0364 -03 -065 & 067 Page 19 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT Alternative non -toll routes include the SH 121 frontage roads, which would include a total of six travel lanes (three in each direction), as well as local arterial roadways (i.e. Business SH 121, Hebron Parkway, Memorial Drive Expansion project). The use of frontage roads would provide non - tolled alternatives for motorists not wanting or able to afford to travel the tolled mainlanes. A portion of the project that does not have frontage roads, from west of 111 35E to Hebron Parkway, and is currently open to traffic. This portion of the mainlanes would not be converted to toll. Appropriate overhead guide signs would indicate to motorist that this portion would be non - tolled. Motorists using the frontage road may experience slightly longer travel times than motorists using the tolled mainlanes. This difference in travel times between the tolled mainlanes and the non - tolled frontage roads would be the highest during peak hours of travel when traffic congestion within the SH 121 corridor would be greatest. However, overall, the added capacity the proposed project offers would provide mobility and relieve traffic congestion for all motorists using the SH 121 corridor whether they use the tolled mainlanes or non- tolled frontage roads. Population and Demographic Characteristics The project study area for SH 121 is comprised of portions of the cities of Lewisville, Carrollton, Hebron, The Colony, Frisco, and Plano. These cities are located in Denton and Collin Counties. There have been no changes to the analysis provided in previous re- evaluations. Implementation of the proposed toll facility, presented in this re- evaluation, would not significantly alter population growth trends within the study area. The study area's relatively dynamic growth trends are expected to continue as the study area is projected to sustain development after a decade of unprecedented population and economic growth (1990 — 2000). An indirect impact of SH 121 would be an increase of population in areas adjacent to the study area. SH 121 would improve access and help to better manage congestion within the cities of Lewisville, Carrollton, Hebron, The Colony, Frisco, and Plano. As access and mobility improve within the study area, the area becomes more attractive for development; thus, stimulating future housing and commercial development and, in turn, generating or dispersing additional population in and adjacent to the study area. CSJs: 0364 -03 -065 & 067 Page 20 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT Income The median household income within the study area ranged from $46,043 to $87,220. For 2005, the weighted average poverty threshold for a four - person family is $19,350. A total of 3.9 percent (3,267 persons) within the study area exhibited 1999 incomes below the poverty level. It is not anticipated that there would be any disproportionate impacts to low income populations. Community Cohesion The proposed project would not adversely affect community cohesion. Community cohesion refers to the aggregate quality of a residential area. The proposed improvements to SH 121 may actually enhance the interaction of communities and neighborhoods in the study area by providing improvements or modifications which will enable residents to travel between communities more efficiently and safely. Economic Impacts In addition to time savings, enhanced safety, and reduced vehicle operating costs attributed to highway investment, construction and related activities financed through the Federal -aid program are important sources of employment for persons in many industries throughout the economy. A number of employment estimation models have been developed over the years. A new and improved employment estimation model called JOBMOD was recently developed for the FHWA by the Boston University Center for Transportation Studies and the Battelle Memorial Institute. The model is based on a statistical analysis of labor and material requirements information for the different types of completed Federal -aid highway projects included in the Statement of Materials and Labor Used by Contractors on Highway Construction Involving Federal Funds (Form -47) database.' The FHWA Fiscal Management Information System was a source of financial and improvement type details for completed projects. While the employment and material density coefficients for highway improvement types used in JOBMOD are average values derived from a large number of Federal -aid projects, and thus subject to a wide variety of conditions, the model provides a general magnitude of the anticipated impacts expected to result during the construction phase of the project. Users manual — JOBMOD Estimation Model. Presented to the U.S. Department of Transportation Federal Highway Administration Office of Transportation Studies and the Battelle Memorial Institute March 28, 2002. CSJs: 0364 -03 -065 & 067 Page 21 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT JOBMOD presents results for three rounds of spending. The proposed project is expected to cost an estimated $182,780,000 to construct. The first round includes all those jobs that are created either directly by the firms actually constructing the project or by the firms that provide direct inputs to the construction project. Based on the estimated construction cost, first round employment would be approximately 2,705 person - years, resulting in approximately $79,034,830 of first round employment income. Second round employment impacts include jobs in firms that provide inputs to the industries that directly provide materials and equipment used in highway construction. An example of a second round employment impact is a firm that provides sheet steel (second round) to the firm that makes the guard rail (first round). Second round employment generated by the proposed SH 121 project could be expected to add additional 1,043 person -years of employment, resulting in approximately $32,336,300 of second round employment income. Third round employment includes all jobs generated by consumer expenditures resulting from the wages paid for first and second round employment. It is equivalent to the standard input- output definition of "induced" employment, and reflects producers' response to an increase in demand for all types of goods and services. Third round employment would add approximately 2,980 person -years of employment during the SH 121 construction period, resulting in approximately $74,780,820 of third round employment income. The dollar value of goods and services produced across all sectors of the economy as a result of the expenditure of $182,780,000 to construct the improvements to the proposed project would be an estimated $884,641,600. Improvements to an existing roadway often result in adverse economic impacts as well. Firms that depend on passing traffic for their business, such as service stations, fast food restaurants, and convenience stores, are particularly susceptible to the impacts of highway construction activities. Restricted access to business sites during the construction process is often a major concern. The construction related restrictions include closed driveways, temporarily reduced capacity of driveways or the roadway, intermittent blockage of roadways, and the uncertainty of customers about how to reach the business site during construction. Construction phasing would allow for new lanes to be constructed while traffic continues to utilize the current facility. As additional main lanes are constructed traffic can be shifted and should provide for the current number of lanes to continue throughout construction. Access to businesses can continue to be provided with temporary driveways across areas under construction with minimal CSJs: 0364 -03 -065 & 067 Page 22 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT interruptions. Controlling the turning movements, however, would result in safer access for customers of adjacent businesses. Environmental Justice As discussed in previous re- evaluations, the potential effects of the proposed action have been evaluated in accordance with the requirements of EO 12898. The Census 2000 data for census tracts was used for the analysis. Census tract (CT) data provides the appropriate level of detail for an area that is sufficiently small to characterize the area of impact. The proposed SH 121 project is located within eight census tracts (see Appendix A: Figure 3). The project area is primarily Anglo and Hispanic. Overall, the minority population of the project area represents 24.3 percent of the total population. Pacific Islanders represent the smallest racial minority, at 0.01 percent of the total project area population. Hispanics constitute 11.2 percent of the project area population. Table 4.3 -1 contains the racial and ethnic population for the project area. • CSJs: 0364 -03 -065 & 067 Page 23 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT TABLE 4 -3.1: RACIAL AND ETHNIC COMPOSITION OF THE POPULATION Population of One Race / Hispanic Not Hispanic or Latino or Total Area/ Total Census Tract Population Latino Minority American of Any Population White Black or Indian/ Pacific Race African Alaska Asian Islander American Native Collin County 491,675 400,481 22,811 2,521 33,606 248 50,262 109,448 81.4% 4.6% 0.5% 6.8% 0.05% 10.2% 22.2% Denton County 432,976 353,699 25,126 2,825 17,110 202 52,365 97,628 81.6% 5.8% 0.6% 3.9% 0.04% 12.0% 22.5 CT 215.09 8,541 7,268 479 64 141 0 983 1,667 85.0% 5.6% 0.7% 1.6% 0.0% 11.5% 19.5% CT 216.05 7,613 5,727 709 54 515 0 815 2,093 75.2% 9.3% 0.7% 6.7% 0.0% 10.7% 27.4% CT 217.11 g gqq 6,638 830 37 318 0 1,696 2,881 75.0% 9.3% 0.4% 3.5% 0.0% 19.1% 32.5% CT 305.01 9,614 8,673 287 50 352 0 457 1,146 90.2% 2.9% 0.5% 3.6% 0.0% 4.7% 11.9% CT 316.44 3,043 2,461 162 0 346 0 96 604 80.8% 5.3% 0.0% 11.3% 0.0% 3.1% 19.8% CT 215.06 10,647 9,025 378 39 266 0 1,476 2,159 84.7% 3.5% 0.3% 2.4% 0.0% 13.8% 20.2% CT 215.08 5,842 4,805 266 49 186 0 934 1,435 82.2% 4.5% 0.8% 3.1% 0.0% 15.9% 24.5% CT 216.01 7,884 5,617 575 11 205 0 2,214 3,005 71.2% 7.2% 0.1% 2.6% 0.0% 28.0% 38.1% CT 216.03 14,247 10,120 795 51 2,306 7 1,587 4,746 71.0% 5.5% 0.3% 16.1% 0.04% 11.1% 33.3% CT 216.04 10,376 8,597 566 39 784 2 631 2,022 82.8% 5.4% 0.3% 7.5% 0.01% 6.0% 19.4% CT 217.10 22,230 17,838 1,702 121 1,432 0 2,064 5,319 80.2% 7.6% 0.5% 6.4% 0.0% 9.2% 23.9% Total Study Area 83,883 67,136 4,731 360 5,877 9 9,459 20,436 80.0% 5.6% 0.4% 7.0% 0.01% 11.2% 24.3% Source: U.S. Census Bureau. Census 2000. http: / /factfinder.census..¢ov The median household income of all census tracts in the study area is comparable to Collin and Denton Counties. As mentioned previously, the percentage of the population below the poverty level for the study area is 3.9 percent. It is not anticipated that there would be any disproportionate impacts to low- income populations. Non -toll facilities would be available to low- income populations via frontage roads and arterial roadways (i.e. Business SH 121, Hebron Parkway, Memorial Drive Expansion project). The use of frontage roads may result in a difference in time travel due to a lower posted speed CSJs: 0364 -03 -065 & 067 Page 24 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT limit and signalization. Travel time data would not be available until further traffic and revenue studies are completed. No displacements would be required due to the proposed design changes. There does not appear to be disproportionate adverse impacts to any minority and/or low- income populations as a result of the implementation of the proposed project. While individual minority and/or low - income persons may be adversely affected by the proposed project, implementation of the proposed project would not result in disproportionately high and adverse impacts to minority or low - income populations. Over the long term, the entire corridor would benefit from the proposed project as a result of improved mobility and reduced traffic congestion. 4.4 Lighting and Visual Impacts The toll gantries are an additional visual element associated with the proposed toll facility. The gantries would include various components of video enforcement equipment such as cameras, appropriate lighting and an interface with the electronic toll transponders. Although additional lighting would be incorporated as part of the violation enforcement system, these additional lighting components would add minimal lighting in comparison to the lighting structures currently planned for the roadway currently under construction. Toll lighting impacts on adjacent neighborhoods are not anticipated as minimal residential land use exists adjacent to the proposed toll gantries. Existing land use adjacent to the proposed toll gantries primarily consists of commercial development and undeveloped land. The gantry lighting design, although not complete at this time, has the potential to be designed to eliminate glare and ambient lighting for future adjacent residential development. CSJs: 0364 -03 -065 & 067 Page 25 FONS1 Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT 5.0 ISSUES ELIMINATED FROM FURTHER STUDY The following issues were eliminated from further since the proposed toll facility would not change the footprint of the roadway, additional ROW is not required, and there are no design changes. The previously approved assessment of these issues remains valid. 5.1 Construction Impacts Construction of the SH 121 facility would continue to be constructed in stages so travel lanes would remain open during construction. Construction of a detour would not be required. 5.2 Cultural Resources The previous environmental assessments included cultural resources surveys of the area of potential effects (APE) for the proposed project to determine if structures or buildings listed or eligible for listing on the National Register of Historic Places (NRHP) would be affected. For this project, the APE related to structures and buildings was determined to be 150 feet from either side of the proposed ROW. The proposed SH 121 toll facility does not warrant additional coordination with THC, since there is no change to the footprint or alignment of the proposed roadway. Previous coordination remains valid. The following outlines the previous coordination with the Texas Historical Commission (THC). The THC concurred on January 5, 1996, that the proposed SH 121 project would have no effect on NRHP eligible or listed properties or State Archeological Landmarks. Additional coordination occurred in 2002 as the result of additional ROW acquisition at that time. On November 20, 2002, the THC concurred that the proposed project would have no effect on NRHP eligible or listed properties or State Archeological Landmarks on SH 121 at IH 35E from east of MacArthur Blvd. to east of IH 35E. Also, tribal coordination was completed on October 28, 2002. There are no cemeteries within or adjacent to the proposed project that would be affected by the construction of the proposed project. In the unlikely event that archeological deposits are encountered during construction, work in the immediate area will cease and TxDOT archeological staff will be contacted to initiate accidental discovery procedures under the provisions of the Programmatic Agreement CSJs: 0364 -03 -065 & 067 Page 26 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT (PA) between TxDOT, THC, FHWA, and the Advisory Council on Historic Preservation and MOU between TxDOT and the THC. 5.3 Farmlands No additional ROW is required; therefore, the proposed project is exempt from the requirements of the Farmland Protection Policy Act (FPPA) and requires no coordination with the Natural Resources Conservation Service (NRCS). 5.4 Floodplains The project lies within the 100 -year floodplain of Elm Fork of the Trinity River. The hydraulic design of the proposed roadway improvements would be in accordance with the current TxDOT and FHWA policy standards. The proposed project would not increase the base flood elevation to a level that would violate applicable floodplain regulations and ordinances. No changes have been made to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM) flood zone designations within the project area since the previous EAs were approved. No additional floodplain impacts would occur as a result of proposed toll facility. As a reference, the FEMA floodplains mapped for this project are listed in Appendix A: Figure 2). A portion of this project is within the Trinity River Corridor Development Certificate Regulatory Zone. Compliance with all applicable regulations is occurring as appropriate, since the project is currently under construction. No coordination or Trinity River Corridor Development Certificate is required during this re- evaluation for proposed tolling. 5.5 Hazardous Materials Under the previous EAs, a thorough investigation of public records and initial site assessments were performed for the project ROW to identify possible hazardous materials within the project limits. Based on the results received from the data base search and site assessments, there were no properties found within the proposed project limits that were considered "at risk ". CSJs: 0364 -03 -065 & 067 Page 27 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT There are no hazardous material impacts from the proposed project that were not identified in previously approved EAs and subsequent re- evaluations. 5.6 Jurisdictional Waters and Wetlands There are no additional waters of the U.S. including wetlands impacted by the proposed project that were not identified in the previously approved EAs and subsequent re- evaluations. The following summarizes the results of these evaluations and coordination with the U.S. Army Corps of Engineers (USACE). SH 121 /IH 35E Interchange A substantial portion of the area located north and east of IH 35E is within the 100 -year floodplain of the Elm Fork Trinity River. TxDOT evaluated a variety of alternatives that would serve to minimize impacts to the aquatic system, yet still satisfy the transportation needs of the DFW area. TxDOT proposes the use of on -site wetland creation to mitigate for unavoidable loses to 0.31 acres of low quality wetlands in the project area. Approximately one (1) acre of bottomland hardwood will be created in an area adjacent to the IH 35E crossing of Timber Creek. Approximately 0.5 acres of mitigation land is located within TxDOT ROW and the remaining 0.5 acres is located on the city of Carrollton ROW. A 13 acre /foot flood storage space will also be provided for this project. The mitigation will provide a riparian zone for a portion of Timber Creek and will connect to an existing wooded ephemeral channel in the proposed Sports Complex. The plants and trees in the mitigation area will provide habitat as well as enhanced wetland function for this area. Crossings of jurisdictional waters have been minimized to impact less than 0.1 acres in each case and will not be mitigated. TxDOT personnel initiated USACE coordination on October 10, 2002. The project will be authorized under Nationwide Permit (NWP) 14 - Linear Transportation Crossings. SH 121 From East of IH 35E to 0.05 mile East of FM 423 This section crosses a small ephemeral stream; however to stream will be spanned and no lost of waters of the U.S. would occur. Coordination with USACE is not required. CSJs: 0364 -03 -065 & 067 Page 28 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT SH 121 From FM 423 to DNT This section of SH 121 crosses four jurisdictional waters and will require the filling of a 0.67 acre on- channel stock pond. An individual permit was required due to impacts at the pond which exceed the 0.5 acre threshold for NWP 14. The individual permit application was submitted to the USACE Fort Worth District on April 15, 2002. The project was assigned #200200254 and the public notice published June 11, 2002. No comments were received that required modification to the application. The proposed project will meet the Clean Water Act Section 401 Water Quality Certification requirements by using one best management practice (BMPs) from each of the three Tier I categories. These will include block sod for erosion control, detention basins for sedimentation control, and vegetative filter strips for total suspended solids (TSS) controls. Previous Texas Commission on Environmental Quality (TCEQ) commitments on water quality certification remains valid. The proposed toll facility does not warrant additional commitments for Section 401 certification under Tier I guidelines. 5.7 Land Use The project area has been subjected to previous disturbances associated with commercial and residential development, and previous and on -going construction of the SH 121 facility. Existing commercial and industrial land uses are likely to continue developing within the proposed toll facility. 5.8 Navigable Waters of the U.S. The proposed project does not cross any navigable lakes, rivers, or streams. A navigational clearance under Section 9 (administered by the U.S. Coast Guard) and Section 10 (administered by the USACE) of the Rivers and Harbors Act of 1899 is not applicable. Coordination with the U.S. Coast Guard (for Section 9) and USACE (for Section 10) would not be required. CSJs: 0364 -03 -065 & 067 Page 29 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT 5.9 Public Facilities and Services The proposed alignment would not impact any public facilities or services. In essence, the construction of the toll facility would enhance access to these facilities and services once construction is complete. 5.10 Relocations and Displacements The proposed tolling of SH 121 requires no additional ROW acquisition; therefore, no displacement or relocations are anticipated. 5.11 Section 40j Properties The proposed project will not require the use of any publicly owned land from a public park, recreation area or wildlife and waterfowl refuge or historic sites of national, state or local significance; therefore, a Section 4(0 statement will not be required. There are no Section 4(f) properties impacted by the proposed toll facility. 5.12 Threatened/Endangered Species The approved EAs addressed species that were historically found within Denton and Collin Counties. It was noted that Denton and Collin Counties fall within the migration route of the whooping crane; however, because of the nature of the project, no effects are anticipated. The current status of federal and state listed and candidate species has not changed since available information at the time of the approved EAs. The project is currently under construction and U.S. Fish and Wildlife Service (USFWS) and Texas Parks and Wildlife Department (TPWD) coordination was previously completed. This assessment remains valid and no further coordination with USFWS or TPWD is necessary for the proposed tolling of the SH 121 mainlanes currently under construction. CSJs: 0364 -03 -065 & 067 Page 30 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT 5.13 Vegetation There are no additional impacts to habitat that would be mitigated for in accordance with the MOU between TxDOT and the TPWD that were not identified in the previously approved EAs and subsequent re- evaluations. The following summarizes the results of these evaluations and coordination with the TPWD. No change to the footprint of the roadway is proposed; therefore, no additional impacts to woody vegetation are anticipated. No additional coordination with TPWD is required. SH 12111H 35E Interchange This project is adjacent to the floodplain of the Elm Fork of the Trinity River. In an effort to minimize impacts to the adjacent habitat, retaining walls were used to reduce the needed ROW. In addition, an area of trees will be avoided near the southern terminus of the project. Overall, approximately 3 acres of habitat will be disturbed, of which less than 0.5 acres consist of mature trees. In accordance with the MOU between TxDOT and TPWD, TxDOT will consider compensatory mitigation for certain types of habitats (habitat for Federal candidate species, rare vegetative species, bottomland hardwoods, native prairies, riparian sites, and locally significant habitat). In addition to the aforementioned avoidance and minimization, compensatory mitigation will be provided by planting approximately one (1) acre of bottomland hardwood in an area adjacent to the EH 35E crossing of Timber Creek and will connect to an existing wooded ephemeral channel in the proposed Sports Complex. The plants and trees in the mitigation area will provide habitat as well as enhanced wetland function for this area. There is no additional compensatory mitigation warranted by the proposed SH 121 toll facility project. SH 121 From East of IH 35E to 0.05 mile East of FM 423 No significant plant communities are located within the right -of -way. No removal of trees would be required in this segment. SH 121 From FM 423 to DNT Surveys in the early 1990's estimated that this project would disturb approximately eleven (11) acres of riparian habitat. As per the MOA between TxDOT and TPWD, planting eleven acres of trees at a nearby USACE Lake (Lake Lewisville or Lake Lavon) will make compensatory mitigation for the impacts. The trees to be planted will consist of the standard TxDOT Dallas District mix and ratio. It should be noted that in recent years development has greatly reduced the actual acreage of riparian habitat adjacent to the proposed ROW. CSJs: 0364 -03 -065 & 067 Page 31 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT In accordance with EO 13112 on Invasive Species and the Executive Memorandum on Beneficial Landscaping, seeding and replanting with TxDOT approved seeding specifications that is in compliance with EO 13112 would be done where possible. 5.14 Water Quality No surface or subsurface waters would be impacted by the proposed tolling of the mainlanes currently under construction. The Elm Fork of the Trinity River (Segment 0822) is not listed as either threatened or impaired in the 2002 Clean Water Act Section 303(d) list, and the project is not within 5 miles upstream of a threatened or impaired water segment. Therefore, coordination with Texas Commission on Environmental Quality (TCEQ) is not required for total maximum daily loads. Because this project will disturb more than one acre, TxDOT will be required to comply with the TCEQs Texas Pollutant Discharge Elimination System (TPDES) General Permit for Industrial Activity. The project will disturb more than five acres; therefore, a Notice of Intent (NOI) would be filed to comply with TCEQ stating that TxDOT will have a Storm Water Pollution Prevention Plan (SW3P) in place during construction of the proposed project. The SW3P utilizes the temporary control measures as outlined in TxDOT's manual Standard Specification for the Construction of Highways, Streets, and Bridges. Impacts will be minimized by avoiding work by construction equipment directly in the stream channels and/or adjacent areas. No long -term water quality impacts are expected as a result of the proposed project. 5.15 Items of a Special Nature Airway- Highway Clearance The project corridor does not come within 20,000 ft of any airport property. Aircraft Clearance issues are not associated with this project. Coastal Zone Management Plan The proposed project is not located within the Texas Coastal Zone Management Program boundary; therefore, this project is not subject to the guidelines of the associated plan. CSJs: 0364 -03 -065 & 067 Page 32 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT Essential Fish Habitat The Magnuson- Stevens Fishery Conservation and Management Act, as amended on October 11, 1996, directs that all Federal agencies, whose actions would impact fish habitat, must consult with the National Marine Fisheries Service regarding potential adverse effects. This requires any project that receives Federal funding must address potential impacts to essential fish habitat. Due to the nature and location of this project, essential fish habitat would not be impacted. Wild and Scenic Rivers There are no wild and scenic rivers in the project area; therefore there would be no impacts to a river designated as a component or proposed for inclusion in the national system of Wild and Scenic Rivers. 5.16 Indirect and Cumulative Impacts The Council on Environmental Quality (CEQ) defines indirect or secondary effects as those which are caused by the action and are later in time and farther removed in distance, but are still reasonably foreseeable. They may include growth induced effects and changes in the pattern of land use, population densities, or growth rates and related changes in air, water, or other natural resources and ecosystems. These effects may not necessarily be restricted to just the study area. The CEQ defines cumulative effects as those which result from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (Federal or non - Federal) or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time. As such, it may be difficult to understand the role that a proposed action may have in contributing to the overall or cumulative impacts to an area or resource. Potential indirect and cumulative impacts from the proposed project may include: • Land use changes due to increased desirability of land. Changes would primarily consist of residential and commercial development; CSJs: 0364 -03 -065 & 067 Page 33 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT • Stimulation of local economies due to construction and potential and realized development opportunities; • Potential increases in population and need for additional utilities; • Runoff increase due to changes in land use and potential increases in sedimentation in areas receiving runoff; and • Further fragmentation and decreased wildlife habitat in areas of increased development. Indirect Impacts Tolling the proposed roadway may create some secondary social and economic impacts that result indirectly from the proposed improvements to the existing roadway. It is anticipated that development opportunities would increase within the study area. Generally, as access to the study area becomes more convenient, more areas would become practical and economically feasible for development and land use changes to occur. This corridor was previously planned and is currently under construction and any anticipated land use changes would occur regardless of the proposed tolling. The overall construction of facilities within this larger transportation system would result in the continued residential and commercial development. Undeveloped areas within the project area would likely be developed for residential and commercial use. Cumulative Impacts Cumulative impacts from roadway projects are usually associated with areas of land that may change from their previous land use. The extent that the proposed project may contribute to these cumulative land use change impacts in an area is dependent upon many factors: distance from the project, real estate speculation, other anticipated and planned projects in the area, development zones, municipal planning, size and closeness of the nearest metropolitan area, local and state regulations and the extent to which they are enforced, to mention a few. Cumulative impacts of tolling on low- income and minority populations is difficult to predict; however, tolling of the mainlanes would be unlikely to result in disproportionately high and adverse effects on minority and/or low- income populations. The SH 121 frontage roads would CSJs: 0364 -03 -065 & 067 Page 34 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT be non - tolled and would function similarly as they do today. Although the imposition of tolls within the project limits would alter the proportion of traffic volumes carried by the roadway mainlanes and frontage roads, this effect would be minimal. As future transportation projects within the surrounding area are considered for tolling, an increased use of non - tolled local arterial roadways (i.e. Business SH 121, Hebron Parkway, Memorial Drive Expansion project) may result. The non - tolled frontage roads and local arterial roadways would continue to provide access to highway systems in the region; however, motorists using these non - tolled alternatives may experience slightly longer travel times than motorists using the tolled mainlanes. Some beneficial cumulative impacts may include the addition of infrastructure improvements constructed to support the increased development and commerce associated with the proposed roadway and economic growth in the immediate area. The added capacity the proposed project offers would provide mobility and relieve traffic congestion for all motorists using the SH 121 corridor whether they use the tolled mainlanes or non- tolled frontage roads. 5.17 Evaluation of Regulatory Changes No environmental regulatory changes have occurred since approval of the EAs and subsequent re- evaluations. All coordination with regulatory agencies remains valid. CSJs: 0364 -03 -065 & 067 Page 35 FONS1 Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT 6.0 CONCLUSION Since the time of the last environmental documentation for this project, there have been no changes in design or ROW requirements. The previously approved environmental assessments and subsequent re- evaluations were completed without the consideration of tolling. Two public meetings were held to inform the public about the proposed changes in order to implement an electronic toll collection system along the SH 121 mainlanes currently under construction. There have been no changes in condition that have resulted in significant social, economic, secondary, or cumulative consequences not previously addressed. This re- evaluation details that project modifications assessed in this re- evaluation (tolling the proposed facility) would not result in impacts substantially different than those considered in the previously approved studies. Implementation of these changes would not appreciably increase the potential for impacts beyond those considered in these assessments. No further environmental documentation would be required. CSJs: 0364 -03 -065 & 067 Page 36 FONSI Re- Evaluation SH 121: From East of MacArthur Blvd. to DNT APPENDIX A: FIGURES CSJ: 0364 -03 -065 & 067 A r �-=. �!; :vi , Fly...1-411111.40gpflet,,,--,0,..31,-.7.4 � a 'r, m a v='■ tf/�1 , 7 f w 1 :a N ■ Ii a �t«7 � :•j�, t / /,�,: Z x a o c H . A i i � 1 . *a E s. # "' Ilia- r■l. iii: � ' W 4 r, x F . - R g .. r ,- — V ctE tit,z$ x 2. :� l�� , .d r . - H oao Q 8 ‘e 74 Ir 1 Mnif a 0 1 _ T IF 15 c N � :Nardi 1-' o o E E ^ ,,,.. N x 5 C C L . C r -c O O .0 a 0 a ?t O E��� 1 2. p ��� =fix d w ? ?4 s — c ° X999 I lU6 ( Ix d r , W L CH Ma ID ` �*- + " E .o0o M a o 0 W 6 d m M M M C H O ` M M 0 J • xininm z . 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' a. ..- ate ' , _ c a U ® t • o • an c O iiw.. _ 7.., ...,*44.,..4,1„,,, 6 ... (V W 0 U 8111 2r CI 1. &r d w U m N rn U Lci U a o - (O N N F N U C C co O ° u. C N \ H cii U o N I � 1 01 U CO co N OL • U w N , .„.,,,,„1 5t..*iiit.-r 1.- r - •-, tlif t:.`" fce:-` . NI rs: a ilw. FONSI Re- evaluation SH 121: From East of MacArthur Blvd. to DNT APPENDIX B: AGENCY COORDINATION CSJ: 0364 -03 -065 & 067 B STAT E DEPARTMENT OF i1i4H11':4Y5 AND Pt 131.10 TRANSPORTATION pttvrti 1 .t;KFtR•T. UY til4attaAk Nl.t:. • III 4R4/. At ■n 'teas. :ue Apr i1 19, 1991) 0 36'4-3-65 1 vti.5 :i { :- No Significant Impact .i: :l1ar_. Dc.n;on County S. ti. 1 21: At 1. N. 951-_ 41: . 1 i.li:l '. :'41 er Jr. State Single Print of Contact Governor's Office of tsu8;,et arx; Planning P. Q. ?o:.c 1.2428 _.. , Texas 28711 lie Str: A finding of no significant iapact has been issued. far to subject project. You were t1 of the environmental assessment by our Letter dated A,le,tlt:t . 1469. Sincerely, f ccv :rfT. Attachment Kenneth C. ?.ohuslav, P. E. bee: ' :wallas District Office TRACS Coordinator (District IS) / `) D -1.5 CCV VC<'F. TO DISTRICT: Attached is one copy of the Ft1WA's Letter dazed April 13, 1990, with are enclosed copy of the Finding of Vo Significant Impact CFO :ISM. This completes the public heart_t•.g and environmental requirements. As indicated in paragraph 2-511 of the Highway De.algn Manuel, Pare LI 13, the News aedla should be notified by press re that approval has been received. Also, piease notify the State intergovernmental review contact of the availability of chC FONSt. Prvr, t ) • /1 fj./ _'r ( — • • 1 ff� .• 7E F1NCING %C SIGNIFICANT IMPAC.T FT)Pt Si 121 at :n 35E 2allas and :)entian Counties The has dete -mired that this proect will niat have any i•ignfcant i*cact on the human environment. This l'ird7rg of no significant impact is 5ase on the attached envinomental :Issesslletit 'unich nas been inclenerdqntly evalated ny the and determined to adequately and accurately discuss doe anvirnnmental Issues and , T.cacts of the pragosed pvoject. It arovides sufficient evidence and analysis for determining that an a iwact statement ls nct recrAred. The FHwA takes full nesconsibility for Yo accktraCy, scone and content of t ttached environmental assessmert. r 4 //j /9D , Jate District Engineer [ • • . • . ••• : .•• • . : : •• " • " " • " . . . . . 06/24/2003 10:05 FAX 002 • Texas Department of Transportation DEWITT C. GREER STATE HIGHWAY BLDG. • 125 E. 11TH STREET • AUSTIN, TEXAS 78701.2483 • (512) 463-8585 October 17, 2002 NH 2002(933) FONSI Re- evaluation Denton and Collin Counties CS1s 034 -03 -066, 03214 -04 -022, 0344 -04 -024, 0314-04-037 & 03C4 -04 -038 S. H. 121: From F.M. 423 to U.S. 75 Mr. C. D. Reagan Division Administrator Federal Highway Administration Austin, Texas Dear Mr. Reagan: On November 22, 1991, the Federal Highway Administration (FHWA) issued a Finding of No Significant Impact covering the above - described section of S.H. 121. In addition a Notice of Continuous Activity was submitted to FHWA by letter dated Tune 3, 1999. Since the time that the FONSI was issued, a minor design change was made that resulted in a smaller typical section for a short distance around Plano Parkway (CSJ 0364 -04 -038). The change is addressed in the attached FONSI Re- evaluation. There have been no changes in design, land use or right -of -way (ROW) requirements for any of the other sections of S. H. 121 Iisted on page 1 of the document. ROW acquisition is 95% complete. A section of the S.H. 12I project from U.S. 75 to 0.7 Miles West of F.M. 2478 is scheduled for the November 2002 letting. • Also attached are copies of letters indicating completion of coordination with the Texas Historical Commission for archeology and with the Texas Commission on Environmental Quality. Tribal coordination was initiated by FHWA's letter dated September 18, 2002, and the 40 -day comment period will expire on October 28, 2002. We will notify your office as to whether or not any comments from the tribes are received by the deadline date. No other resource agency coordination is required. Your review and approval of the FONSI Re- evaluation is requested. Sincerely, • Ann M. Irwin Deputy Division Director Environmental Affairs Division Attachments Approved: Date: _ Q�-- Federal Highway Administration FEDERAL HIGHWAY ADMINISTRATION FINDING OF NO SIGNIFICANT IMPACT FOR NH 2001(370) Denton County CSJs 3547-01-009 & 0364- 03-066 S.H.121 Bypass: From East of I.H. 35E to 0.05 Mile East of F.M. 423 The FHWA has determined that this project will not have any significant impact on the human environment. This finding of no significant impact is based on the attached environmental assessment which has been independently evaluated by the FHWA and determined to adequately and accurately discuss the environmental issues and impacts of the proposed project. It provides sufficient evidence and analysis for determining that an environmental impact statement is not required. 0 10g / 2003 ?t•.r` Date Federal Federal Highway Administration S's7 Regional Transportation Council Tre Tranvper;afidn Poi=cy Botsp ?ar the North Central Texas iouncsl of Governments 'Minropotilar Ptann :ng Orgai za ;ors _: the Da:ias- Fon .Regl nj NMI TO: Texas Department of Transportation Texas Depapi, T• of 1, 2004 North Texas Toliway Authority ratlsporta #ion Dallas Area Rapid Transit District No. 18 Fort Worth Transportation Authority ocr 0 f? 29 Federal Highway Administration Federal Transit Administration impacted Local Governments Denton County Transportation Authority FROM: Michael Morris, P.E. Director of Transportation SUBJECT: Resolution Approving the Texas Metropolitan Mobility Plan On August. 12, 2004. the Regional Transportation Council (RTC) of the North Central Texas Council of Governments (NCTCOG) approved the Texas Metropolitan Mobility Plan. RTC Resolution R04 -03 is enclosed for your information. On September 9, 2004, the RTC also approved the Unified Transportation Program Projects. A copy of Resolution R04 -05 is also enclosed. The Texas Metropolitan Mobility Plan, the region's framework to address the long -term needs for the movement of goods and people, is adopted and available to the public. it is based on basic concepts of planning, funding, and streamlined project delivery. Emphasis includes strategies to reduce congestion and improve system mobility, as well as overall system performance. Particular attention was focused on identifying all deficiencies in the future transportation network not addressed in the current financially - constrained Metropolitan Transportation Plan. Costs are also estimated to address these deficiencies, along with real -world solutions. The Texas. Metropolitan Mobility Plan was developed in response to a state -wide initiative and impacts future planning decisions with local governments, the Texas Department of Transportation. North Texas Tollway Authority, Dallas Area Rapid Transit. Fort Worth Transportation Authority, Denton County Transportation Authority. and other transportation agencies. Section 8 of Resolution R04 -03 and Section 9 of Resolution R04 -05 require that they be provided to all impacted parties. If you have any questions, please call Michael Burbank at (817) 595 -9251. ) AttA/\.., ) r ) ( ) ; ; a ..... tllicha‘t Morris. P.E. O MB.cma _ Er,c;tosure -cc: .:;i. • - ' r semen 4. rofect File 0. Bak 5888 Arl:noton, Texas 76005-5888 • ;91 7! 695•924C • FAX 18171 6413- 31.r?i3 0 r , nttr?:ipomw.nctCtg Jot.tx. • .sue . y�: RESOLUTION APPROVING THE TEXAS METROPOLITAN MOBILITY PLAN FOR THE DALLAS -FORT WORTH ME FHOPOLITAN AREA R04 -03 WHEREAS, the North Central Texas Council of Governments (NCTCOG) has been designated as the Metropolitan Planning Organization (MPO) for the Dallas -Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Dallas -Fort Worth Metropolitan Area has a population greater than 200,000 and has, therefore, been designated as a Transportation Management Area (TMA); and, WHEREAS, the Regional Transportation Council (RTC), comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments and has been and continues to be a forum for cooperative decisions on transportation; and, WHEREAS, The Transportation Equity Act for the 21 century (TEA -21) assigns the MPO the responsibility for carrying out the metropolitan planning process, in cooperation with the State and operators of publicly owned transit services; and, WHEREAS. the Texas Transportation Commission has instituted a new requirement for the eight largest TMA's in the state to develop locally -based Texas Metropolitan Mobility Plans, targeting and quantifying out -year funding needs; and, WHEREAS, the Regional Transportation Council has been identified as the regional policy - making body responsible for the approval of the Texas Metropolitan Mobility Plan; and, WHEREAS, the planning process used in the development of this Plan was conducted in accordance with NCTCOG's approved public involvement procedures, including involvement of the transportation providers and presentation of the Plan at public meetings prior to RTC approval of the plan; and, WHEREAS, the Texas Metropolitan Mobility Plan has been recommended for approval to the RTC by NCTCOG's Surface Transportation Technical Committee. NOW, THEREFORE, BE IT HEREBY RESOLVED: Section 1. That the Regional Transportation Council approves the Texas Metropolitan Mobility Plan for the Dallas -Fort Worth Metropolitan Area. Section 2. That the total transportation need in the Dallas -Fort Worth Metropolitan Area is S100 Billion through the year 2025. Section 3. That the Texas Metropolitan Mobility Plan identifies needs beyond the financially - constrained Metropolitan Transportation Plan. 6F Section 4. That this process was conducted consistently and simultaneously with the other eight Transportation Management Areas in Texas. Section 5. That this process was conducted according to statewide planning process guidelines. Section 6. That the Regional Transportation Council is reviewing public comment on the shorter -range fisting of prioritized regional projects as contained within the 2005 Unified Transportation Program and is scheduled to take action on September 9, 2004. Section 7. That the Regional Transportation Council requests the Texas Transportation Commission and the Texas Legislature to review and address the out -year funding needs for the Dallas -Fort Worth region. Section 8. That this resolution will be transmitted to the Texas Transportation Commission, the Texas Department of Transportation, and other impacted agencies or local governments. Section 9. That this resolution shalt be in effect immediately upon its adoption. I Jack Hatehelf, ill- ., Chairman Regional Transportation Council Commissioner, Collin County I hereby certify that this resolution was adopted by . Regional Transportation Council of the North Central Texas Council of Governments for e • Alas_F Worth 1 -tro Titan Area on August 72 2004. ir ea .. Cy ite. 'cretary Regis' ., Transportation Council Com i-sioner. Denton County RESOLUTION APPROVING THE TEXAS METROPOLITAN MOBILITY PLAN AND UNIFIED TRANSPORTATION PROGRAM PROJECTS FOR THE DALLAS -FORT WORTH METROPOLITAN AREA R04 -05 WHEREAS, the North Central Texas Council of Governments (NCTCOG) has been designated as the Metropolitan Planning Organization (MPO) for the Dallas -Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and WHEREAS, the Dallas -Fort Worth Metropolitan Area has a population greater than 200,000 and has therefore, been designated as a Transportation Management Area (TMA); and, WHEREAS, the Regional Transportation Council (RTC), comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments and has been and continues to be a forum for cooperative decisions on transportation; and WHEREAS, the Transportation Equity Act for the 21 century (TEA -21) assigns the MPO the responsibility for carrying out the metropolitan planning process, in cooperation with the State and operators of publicly owned transit services: and, WHEREAS, the Texas Transportation Commission has instituted a new requirement for the eight largest TMA's in the state to develop locally -based Texas Metropolitan Mobility Plans. targeting and quantifying out -year funding needs: and, WHEREAS, the Regional Transportation Council has been identified as the regional policy - making body responsible for the approval of the Texas Metropolitan Mobility Plan; and, WHEREAS, the planning process used in the development of this Plan was conducted in accordance with NCTCOG's approved public involvement procedures, including involvement of the transportation providers and presentation of the Plan at public meetings prior to RTC approval of the plan; and, WHEREAS, the Texas Metropolitan Mobility Plan and Unified Transportation Program Projects has been recommended for approval to the RTC by NCTCOG's Surface Transportation Technical Committee. NOW. THEREFORE, BE IT HEREBY RESOLVED: Section 1. That the Regional Transportation Council approves the Texas Metropolitan Mobility Plan for the Dallas -Fort Worth Metropolitan Area. Section 2. That the total transportation need in the Gallas -=on Worth Metropolitan Area is $100 Billion through the year 2025. Section 3. That the Texas Metropolitan Mobility Plan identifies needs bev and he financially- constrained Metropolitan Transportation Plan. E�. Section 4. That this process was conducted consistently and simultaneously with the other eight Transportation Management Areas in Texas. Section 5. That this process was conducted according to statewide planning process guidelines including pass public meetings between TxDOT and Regional Transportation Council staff. Section 6. That the Regional Transportation Council has reviewed public comments on the shorter - range listing of prioritized regional projects as contained within the 2005 Unified Transportation Prograrn and approves the attached listing. Section 7. That the Regional Transportation Council requests the Texas Transportation Commission and the Texas Legislature to review and address the out -year funding needs for the Dallas -Fort Worth region and the State of Texas. Section 8. That the Regional Transportation Council approves the Texas Metropolitan Mobility Plan Excess Toll Revenue Sharing Policy, as attached. Section 9. That this resolution will be transmitted to the Texas Transportation Commission, the Texas Department of Transportation, and other impacted agencies or local governments. Section 10. That this resolution shall be in effect immediately upon its adoption, Jac Hat ell, P.E., Chairman Regional Transportation Council Commissioner, Collin County I I hereby certify that this resolution was adopted by tp &Regional Transportation Council of the North Central Texas Council of Governments fo , he Dallas -Fort Worth Metropolitan Area on September 9, 2004. ,\.< CynTiia ti!� eoretary Regional<Transportation Council Cornniioner, Denton County 1 • Ks. ;' 3 - ti It -...Ii c.o. ? 134 1 ptil2 -.?;1 0 i2 y t o f; � _ _ � j 3 e Q _611 r ¢ 1 If i tr Q p $ a l4 . ^.^� 1'r. n t aC 3 w tfd` .' if ts$3F'�s Lii ` . : 3 4 » E iii �, 1 -0 -.-A ty :: s* :; ". 3 err 1 . ` a r y i.g la � ttl ti aarr a= si _ _ &e33 ] 4 . a -. v le h` f ,1. , :. J -s i A r :S T b 1 3 ? m a g y� S r I C o -i' g gg E k M1,t rq;` i w � y y G i C , 1 A 1 p O - Z.:-„.4:!, p 'C Ti q t .w75 i w 1 : . l C ot - w t . at ` m air 51: ; i -=',.. 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D J N 'tom' Z { w { a ! ^ g. 4 ' n i 1 ; w i R r i ~ w e y ik v w z k I 4. 4. w £ 7 » " a 4 . d, 4 4 tit s u 412T If. r : . Z v Y ri= E 1 s i 3 i5 3 q f I 5 1 n� c te a' x E n i 1...- . F 5 R } t E r. i 4 V S t! i . . ? . / 5 sit'. ++ ; '3 - 7 dd a U v C C A 3 X 31 f a w 3 1jL 3 ; 1 :i i' d s 3 g .¢r f . � Ar ' � � r � - � c :. 3 2 2 a g & 1 ik TEXAS METROPOLITAN MOBILITY PLAN EXCESS TOLL REVENUE SHARING Purpose: to establish a framework for the allocation of future avenue from toll projects in the North Central Texas region. 1. The focus of this policy is TxDOT - sponsored toll projects.' 2. Excess toll revenue is defined as annual toll revenue atter the bonds are paid off, and after annual reserve funds have been set aside to cover facility operational costs, anticipated preventive maintenance activities, and the expected cost of rehabilitation or reconstruction of the facility. 3. Excess toll revenue from individual projects may be used to help pay down the bonds on other toll projects. to ensure that all of TxDOTs toll bond obligations in the region are met. 4. All excess revenue generated from individual toll projects shall remain in the TxDOT district in which that revenue- generating project is located. 5. All (or a portion of) the excess revenue generated from individual toil projects shall remain in the counties in which that revenue - generating project is located. These funds can be used to fund future projects either on or off the State system. 6. Projects funded with excess toll revenue should be selected in a cooperative TxDOT -RTC selection process which considers the desires of the cities and counties in which the revenue- generating project is located. - Excludes managed Lanes. 69 Texas Depart:77' rJ• r D istrict , i Regional Transportation Council The Transportation Policy Body for the North Central Texas Council cf Governmen _ - (Metropolitan Planning Organization for the Dallas -Fort Worth Re g, on) _ TO: S.H. 121 Memorandum of DATE: March 24, 2005 Understanding Signatories FROM: Michael Morris, P.E. Director of Transportation SUBJECT: Transmittal of S.H. 121 Memorandum of Understanding The S.H. 121 Memorandum of Understanding (MOU) that outlines the funding strategy associated with the tolling of S.H. 121 from the southern end of the S.H. 121 Bypass at Denton Creek to the Dallas North Toliway has recently been finalized. A fully executed original is being transmitted to you via certified mail. As noted in the document, this MOU serves as a staff planning document, which will be supported by subsequent approval by your policy bodies by resolution. The North Central Texas Council of Governments and Texas Department of Transportation have secured or are pursuing funding for all projects identified in the MOU. Please note that all projects included in the S.H. 121 MOU will go to bid as soon as funding is available and the project is ready for construction. We look forward to working with you in the future to monitor these projects and facilitate their timely implementation. Please contact Christie Jestis or me at 817/695 -9240 if you have any questions or if you need any additional information regarding the S.H. 121 Memorandum of Understanding. Ate/Mid Ai/ M c ael Morri , P. . LS:bw Enclosure cc: Bob Brown, P.E., Assistant District Engineer, Texas Department of Transportation Ken Griffin, P.E., City Engineer, City of Coppell Jerry Hodge, Director of Public Works, City of Grapevine Cesar Molina, Jr., P.E., Director of Transportation, City of Carrollton John Polster, Innovative Transportation Solutions, Inc. Cissy Sylo, P.E., Director of Engineering Servi c f ,gbac t Alan Upchurch, P.E., City Engineer, City of PI ''r 2004 -2005 UPWP Element 3.01 Project F' ) Asst Dist •'» t «■...s oPaG,c pArzlit 10“ �( � .` L, 0 Acriart .........s - ( ) () Advise Clikt irk / yik w ��Ntr.,- ) Comment Mc.G -urt -E i _ ---µ- a^ P. O. Box 5888 • Arlington, Texas 76005 -5888 •-f&1 • -- • • • it _ • ; w ..� t} ybea srl ; http: / /www.nctcog.dsexiii /trans A41141PO4 MEMORANDUM OF UNDERSTANDING S.H. 121 Funding Strategy This memorandum of understanding (MOU) is a staff planning document that is intended to outline the agreement regarding the S.H. 121 tollway funding strategy and is not intended to be a legally binding or enforceable agreement. On March 25, 2004, the Texas Transportation Commission approved Minute Order 109615, which allows the Texas Department of Transportation (TxDOT) to issue bonds and other public securities to fund state highway system improvements. Subsequently, TxDOT and the North Central Texas Council of Governments (NCTCOG) recommended the construction of S.H. 121 as an electronic toll facility from the southem end of the S.H. 121 Bypass at Denton Creek to the Dallas North Tollway (DNT). Denton County, The Colony, Lewisville, Carrollton, Coppell, Frisco, Plano, and Grapevine concur with the TxDOT and NCTCOG recommendation. The impacted parties hereby do state their positions concerning the funding strategy and, subject to the various conditions contained herein and approval of appropriate funding and contractual documents, their intent to subsequently enter into binding agreements which will implement the following basic terms. It is noted that all projects included below will go to bid as soon as the project is ready for construction. I. NEAR NEIGHBOR/NEAR TIMEFRAME POLICY DENTON COUNTY I.H. 35E: from President George Bush Turnpike (PGBT) to the Lake Lewisville Bridge • Denton County will contribute $57 million from TRIP -04, the Transportation Road Improvement Program — 2004 from County Judge, Commissioner Precinct 1, and Commissioner Precinct 3 funds. • TxDOT agrees to fund the remaining cost of Design, Right -of -Way (ROW), and Construction. • TxDOT agrees to make every effort possible to open I.H. 35E to traffic by 2011 or within seven years of agreement on S.H. 121. F.M. 720: from .2 Miles West of Garza Lane to .1 mile west of F.M. 423 • Denton County agrees to use $6 million in TRIP -04 funds to provide the Environmental Assessment (EA), Schematic, PS &E, and 10% of ROW costs from Commissioner Precinct I funds with remaining funds committed to the cost of construction. • TxDOT/NCTCOG agree to fund 90% of ROW and the remaining cost to construct F.M. 720. • TxDOT/NCTCOG agree to make every effort possible to open F.M. 720 to traffic by 2008. F.M. 423: from S.H. 121 to U.S. 380 • Denton County will provide the EA, Schematic, and PS &E for F.M. 423 from Stewarts Creek Road to U.S. 380 from Commissioner Precinct 1 funds. Denton County will also pay 10% of ROW for this segment with $3.5 million in TRIP -04 funds with remaining funds committed to the cost of construction. • TxDOT/NCTCOG agree to fund remaining cost of construction for F.M. 423 from Stewarts Creek to U.S. 380. • Denton County agrees to fund 100% of the cost of the EA, Schematic, and PS &E for F.M. 423 from S.H. 121 to Stewarts Creek Road. • Denton County agrees to fund 10% of ROW for F.M. 423 from S.H. 121 to Stewarts Creek Road from Commissioner Precinct 2 funds. • TxDOT/NCTCOG agree to fund 90% of ROW for F.M. 423 from S.H. I21 to U.S. 380. • TxDOT/NCTCOG agree to fund 100% of construction for F.M. 423 from S.H. 121 to Stewarts Creek. • TxDOT/NCTCOG agree to make every effort possible to accelerate F.M. 423 Ietting to permit it to be open to traffic near F.M. 720 completion and coordinated with the northern F.M. 423 segment, but in any event within six years of agreement on S.H. 121. Page 1 of 5 Reprioritization of S.H. 114 Denton County agrees to stage construct S.H. 114 from I.H. 35W to F.M. 156 freeing up approximately $47 million. In return, Denton County requests the following: S.H. 114: from .3 Miles East of Wise/Denton County Line to 2,100 Feet West of F.M. 156 • Denton County to provide EA, Schematic, and 10% ROW. • TxDOT/NCTCOG agree to fund PS &E, 90% of ROW and 100% Construction (funds for this project already exist in the Unified Transportation Program). • TxDOT/NCTCOG agree to make every effort possible to let S.H. 114 by 2006. F.M. 407: from F.M. 1830 to Chinn Chapel Road • Denton County to provide EA, Schematic, PS &E, and 10% ROW. • TxDOT/NCTCOG agree to fund 90% of ROW and 100% of construction. • TxDOT/NCTCOG agree to make every effort possible to let F.M. 407 by 2006. De federalization of Projects Denton County agrees to reprioritize $18.25 million of its participation in the following projects in the following amounts: • I.H. 35E Commissioner Precinct 2 funds totaling $2 million • F.M. 423 Commissioner Precinct 2 funds totaling $10.5 million • F.M. 544 Commissioner Precinct 2 funds totaling $5.75 million TxDOT/NCTCOG agree to fund the $18.25 million reprioritized by Denton County as outlined above, if Denton County will fund the following local projects totaling $18.25 million: • Memorial Drive (three sections) from Blair Oaks to Navaho (0/2 to 4 lanes) totaling $4.75 million • South Colony Blvd. from Memorial Drive to S.H. 121 (0 to 4 lanes) totaling $2.25 million • Paige Road from South Colony to North Colony (4 to 6 lanes) totaling $4.25 million • F.M. 423 10% ROW totaling $4 million • The Colony's share of utility relocation and installation costs along F.M. 423, not funded by TxDOT, totaling $3 million. The defederalized funds allocated to local projects are not necessarily prioritized m the order in which they appear in the Memorandum of Understanding, but will be funded according to the agreements executed between Denton County (Precinct 2) and the City of The Colony. COLLIN COUNTY Upon reimbursement by TxDOT, Denton County agrees to refund Collin County's State Infrastructure Bank loan expenditures. CITY OF THE COLONY F.M. 423: from S.H. 121 to U.S. 380 The City of The Colony benefits from the construction of F.M. 423 (see terms outlined in the Denton County - S.H. 121 Near Neighbor/Near Timeframe Projects above). F.M. 720: from .2 Miles West of Garza Lane to .1 mile west of F.M. 423 The City of The Colony benefits from the construction of F.M. 720 (see terms outlined in the Denton County - S.H. 121 Near Neighbor/Near Timeframe Projects above). { k� Page 2of5 Denton County agrees to fund the following projects as listed in the De- federalization section: • Memorial Drive (three sections) from Blair Oaks to Navaho (0 to 4 lanes) totaling S4.75 million • South Colony Blvd. from Memorial Drive to S.H. 121 (0 to 4 lanes) totaling $2.25 million • Paige Road from South Colony to North Colony (4 to 6 lanes) totaling $4.25 million • F.M. 423 10% ROW totaling $4 million • The Colony's share of utility relocation and installation costs along F.M. 423 not funded by TxDOT, totaling $3 million Upon reimbursement by TxDOT, Denton County agrees to refund the City of The Colony's State Infrastructure Bank loan expenditures. NCTCOG will request that the North Texas Tollway Authority (NTTA) have a tolltag store within the City of The Colony to accommodate local utilization. NCTCOG will request that NTTA initiate discussion regarding the use of tolltags by rental vehicle agencies. CITY OF LEWISVILLE I.H. 35E from PGBT to Lake Lewisville Bridge • TxDOTiNCTCOG agree to fund an additional $8 million to replace the City of Lewisville's $8 million bond fund contribution to the I.H. 35E project. Local Projects: • NCTCOG agrees to fund $8 million toward a local project, preliminarily identified as Corporate Drive, in the City of Lewisville. The City of Lewisville agrees to fund the local match for this project. • Upon reimbursement by TxDOT, Denton County agrees to refund the City of Lewisville's State Infrastructure Bank loan expenditures. CITY OF CARROLLTON I.H. 35E from PGBT to Lake Lewisville Bridge • Denton County will contribute $57 million from TRIP -04. • TxDOT agrees to fund the remaining cost of Design, ROW, and Construction. • TxDOT agrees to make every effort possible to open I.H. 35E to traffic within 7 years of agreement on S.H. 121. Beltline Road from Jackson Road to 1,000 feet west of I.H. 35E • TxDOT agrees to fund $10 million toward the reconstruction of Beltline Road to create a grade- separated facility that will pass under I.H. 35E and the existing rail Iines in the area. • NCTCOG agrees to pursue $10 million in funding toward the reconstruction of Beltline Road to create a grade- separated facility that will pass under I.H. 35E and the existing rail lines in the area. • TxDOT/NCTCOG agree to fund the project in 2005 and make every effort possible to complete the project by 2011 • The City of Carrollton will work with other local partners to identify a funding source for the remaining funding shortfall. • Upon reimbursement by TxDOT, Denton County agrees to refund the City of Carrollton's State Infrastructure Bank loan expenditures. CITY OF COPPELL Freeport Parkway from S.H. 121 to Sandy Lake Road; new roadway; 0 to 6 lanes • NCTCOG agrees to fund $3.64 million toward the construction of Freeport Parkway. Page 3 of 5 Freeport Parkway from Sandy Lake Road to Ruby Road; addition of lanes; 2 to 4 lanes • NCTCOG agrees to fund $3.368 million toward the widening of Freeport Parkway. The Funnel Project: • TxDOT/NCTCOG agree to expedite construction of the "Funnel" project on S.H. 121 /S.H. 114 from Business 114 to the Dallas County Line. • Upon reimbursement by TxDOT, Denton County agrees to refund the City of Coppell's State Infrastructure Bank loan expenditures. TxDOT ensures placement of a northbound exit ramp on S.H. 121 to serve Sandy Lake Road. The ramp should: • Protect the diamond interchange planned at S.H. 121 and Freeport Parkway, and • Provide access to Grapevine Mills Shopping Mall. CITY OF GRAPEVINE The Funnel Project: • TxDOT agrees to fully fund and expedite construction of the "Funnel" project on S.H. 121/S.H. 114 from Business 114 to the S.H. 121 Bypass/Denton Creek. • Upon reimbursement by TxDOT, Denton County agrees to refund the City of Grapevine's State Infrastructure Bank loan expenditures. CITY OF PLANO U.S. 75 Ramp Improvements at Parker Road: • NCTCOG agrees to reallocate federal funds from two intersection improvement projects at Preston Road/Legacy Drive and Spring Creek Parkway /Coit Road, and from the Los Rios Boulevard widening project to construct ramp improvements at U.S. 75 and Parker Road through the November 2004 Statewide Transportation Improvement Program (STIP) Revisions. • NCTCOG agrees to fund $3 million for the U.S. 75/Parker Road Interchange project to be added to the Transportation Improvement Program through the February 2005 STIP Revisions. An additional $3 million in TxDOT funding will be pursued for this project. CITY OF FRISCO F.M. 423: from S.H. 121 to U.S. 380 The City of Frisco benefits from the construction of F.M. 423 (see terms outlined in the Denton County - S.H. 12I Near Neighbor/Near Timeframe Projects above). F.M. 2934 from F.M. 423 to the Dallas North Tollway; widen 2 to 6 lane divided • TxDOT agrees to fund 100% of construction costs for F.M. 2934 from F.M. 423 to the Dallas North Tollway as previously committed by TxDOT. • The cost estimate for this project is $12 million. • TxDOT agrees to make every effort possible to let the project immediately upon completion of design, approval of the EA, and ROW acquisition, which is estimated to be complete by fall 2005. F.M. 3537 from S.H. 289 to F.M. 2478; widen 2 to 6 lane divided • TxDOT agrees to fund 100% of the construction cost of F.M. 3537 from S.H. 289 to F.M. 2478 as previously agreed upon between the City of Frisco and TxDOT as part of negotiations for the City of Frisco for constructing F.M. 720 from F.M. 423 to Preston at the City of Frisco's expense. • The cost estimate for this project is $18 million. • TxDOT agrees to make every effort possible to let the project immediately upon completion of design, approval of the EA, and ROW acquisition, which is estimated to be complete by spring 2006. Page 4 of 5 Tolling along S.H. 121 from Denton Creek to the Dallas North Tollwav • TxDOT and the City of Frisco agree that the westbound Legacy and eastbound Dallas North Tollway exit ramps will not be tolled. • TxDOT and the City of Frisco agree to allow a toll on the westbound Spring Creek Parkway exit ramp only. II. FUTURE EXCESS TOLL REVENUE POLICY On September 9, 2004, the Regional Transportation Council of the North Central Texas Council of Governments approved the attached policy regarding excess revenue generated by toll roads in the Dallas -Fort Worth area. The approved policy outlines the circumstances under which excess toll revenue would become available and be distributed. III. SIGNATURE OF AGREEMENT This agreement is contingent upon approval of the terms outlined herein by the policy body of each impacted party, as well as fmal approval of the funding package by the Texas Transportation Commission. /,,vim �. 4644 William Hale, P.E. % is • ael Morris, P.E. Texas Department of Transportation North Central Texas Council of Governments M \Abe (cS .` Judge ° A Horn Ruben Delgado, P.E. ! � Denton County Collin County C - �:_� :, � , iii,. � �. Dale Cheatham Leonard Martin City of The Colony City of Carrollton n r f I ��` r II &- / Jtf' t Claude King /it)/ of Coppell City of Lewisville 1/ 'Cl&C"/C‘ j I L Tam Muehlenbeck . = �� '!'��'� City S. og �;n Q) Ci of Piano City of rapevine ∎, -" „� ,/4 . Geor: - ` urefoy City of Frisco Page 5 of 5 3 G.) co CU - C a) -4 a) (a a) . -- O ' C 'CD -C a) ..0 c Z o a) o0) .0 �o ca 23 # .5 (.9 2 c o O. - o E o c o v c .c o >, ct U -c o i >. k aml. .4...• U -> " O O s O .> „- r z OW co o = c C — a) x O • O o a) -a O — r rir�rri C o p O C C c = N Z O L C C E— 1 a) _ _ O . O �rrr N O O a) "co U a 1- a) O C Q- O C — i U R3 O a) N -a _ 2 C (LS a) O%, 0 - > a s c o OC .,� lij . c o.. cr a) aoi a-= -- a C- o a)c 0 ca L x H to ' a N C C o C > L C N C SD i - -- < a) N - o ' a) co C a) Q) 0 }' N f a) .. U L- -c' X a) c a) a) re Immo O R >, -p u) • C• =- a a) a) '�' a) '`"' co U `' > v o --, c c x a. o fiN. 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