Record of Decision Available for Public Review

Notice Record of Decision Available for Public Review

North Houston Highway Improvement Project

From US 59/I-69 at Spur 527 to I-45 at Beltway 8 North CSJ: 0912-00-146 Harris County, Texas

This notice advises the public that the Texas Department of Transportation (TxDOT) has issued a Record of Decision (ROD) for the proposed North Houston Highway Improvement Project (NHHIP) in Harris County, Texas, and that the ROD is available for review. The ROD identifies the selected alternative and signifies the completion of the environmental review process.

The Selected Alternative includes construction of roadway improvements to add four managed express (MaX) lanes on I‐45 from Downtown Houston to Beltway 8 North, reroute I‐45 to be parallel with I‐10 on the north side of Downtown Houston and parallel to US 59/I‐69 on the east side of Downtown Houston, realign sections of I‐10 and US 59/I‐69 in the Downtown area to eliminate the current roadway reverse curves that limit capacity, and depress US 59/I‐69 between I-10 and Spur 527 south of Downtown to remove the problematic weaving sections. The proposed project also includes reconstruction of mainlanes and frontage roads; addition of bicycle/pedestrian realms along the streets that cross the freeways, including a 15- to 17-foot-wide pedestrian realm that will create a buffer between the bicycle/pedestrian traffic and the vehicular traffic; addition of sidewalks along frontage roads; and addition of pass‐through lanes on I‐10 that will separate traffic desiring to go to Downtown from traffic destined to go through Downtown.

The ROD documents selection of the Preferred Alternative described in the Final Environmental Impact Statement (EIS) as the alternative selected for implementation. It presents the basis for the decision, summarizes the mitigation measures that will be incorporated into the project, and provides responses to issues raised in comments received on the Final EIS. Although the ROD is the final step in the EIS process and results in a Selected Alternative, future changes and refinements to the project can still occur.

The Final EIS and ROD are available on the project website at www.IH45NorthandMore.com. Paper copies of the ROD can be made available by submitting a request in writing by mail to: TxDOT Houston District Office, Advanced Project Development Director, P.O. Box 1386, Houston, TX 77251. Requests may also be submitted by email to [email protected], or by phone by calling 713-802-5070.

The ROD is written in English. If you need an interpreter or document translator because English is not your primary language or you have difficulty communicating effectively in English, one will be provided to you. If you have a disability and need assistance, special arrangements can be made to accommodate most needs. If you need interpretation or translation services or you are a person with a disability who requires an accommodation to review the ROD, please contact the TxDOT Director of Advanced Project Development at (713) 802-5070 no later than 4 p.m. CT, at least three business days before the date on which you would like to review the ROD. Please be aware that advance notice is required as some services and accommodations may require time for TxDOT to arrange.

Si usted necesita un intérprete o traductor de documento porque inglés no es su idioma primario o usted tiene dificultad comunicando eficazmente en inglés, sírvase comunicarse con Sue Theiss Distrito de Houston, al número de teléfono (713) 802-5070.

Nếu bạn cần một phiên dịch hoặc biên dịch do tiếng Anh không phải ngôn ngữ chính của bạn hoặc bạn gặp khó khăn khi giao tiếng hiệu quả bằng tiếng Anh, vui lòng liên hệ với Sue Theiss, Quận Houston theo số (713) 802- 5070.

由於英文並非您的主要語言或者您的英文不流利難以有效溝通，如果您需要口譯員或文件譯員，請撥打休士頓區 Sue Theiss 聯絡 (713) 802-5070. 1

Ikiwa unahitaji mkalimani au mtafsiri wa hati kwa sababu Kiingereza sio lugha yako ya msingi au una ugumu wa kuwasiliana vizuri kwa Kiingereza, tafadhali wasiliana na Sue Theiss, Wilaya ya Houston, (713) 802-5070.

Si w bezwen yon entèprèt oubyen yon tradiktè pou tradwi dokiman pou w poutèt angle pa lang ou itilize pi souvan an oswa ou gen difikilte pou kominike byen ann angle, souple kontakte Sue Theiss, distri Houston, nan (713) 802- 5070.

The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being, or have been, carried-out by TxDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 9, 2019, and executed by FHWA and TxDOT.

RECORD OF DECISION

North Houston Highway Improvement Project From US 59/I-69 at Spur 527 to I-45 at Beltway 8 North Harris County, Texas

CSJ: 0912-00-146

TEXAS DEPARTMENT OF TRANSPORTATION

February 2021

North Houston Highway Improvement Project Record of Decision ______Contents 1.0 Introduction ...... 3 2.0 Decision ...... 3 3.0 Purpose and Need ...... 7 4.0 Alternatives Considered ...... 7 5.0 Measures to Minimize Harm...... 15 6.0 Section 4(f) ...... 24 7.0 Summary of Comments on the Final EIS ...... 25 8.0 Conclusion ...... 26

Appendix A – Summary of Means to Avoid, Minimize, and Mitigate Effects

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

North Houston Highway Improvement Project Record of Decision ______1.0 Introduction

This document is the Texas Department of Transportation’s (TxDOT) Record of Decision (ROD) for the North Houston Highway Improvement Project (NHHIP) in Harris County, Texas. This ROD constitutes TxDOT’s approval of the Preferred Alternative described in the Final Environmental Impact Statement (EIS) dated August 2020 as the alternative selected for implementation.

The EIS process for the NHHIP began nearly ten years ago and was preceded by initial corridor planning studies. In 2017, TxDOT issued the Draft EIS and held two public hearings and a public meeting in conjunction with its release.

After release of the Draft EIS in 2017, TxDOT continued public engagement through community meetings and by posting updated technical reports for public comments. Feedback received during that public engagement period resulted in project design changes as well as new information on the project’s environmental concerns, impacts, and mitigation measures. In total, TxDOT has attended more than 300 stakeholder meetings with individuals, groups, or organizations over the course of the project’s development.

In August of 2020, TxDOT issued the Final EIS for the NHHIP. The Final EIS was posted on the NHHIP website (http://www.ih45northandmore.com) on September 25, 2020, and was available for review at the TxDOT Houston District Office beginning September 28, 2020. The Notice of Availability was published in the Federal Register on October 9, 2020. An amended notice extending the comment period from November 9, 2020 to December 9, 2020 was published in the Federal Register on October 30, 2020. TxDOT has included in the official documentation any communication postmarked by or received on December 18, 2020, which represents a 9‐day grace period.

This ROD identifies the Selected Alternative for the NHHIP, presents the basis for the decision, identifies the alternatives considered, specifies the environmentally preferable alternative and provides information on adopted means to avoid, minimize, and compensate for environmental impacts. It does not repeat all the information in the Final EIS, but instead incorporates it by reference. Although the ROD marks the end of the National Environmental Policy Act (NEPA) process, TxDOT is committed to continuing to meet with stakeholders and accepting public input as we proceed through future project development phases.

2.0 Decision

TxDOT has considered the alternatives, information, analyses, and input provided by federal, state, tribal, and local governments and public commenters for consideration by the lead and cooperating agencies in developing the EIS for this project. This ROD documents selection of the Preferred Alternative described in the Final EIS as the Selected Alternative for this project. In making this decision TxDOT is acting as the lead federal agency pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 9, 2019 and executed by Federal Highway Administration (FHWA) and TxDOT.

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The Selected Alternative for the NHHIP is designed to create additional roadway capacity to manage congestion, enhance safety, and improve mobility and operational efficiency on Interstate Highway 45 (I‐45) from U.S. Highway 59 (US 59)/I‐69 to Beltway 8 North, including improvements along US 59/I‐69 between I‐45 and Spur 527 in Harris County, Texas. The project includes three segments shown in Figure 1: Segment 1 is I‐45 from Beltway 8 North to north of I‐610 (North Loop); Segment 2 is I‐45 from north of I‐610 (North Loop) to I‐10 (including the interchange with I‐610); and Segment 3 is the Downtown Loop System (I‐45, US 59/I‐69, and I‐10). The NHHIP includes:

Segment 1: I‐45 from Beltway 8 North to north of I‐610 (North Loop)

The Selected Alternative would widen the existing I‐45 primarily on the west side of the roadway to accommodate four managed express (MaX) lanes. The proposed typical section would include eight to ten general purpose lanes (four to five lanes in each direction), four MaX lanes (two lanes in each direction), and four to six frontage road lanes (two to three lanes in each direction). Between Tidwell Road and I‐610, there would be 12 general purpose lanes (six in each direction) to accommodate ramps and connections to and from I‐610. The general purpose lanes and MaX lanes would be at‐grade except at major cross streets, where they would be elevated over the intersecting streets. Approximately 200 to 225 feet of new right‐of‐way (ROW) would be required for the roadway widening, mostly to the west of the existing I‐45. New ROW would also be required on the west side of I‐45 for proposed storm water detention areas. New ROW would be required to the east of the existing I‐45 ROW at intersections with major streets and between Crosstimbers Street and I‐610. Approximately 246 acres of new ROW would be required in Segment 1.

Segment 2: I‐45 from north of I‐610 (North Loop) to I‐10 (including the interchange with I‐610)

The Selected Alternative would widen the existing I‐45 to accommodate four MaX lanes. The proposed typical section would include ten general purpose lanes (five lanes in each direction), four MaX lanes (two lanes in each direction), and four to six frontage road lanes (two to three lanes in each direction). From north of Cottage Street to Norma Street, the general purpose lanes and the MaX lanes would be depressed, while the frontage road lanes would be at‐grade. The proposed I‐45 and I‐610 frontage roads would be continuous through the I‐45/I‐610 interchange. New ROW would be required from both the east and west sides of the existing I‐45. The new ROW would include proposed storm water detention areas on the east side of I‐45, south of Patton Street. Approximately 44 acres of new ROW would be required in Segment 2. The Selected Alternative provides a structural “cap” over a portion of the depressed lanes of I‐45 from north of Cottage Street to south of N. Main Street. Future use of the structural cap area for another purpose would require additional development and funding by entities other than TxDOT.

Segment 3: Downtown Loop System (I‐45, US 59/I‐69, and I‐10)

The Selected Alternative would reconstruct all the existing interchanges in the Downtown Loop System and reroute I‐45 to be parallel to I‐10 on the north side of Downtown and parallel to US 59/I‐69 on the east side of Downtown. Access to the west side of Downtown would be provided via “Downtown Connectors” that would consist of entrance and exit ramps for various Downtown streets. A section of the Downtown Connectors would be below‐grade (depressed) between approximately W. Dallas Street to

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Andrews Street. The existing elevated I‐45 roadway along the west and south sides of Downtown would be removed. The portion of I‐45 (Pierce Elevated) between Brazos Street and US 59/I‐69 could be left in place for future use and redevelopment by others; however, an alternative use for the structure is not proposed by TxDOT and is not evaluated in this Final EIS.

To improve safety and traffic flow in the north and east portions of Segment 3, portions of both I‐10 and US 59/I‐69 would be realigned (straightened) to eliminate the current roadway curvature. I‐45 and US 59/I‐69 would be depressed along a portion of the alignment east of Downtown. South of the George R. Brown Convention Center, the rerouted I‐45 would begin to elevate to tie to existing I‐45 southeast of Downtown, while US 59/I‐69 would remain depressed as it continues southwest toward Spur 527. US 59/I‐69 would be widened from 8 to 12 general purpose lanes between I‐45 and SH 288, and would be reconstructed to 10 general purpose lanes from State Highway (SH) 288 to Spur 527.

The four proposed I‐45 MaX lanes in Segments 1 and 2 would terminate/begin in Segment 3 at Milam Street/Travis Street, respectively. I‐10 express lanes (two lanes in each direction) would be located generally in the center of the general purpose lanes within the proposed parallel alignment of I‐10 and I‐45 on the north side of Downtown. The I‐10 express lanes would vary between being elevated and at‐ grade.

New ROW to the east of the existing US 59/I‐69 along the east side of Downtown would be required to accommodate the proposed realigned I‐45. A new continuous southbound access road would be provided adjacent to US 59/I‐69 and would tie to existing Hamilton Street on the south side of the Convention Center. The existing St. Emanuel Street would serve as a northbound access road. The project ROW would include areas to be developed as storm water detention. Approximately 160 acres of new ROW would be required, the majority of which would be for the I‐10 and US 59/I‐69 realignments (straightening) and to construct the proposed I‐45 lanes adjacent to US 59/I‐69 along the east side of Downtown.

The Selected Alternative provides a structural “cap” over the proposed depressed lanes of I‐45 and US 59/I‐69 from approximately Commerce Street to Lamar Street. There would also be a structural cap over the depressed lanes of US 59/I‐69 between approximately Main Street and Fannin Street, and in the area of the Caroline Street/Wheeler Street intersection. Future use of the structural cap areas for another purpose would require additional development and funding by entities other than TxDOT.

Schematics of the Preferred Alternative (now the Selected Alternative) were included in Appendix B of the Final EIS.

The Selected Alternative is chosen as the alternative to construct based on its ability to best accomplish the need for and purpose of the transportation improvements, while minimizing impacts to social, economic, and environmental resources. For further explanation of how the Selected Alternative was chosen, see the discussion in Section 4.0 below, “Alternatives Considered.”

North Houston Highway Improvement Project Record of Decision ______Figure 1 – Project Location and Segments

North Houston Highway Improvement Project Record of Decision ______3.0 Purpose and Need

As explained in Section 1 of the Final EIS, there is a need to relieve traffic congestion, update the highway to current design standards, improve storm water drainage, and improve the evacuation route. The purpose of the project is to implement an integrated system of transportation improvements that would:

 Manage I‐45 traffic congestion in the NHHIP area through added capacity, MaX lanes, options for single‐occupancy vehicle (SOV) lanes, and improved operations.  Improve mobility on I‐45 between US 59/I‐69 and Beltway 8 North by accommodating projected population growth and latent demand in the project area.  Provide expanded transit and carpool opportunities.  Bring I‐45, I‐10, and US 59/I‐69 up to current design standards to improve safety and operations.  Improve the capabilities of I‐45 as an emergency evacuation route.  Improve storm water drainage on I‐45.  Support the projected significant increase in travel on the regional highways in the Houston‐ Galveston area. The ultimate goal is to provide a facility with additional capacity for projected travel demand by incorporating transit opportunities, travel demand and management strategies, and flexible operations. Such a facility would help manage congestion, improve mobility, enhance safety, and provide travelers with options to reach their destinations. More information regarding the purpose and need for this project can be found in Section 1 of the Final EIS.

4.0 Alternatives Considered

Section 2 of the Final EIS provides a detailed explanation of the alternatives analysis for the NHHIP. As explained in Section 2, various alternatives have been considered, evaluated, and modified during the EIS process. This process resulted in the narrowing down of alternatives to the ones evaluated in the Final EIS. This section of the ROD does not repeat the entire detailed discussion of alternatives considered in Section 2, but rather provides a summary discussion.

As explained earlier, the project was divided into three analysis segments that reflect the distinct characteristics and functionality of specific segments of I‐45. The study segments, as shown in Figure 1, include:

. Segment 1: I‐45 from Beltway 8 North to north of I‐610 (North Loop) . Segment 2: I‐45 from north of I‐610 (North Loop) to I‐10 (including the interchange with I‐610) . Segment 3: Downtown Loop System (I‐45, US 59/I‐69, and I‐10).

Beginning in 2011, TxDOT began the process of developing and evaluating a full range of project alternatives.

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The initial group of project alternatives was called the “Universe of Alternatives,” and included the following (with Alternative 1 always being the no‐build scenario):

 Segment 1: Alternatives 1‐8  Segment 2: Alternatives 1‐15  Segment 3: Alternatives 1‐10

A summary description of the Universe Alternatives is included in Figures 2‐2, 2‐3, and 2‐4 of the Final EIS.

Through an initial screening evaluation, TxDOT narrowed the Universe of Alternatives down to the six alternatives for each segment that appeared to best meet the evaluation criteria, which were:

 Meets the need for the project, purpose of the project, and specific project goals: Yes or No  Meets current design criteria: Yes or No  Requires new ROW between Cavalcade Street and Quitman Street (not including at intersections): Yes or No  Provides traffic/mobility improvements: High/Medium/Low. Rating is based on travel demand modeling and considers how many drivers will use the highway if improved, how this compares among the alternatives, and how many hours drivers can expect to save traveling on the highway if improved. High is the best rating  Impacts community parks, cemeteries, historic properties currently listed on the National Register of Historic Places (NRHP), or recorded archeological sites (due to ROW acquisition): Yes or No

Section 2.3.1 of the Final EIS explains how the Universe of Alternatives was evaluated using these criteria, and how the alternatives were narrowed to seven “Preliminary Alternatives” for each segment (plus the no‐build alternative). The resulting Preliminary Alternatives included the following (with Alternative 1 always being the no‐build alternative):

 Segment 1: Alternatives 1, 3, 4, 5, 6, 7, 8  Segment 2: Alternatives 1, 3, 10, 11, 12, 14, 15  Segment 3: Alternatives 1, 3, 4, 5, 10, 11, 12

The results of the initial screening of the Universe of Alternatives was presented to agencies and the public in October 2012 at the second scoping meeting. The Preliminary Alternatives were modified, where possible, to avoid and/or minimize adverse impacts to existing development and community resources (e.g., parks and cemeteries), and to improve traffic flow or connectivity with other alternatives, among other changes. For example, during the evaluation process, three design options for Segment 1, Alternative 3 (which included widening of Hardy Toll Road) were developed. A summary description of the Preliminary Alternatives that were carried forward is included in Figures 2‐5, 2‐6, and 2‐7 of the Final EIS.

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A secondary screening evaluation was conducted to reduce the seven Preliminary Alternatives per segment to three Reasonable Alternatives per segment (plus the no build alternative) for further analysis. This secondary screening evaluation included the following criteria:

. Meets need for the project, purpose of the project, and specific project goals: Yes or No . Has potential to be a “Signature Project”: Yes or No ─ There is an opportunity to implement “signature” bridges to signify and distinguish various neighborhoods and districts within the study corridor, while improving the visual qualities of the project. . Engineering: Desirable/Undesirable/Neutral, based on qualitative assessment. ─ Constructability: Construction duration, contractor availability, construction risk, construction staging/sequencing complexity, permanent ROW acquisition, utility relocation, and long‐term geotechnical risk. ─ Functionality Requirements: Design life expectancy, design criteria limitations, opportunity for future expansion, and incident management (related to design factors). ─ Operations and Maintenance: Traffic and systems control, incident management operations), maintenance requirements, and incident recovery (recovery time). . Traffic: Desirable/Undesirable/Neutral, based on initial assessment of the potential for each alternative to improve traffic conditions in the project area. The evaluation criteria include: ─ Managed lane utilization – represents the utilization of managed lanes based on travel demand and capacity. If the added capacity is underutilized, then capacity exceeds demand. If the added capacity is over‐utilized, then demand exceeds capacity. ─ Travel demand along I‐45 – represents the level of travel demand on the I‐45 mainlanes and measures the collective distance that all drivers travel. When the number of vehicles on a roadway segment begins to reach capacity of that particular segment, congestion occurs and travel time increases. ─ Vehicle hours traveled along I‐45, the study area freeway system, and the Downtown street system, as applicable – represents the total amount of travel time in hours that motorists spend traveling in their vehicles. ─ Volume to capacity ratio along I‐45 – represents the level of congestion. Congested roadway segments are those where the volume‐to‐capacity ratio is equal or greater than 0.87. . Environmental: Where a numeric evaluation is listed for the factors below, it does not indicate an absolute measure of the project impact, but is a preliminary measure of potential impact, and was used for assessing differences among the alternatives. At this point in the alternatives evaluation process, the environmental analysis was based on available data, with limited field investigation. ─ Impacts to community parks or cemeteries (due to new ROW): Yes or No ─ Impacts to existing land uses (due to new ROW): Acres ─ Impacts to cultural resources (due to new ROW)

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 Properties listed on the NRHP: Number  Recorded Archeological Sites: Yes or No  Archeological High Probability Areas: Acres ─ Impacts to natural resources  Encroachment on the regulatory floodway and 100‐year floodplain, and existing storm water detention basins (due to new ROW): Acres  Threatened or endangered species habitat within proposed ROW: Yes or No  Wetlands within new ROW: Acres  Streams within new ROW: Linear feet ─ Traffic noise impacts: Total number of residential, charitable, religious, and cemetery parcels abutting the proposed or existing ROW ─ Socioeconomics. Note: the parcels (properties) noted below are based on Harris County Appraisal District records.  Residential: number of parcels within proposed ROW  Commercial: number of parcels within proposed ROW  Churches: number within proposed ROW  Schools: number within proposed ROW  Visual Impacts: Desirable/Undesirable/Neutral  Elevated to elevated = Neutral  Elevated to at‐grade = Desirable  At‐grade to elevated = Undesirable  Tunnel = Desirable  Widening o With new ROW = Undesirable o Without new ROW = Neutral  Impacts to Specific Community Facilities. Impacts to parcels with churches, schools, or parks (due to new ROW): Yes or No  Environmental Justice (EJ). New ROW is in an EJ area: Yes or No ─ Hazardous Materials Superfund Sites within one mile of project ROW: Number

Section 2.3.2 of the Final EIS explains how the Preliminary Alternatives were evaluated using these criteria, and how they were narrowed to three “Reasonable Alternatives” for each segment (plus the no‐build alternative). The resulting Reasonable Alternatives included:

 Segment 1: o Alternative 4 – Widen I‐45 Mostly to the West o Alternative 5 – Widen I‐45 Mostly to the East o Alternative 7 – Widen I‐45 on Both Sides

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 Segment 2: o Alternative 10 – Add Four MaX Lanes to I‐45 o Alternative 11 – Add Four Elevated MaX Lanes in the Center of I‐45 o Alternative 12 – Add Four MaX Lanes (Two Elevated) in the Center of I‐45  Segment 3: o Alternative 10 – Widen I‐45 to 10 Lanes o Alternative 11 – Realign I‐45 along I‐10 and US 59/I‐69 o Alternative 12 – Realign Northbound I‐45 along US 59/I‐69 and I‐10

The results of the secondary screening of the Preliminary Alternatives and the selected Reasonable Alternatives were presented in November 2013 at public and agency meetings.

As explained in Section 2.3.3 of the Final EIS, with input from public meetings, other comments received, and additional coordination with agencies, groups, the public, and other interested stakeholders, the Reasonable Alternatives underwent further development and additional evaluation. The Reasonable Alternatives were modified, where possible, to avoid and/or minimize adverse impacts to cultural, natural, social and economic resources, and hazardous materials.

A further evaluation of the Reasonable Alternatives was conducted to identify one “Proposed Recommended Alternative” per segment. This evaluation included the following criteria:

 Meets need for the project, purpose of the project, and specific project goals: Yes or No.  Has potential to be a “Signature Project”: Yes or No.  Engineering and Traffic: Desirable/Undesirable/Neutral. Based on assessments of the potential reduction in systemwide traffic delay, increase in systemwide travel speed, and improvements to freeway ramping and access.  Environmental. Where a numeric evaluation is listed for the factors below, it does not indicate an absolute measure of the project impact, but is a preliminary measure of potential impact, and was used for assessing differences among the alternatives. At this point in the alternatives evaluation process, the environmental analysis was based on available data, with some field investigation. ─ Impacts to cultural resources  Properties listed in or eligible for the NRHP: Number in Area of Potential Effect  Properties potentially eligible for the NRHP: Number in Area of Potential Effect  Potential for archeological deposits (mapped high‐probability areas): Yes or No ─ Impacts to natural resources  Floodplain fill: Low/Medium/High based on comparison of acres of floodplain in the new ROW of the segment alternatives  Potential storm water detention needs: Low/Medium/High  Threatened or endangered species (State‐listed) habitat within proposed ROW: Yes or No

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 Wetlands within new ROW: Acres  Streams within new ROW: Linear feet ─ Social and Economic Resources  Traffic noise impacts: Number of impacted representative receivers, based on preliminary traffic noise analysis  Residential displacements single‐family units: Number  Residential displacements multi‐family units: Number  Business displacements: Number  Religious/fraternal facility and center displacements: Number  Parks: Acres within new ROW  School displacements: Number  Impacts to Specific Community Facilities. Impacts to parcels 1 with parks, schools, or churches (due to new ROW): Yes or No  Visual Impacts: Desirable/Undesirable/Neutral  Elevated to elevated = Neutral  Elevated to at‐grade = Desirable  At‐grade to elevated = Undesirable  Widening o With new ROW = Undesirable o Without new ROW = Neutral  Environmental Justice. New ROW is in an EJ area: Yes or No ─ Hazardous Materials: Number  Regulatory database sites within project ROW  Regulatory database sites within project ROW considered moderate‐ or high‐risk sites  Former gas stations and dry cleaner sites within project ROW

Section 2.3.3 of the Final EIS explains how the three Reasonable Alternatives per segment were evaluated based on the above evaluation criteria in 2015.

The Proposed Recommended Alternative documented in the Draft EIS for each segment was:

. Segment 1: Alternative 4 ‐ Widen I‐45 Mostly to the West . Segment 2: Alternative 10 ‐ Add Four MaX Lanes to I‐45 . Segment 3: Alternative 11 ‐ Realign I‐45 along I‐10 and US 59/I‐69

The primary reasons for selection of these alternatives are summarized below. The evaluation and comparison of alternatives that led to these selections were based on a comparable level of design for each alternative.

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Segment 1, Alternative 4

. Alternative 4 would not have the negative visual impact of an elevated structure as proposed for Alternative 7 and would allow for improved access to/from the MaX lanes as compared to Alternative 7. Having the MaX lanes at the same level of the I‐45 general purpose lanes, as proposed for Alternatives 4 and 5, would provide more access points to the MaX lanes, which in turn would help accommodate traffic demand. . Alternatives 4, 5, and 7 are similar for many of the environmental evaluation factors. Some differences include: ─ Alternative 4 would have fewer overall residential and business displacements than Alternative 5. Alternative 4 would have more residential displacements and fewer business displacements than Alternative 7. All alternatives would require ROW in areas identified as identified as EJ areas. ─ Alternative 4 would have fewer religious/fraternal facility and center displacements than Alternatives 5 and 7, and fewer school displacements than Alternative 5. ─ Alternative 5 would impact more than twice as many properties with known and potential hazardous materials concerns than Alternatives 4 and 7. ─ Alternative 4 would avoid a large commercial center (Northline Mall), an Aldine Independent School District middle school, and the ExxonMobil North Terminal, all of which are located on the east side of I‐45. ─ Noise impacts could be greater for Alternative 4; mitigation measures may reduce noise impacts. . Public comments favored Alternative 4 as compared to the other alternatives. Segment 2, Alternative 10

. The Alternative 10 proposed MaX lanes would be at the same vertical elevation as the I‐45 general purpose lanes. Although the proposed number of general purpose and MaX lanes, and the configuration of proposed ramps and direct connectors would be similar for all three Segment 2 alternatives, the MaX lanes for Alternatives 11 and 12 would be on elevated structures throughout Segment 2. Having the MaX lanes at the same elevation as the I‐45 general purpose lanes would require less ROW than constructing MaX lanes on elevated structures. . Alternatives 10, 11, and 12 are similar for many of the environmental evaluation factors. The estimated number of residential displacements is almost the same for all alternatives. The number or business displacements would be slightly higher for Alternative 10. For all alternatives, no religious/fraternal facilities or centers, parks, or schools would be displaced. . Alternative 10 received favorable public support. Segment 3, Alternative 11

. Alternative 11 would have a beneficial visual impact by removing the Pierce Elevated and depressing the roadway lanes on the east side of Downtown, which would enhance community cohesion.

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. Alternatives 10, 11, and 12 are similar for many of the environmental evaluation factors. Some differences include: ─ Alternative 11 would provide the greatest improvement to mobility by increasing travel speeds around the Downtown Loop System by 20 to 25 mph. The increased travel speeds would be achieved by means of reconfiguring the Downtown Loop System, which would allow through traffic to bypass Downtown via the I‐10 express lanes and the I‐45 general purpose lanes on the east side of Downtown. Local traffic would have improved access to Downtown. ─ Alternative 11 would displace fewer single‐family residences than Alternatives 10 and 12. Alternatives 11 and 12 would displace approximately the same number of multi‐family units. ─ Alternative 11 would impact fewer parks and acquire less land from parks (for project ROW). . Alternative 11 received favorable public support and community consensus, as extensive outreach was conducted between November 2013 and April 2015 to refine the design to benefit surrounding communities.

With continuing public input and more detailed analysis, the schematic design for the Proposed Recommended Alternatives that were identified in 2015 was revised, resulting in identification of the need for additional ROW for these alternatives, particularly in the area of the interchanges, as documented in the Draft EIS. The refinement of the schematic design for the Proposed Recommended Alternatives after their selection in 2015, including the proposed realignment (straightening) of I‐10 and US 59/I‐69 to eliminate the current roadway curvatures to improve safety and traffic flow in the north and east portions of Segment 3, combined with a more detailed impact analysis than was performed in previous screenings of the alternatives, resulted in an increase in adverse impacts to community resources, including protected populations, compared to the alternatives for Segments 1, 2, and 3 in 2015. Between 2015 and 2017, TxDOT did not refine the schematic designs for the alternatives other than the Proposed Recommended Alternative for each segment. Refinement of the schematic design for other alternatives would have increased the adverse impacts of those alternatives, as it did for the Proposed Recommended Alternative for each segment.

Based on stakeholder input and engineering review after publication of the Draft EIS in 2017, design changes were developed for the Proposed Recommended Alternative in each of the project segments. Some of the design changes were made to avoid impacts to parks. Other design changes also included modifications to intersections, proposed storm water detention basins, ramp and direct connector refinements, a pedestrian‐bike trail connection, frontage road and surface street realignments, ramp modifications, realignment of the Downtown connectors, and managed lane connections to the Downtown area.

In the Final EIS, the revised alternatives for each project segment were identified as Preferred Alternatives, and when combined, they constituted the Preferred Alternative for the proposed NHHIP. The Preferred Alternative was selected because it best implements an integrated system of transportation improvements that would provide a facility with additional capacity in the I‐45/Hardy Toll Road corridor for projected travel demand by incorporating transit opportunities, travel demand and management strategies, and flexible operations, while minimizing and mitigating adverse impacts. Such a facility would

North Houston Highway Improvement Project Record of Decision ______help manage congestion, improve mobility, enhance safety, and provide travelers with options to reach their destinations.

The No Build Alternative represents the proposed NHHIP not being constructed. No roadway improvements would be constructed to provide additional capacity to reduce congestion and improve mobility, and the current design deficiencies, including drainage issues in some areas, would not be corrected. Although the No Build Alternative does not meet the need and purpose, this alternative was carried forward through the environmental impact analysis as a basis for assessing the impacts of no action. The Final EIS includes analysis of the potential impacts of the No Build Alternative.

Having considered the totality of the environmental review record, the mitigation measures as required herein, the public and agency comments on this record, and the written responses to these comments, TxDOT determined that the NHHIP Preferred Alternative in the Final EIS, now the Selected Alternative in the ROD, is also the Environmentally Preferable Alternative. The Selected Alternative represents the best option for the NHHIP. TxDOT has found that all practicable measures to minimize environmental harm have been incorporated into the design of Selected Alternative. TxDOT will ensure that the commitments outlined herein will be implemented as part of the design, pre‐construction, construction, and post‐ construction monitoring phases.

5.0 Measures to Minimize Harm

TxDOT has included measures to avoid and/or minimize harm in the Selected Alternative. Means to avoid, minimize, and mitigate effects from the Preferred Alternative were presented in the Final EIS and have been updated in response to comments received on the Final EIS and progress made since the completion of the Final EIS, and are listed in Appendix A of this ROD. Appendix A is a summary of the means to avoid, minimize, and mitigate effects; additional information is included in the Final EIS.

All practicable measures to avoid or minimize environmental harm have been incorporated into the project. TxDOT’s approach to avoid and minimize adverse effects of constructing the Selected Alternative includes the following efforts during the preparation of the EIS and development of the project:

 Identifying and advancing reasonable project alternatives for consideration that will result in the least overall environmental effects.  Considering all feasible and prudent alternatives to the use of properties protected under Section 4(f).  Conducting extensive public and stakeholder involvement.  Developing commitments and mitigation measures designed to avoid, minimize, or mitigate impacts to the extent possible and that reflect input and concerns of the public and stakeholders.

The Final EIS identifies measures to avoid, reduce, and minimize environmental impacts of the Selected Alternative. Identification of mitigation measures in the Final EIS and in this ROD represents a commitment by TxDOT to implement the measures. Consequently, TxDOT is responsible for monitoring

North Houston Highway Improvement Project Record of Decision ______and enforcing mitigation measures. Throughout the final design phase of the project, TxDOT will continue to monitor design changes/refinements and will determine if project impacts would change and if changes to mitigation commitments are warranted. In addition, TxDOT will assure compliance of all related commitments and regulatory permit conditions made or obtained for the Selected Alternative. TxDOT contracts will include, as appropriate, provisions for compliance with all applicable commitments and regulatory permit conditions made or obtained for the Selected Alternative. Specific mitigation measures and commitments are presented in Appendix A of this ROD and will be implemented as part of project development, including the final design, right‐of‐way acquisition, construction, operation, and maintenance phases of the Selected Alternative, as appropriate.

As mentioned, there has been progress on various mitigation items since the completion of the Final EIS. These updates are provided below as a supplement to the mitigation measures and commitments that are listed in Appendix A of this ROD.

Community Resources

Measures to minimize impacts to communities adjacent to the Selected Alternative are listed and shown under other headings in this section. The commitments and mitigation measures discussed under Affordable Housing, Pedestrian and Bicycle Paths, Displacements and Relocations, Transportation Facilities, Air Quality, Traffic and Construction Noise, Floodplains, Historic Resources, Visual and Aesthetic Qualities, and Section 4(f) Resources incorporate and relate to issues that are inclusive of measures to minimize effects to community resources.

Regarding TxDOT’s response to environmental justice issues and effects to the communities, TxDOT has made a number of commitments to mitigate the adverse effects of the project on minority and low‐ income populations related to relocation of residences and facilities, affordable housing, local access, pedestrian safety, traffic noise, air quality, and homelessness. In some of these areas, there would be improvements over the existing conditions such as new facilities for the residents of Clayton Homes and Kelly Village, restoring local access in the area around the I‐45/Loop 610 interchange, providing the opportunity for noise barriers, improving storm water drainage, and improving safety (e.g., improved pedestrian and bicycle accommodations) on cross‐streets in environmental justice neighborhoods. These measures are discussed under other headings in this section and incorporate the mitigation measures and commitments for impacts in Appendix A of this ROD and further discussed in the Community Impacts Assessment Technical Report (Appendix F to the Final EIS).

Affordable Housing

TxDOT is committing $27 million to support affordable housing initiatives in the neighborhoods most affected by the project in addition to the individual acquisition and relocation compensation provided to homeowners, renters and businesses that would be displaced. This commitment will provide financial assistance to support specific affordable housing initiatives. The eligible initiatives include construction of affordable single‐family or multi‐family housing, and support of programs that provide assistance and outreach related to affordable housing. Priority neighborhoods that would receive this assistance include Independence Heights, Near Northside, Greater Fifth Ward, and the Greater Third Ward. TxDOT is in

North Houston Highway Improvement Project Record of Decision ______discussions with a non‐profit affordable housing organization—the Texas State Affordable Housing Corporation (TSAHC)—to serve as the administrator for disbursement of the funds. TxDOT has begun discussions with the TSAHC regarding its potential role in implementing this initiative. It is important to note that this $27 million affordable housing commitment is separate and apart from, and is above and beyond the funding for the acquisition, relocation and enhanced relocation services for the directly impacted residential properties. Please refer to the section below labeled “Displacements and Relocations” for additional information regarding enhanced relocation services.

Pedestrian and Bicycle Paths

TxDOT has collaborated with the City of Houston on 44 cross streets that will either go over or under the highways around Downtown in Segment 3. The coordination effort resulted in design elements that improve safety for the pedestrian, cyclist and vehicle driver. The improvements were tailored specifically to each cross street. TxDOT will engage in the same collaborative effort to identify pedestrian and bike facility improvements to the cross streets in Segments 1 and 2 as the design of the project proceeds on those sections.

The Selected Alternative will provide continuity of sidewalks and shared‐use lanes along the frontage roads by adding sidewalks and pathways in areas as needed. All intersections will be designed in compliance with the Americans with Disabilities Act (ADA) per federal requirements. TxDOT will coordinate with the City of Houston, Independent School Districts, and Metropolitan Transit Authority of Harris County (METRO) during project design to minimize the temporary and permanent impacts to existing bicycle and pedestrian facilities. Additionally, TxDOT will accommodate or replace existing trails that are impacted by the proposed project, as well as allow for planned future trails as shown on the City of Houston Bike Plan. In the instance of any modifications to existing or proposed hike and bike facilities, TxDOT will coordinate with the City of Houston, Houston Parks Board, and other agencies or organizations to have the same level connectivity as the existing and planned future facilities provide.

TxDOT is providing improved pedestrian‐bike accommodations on cross‐streets and on frontage roads (subject to availability of right‐of‐way). Although the December 2019 schematic design shows shared vehicle/bike use lanes along some frontage roads, during detailed design following the ROD, TxDOT will evaluate the placement of a bike lane behind a protective curb and not in the lane shared with a motor vehicle. The pedestrian‐bike realm was developed in collaboration with the City of Houston’s Public Works and Planning Departments and is aligned with City of Houston’s Bike Plan.

Displacements and Relocations

TxDOT’s acquisition and relocation assistance program will provide assistance to residents and businesses that are required to relocate. The relocation assistance program is conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. Relocation resources are available without discrimination to all residents and businesses required to relocate as a result of implementation of the proposed project. No person would be displaced by the proposed project until adequate replacement housing has already been provided or is in place. Replacement housing would be fair housing and would be offered to all displaced persons regardless of race, color, religion, sex, or

North Houston Highway Improvement Project Record of Decision ______national origin. All replacement housing would be decent, safe, and sanitary, without causing undue financial hardship.

Residents who are displaced as a result of right‐of‐way acquisition for the Selected Alternative will receive financial assistance to relocate. This financial assistance applies to tenants as well as owners occupying the property. Homeowners will receive a fair market value offer for their property. Additionally, TxDOT’s relocation assistance program will supplement and assist with additional costs associated with purchasing a replacement home to the extent that replacement home values exceed the final compensation paid to the homeowner. Available relocation assistance also includes reimbursement of moving costs and certain related expenses incurred in moving.

Each displaced person will be given sufficient time to plan for an orderly, timely and efficient move. TxDOT’s goal for notification to displacees is to notify them at least 180 days before they need to move. Earlier acquisition to accommodate hardships or other needs will be considered. Otherwise, contact with property owners will be phased based on acquiring needed right‐of‐way and adjusting utilities to meet the construction schedule. No person lawfully occupying real property will be required to move from that site without at least a 90‐day written notice.

In addition to fair market value for the property, qualifying owners will receive a purchase supplemental as well as assistance with incidental costs necessary to purchase a comparable decent, safe, and sanitary replacement dwelling. The purchase supplemental includes the amount that a comparable replacement dwelling exceeds the acquisition cost of the displacement dwelling and certain loan‐related fees and costs. Supplemental assistance provides the opportunity for displaced residents to relocate to a comparable residence in the same neighborhood even though the cost of the replacement home might be more than the acquisition cost of the displacement dwelling.

For tenants, a rental assistance supplement will be available to assist when renting a decent, safe and sanitary replacement dwelling. TxDOT will determine the maximum payment available in accordance with established procedures.

Owner‐occupants of less than 90 days and tenants may be eligible for down‐payment assistance and related incidental expenses, not to exceed the amount of the approved rental assistance supplement. Incidental expenses for replacement housing include the reasonable costs of loan applications, recording fees and certain other closing costs.

Displaced residents will be offered relocation assistance in the form of individual advisory services for the purpose of locating a suitable replacement property. These services will be provided by qualified personnel employed by, or contracted with, TxDOT. In providing these services, TxDOT will consider language needs, mobility restrictions and other special provisions that might be needed to communicate these services to the displacee. These services are intended to guide the affected residents through the process and facilitate the transition into the new residence.

Individual advisory services will:

North Houston Highway Improvement Project Record of Decision ______

 Determine needs and preferences of displacees  Explain relocation benefits  Offer transportation if necessary  Assure the availability of a comparable residential property in advance of displacement  Provide current listing of comparable properties  Provide the amount of the replacement housing payment in writing  Inspect residential dwellings for decent, safe and sanitary acceptability  Supply information on other federal and state programs offering assistance  Provide counseling to minimize hardships

Group/Program informational workshops will supplement the individual advisory services and will include:

 Explaining the acquisition process  Explaining the relocation process  Explaining the appraisal process  Title Information and review of documents  Property tax and exemption impacts  Moving and move planning  First Time Homebuyer seminars  Escrow process and title clearing  How to get social services and benefits  How to select a real estate agent  How to check your credit and improve your score  Household budgeting  Household maintenance

TxDOT has used advance acquisition (i.e., acquisition prior to the ROD) and will continue to pursue acquisition of some right‐of‐way parcels earlier than when it is needed for construction to minimize adverse effects to public/low‐income housing providers, providers of homeless and welfare services, churches, certain businesses, and residents with special hardships. The benefit of the advanced or earlier‐ than‐needed acquisition is to allow additional time for displaced entities and individuals to prepare, search for, construct if necessary, and move to a new location in advance of the project construction. TxDOT’s commitments to advanced or earlier‐than‐needed acquisitions are shown in Appendix A of this ROD with some of the more notable acquisitions discussed below.

TxDOT and the Houston Housing Authority (HHA) have agreed that the 296‐unit Clayton Homes Apartment complex would be purchased earlier‐than‐needed (executed agreement Aug. 29, 2019) so that HHA is provided time to search for and develop a new property. HHA’s goal is to have replacement units available for the residents so that each resident will only have to relocate once. TxDOT committed in the agreement to compensate for relocating all 296 units even though 112 of the units have been

North Houston Highway Improvement Project Record of Decision ______uninhabitable since 2016 due to flooding from Hurricane Harvey. TxDOT and HHA agree that 80 percent of the units will be reestablished within a two‐mile radius of the current facility.

The 270‐unit Kelly Village Apartment complex is an 81‐year‐old facility also owned and operated by HHA. The Selected Alternative will affect six buildings (50 units) with the widening associated with the NHHIP as discussed in the Final EIS. In negotiations, HHA requested that TxDOT take an additional four buildings (28 units) for the purpose of creating more green space at the apartment complex. No additional right‐of‐ way is needed by TxDOT than that described in the Final EIS and affecting the above described six buildings (50 units). Negotiations between TxDOT and HHA are ongoing. The expected outcome for Kelly Village is an agreement similar to the one completed for Clayton Homes: ensuring that displaced residents are provided with multiple relocation options, including choices near the existing facility resulting in minimal disruptions.

The Temenos Place Apartments II is managed by a nonprofit organization (Temenos Community Development Corporation) and offers affordable housing for low‐income individuals, homeless individuals, and persons with disabilities. TxDOT has executed an agreement with the Temenos Place Apartments II management to replace the 80 residential units affected by the project within a one‐mile radius of the existing Temenos II facility (executed agreement May 12, 2020). During the relocation process, the residents will be able to remain in the existing facility so that services can continue uninterrupted.

TxDOT will continue working with the Greater Mount Olive Missionary Baptist Church (Independence Heights) for earlier‐than‐needed acquisition so that the church is provided time to search for and develop a new property in close vicinity of its current location. Additionally, TxDOT has also committed to dedicate land for a pocket park and marker at the current site of the Greater Mount Olive Missionary Baptist Church. Similarly, TxDOT has also committed to work with the Goodwill Missionary Baptist Church (Fifth Ward) for earlier‐than‐needed acquisition so that the church is provided time to search for and develop a new property in close vicinity of its current location.

TxDOT is coordinating early with other facilities important to the community so that these facilities have time to search for a new location, plan for the move and continue operations uninterrupted. These facilities include Midtown Terrace Suites (provides transitional and long‐term housing and support services for veterans), Loaves and Fishes Magnificat House Ministries, Fatima House (provides social services and religious ministry services), and SEARCH Homeless Services.

Regarding homeless camps and homeless individuals in the right‐of‐way, TxDOT will coordinate with the City of Houston and homeless services providers to develop a plan to assist in the relocation of the homeless prior to construction.

The mitigation measures mentioned above and additional commitments related to displacements and relocations are included in Appendix A of this ROD and further discussed in the Community Impacts Assessment Technical Report (Appendix F of the Final EIS).

North Houston Highway Improvement Project Record of Decision ______

Transportation Facilities

TxDOT will continue to coordinate with the City of Houston and METRO during project design to minimize the temporary and permanent impacts to transportation, pedestrian, and bicycle facilities to provide an acceptable level of connectivity. Sidewalks, shared‐use paths, and ADA compliance requirements have been addressed during the design process. TxDOT will work to ensure construction does not cause bus routes to be discontinued and will give METRO notice of construction so they can establish new stops near the displaced stops. Detailed commitments related to transportation, City of Houston and METRO are described in Appendix A of this ROD.

During construction, TxDOT will provide safe and efficient connections to and around neighborhoods for all modes of transportation, including bicycles and pedestrians. Advanced notice of temporary road closures and traffic detours will be provided. TxDOT will maintain access to properties during construction.

Air Quality

During construction, TxDOT will use fugitive dust control measures contained in TxDOT standard specifications, as appropriate. TxDOT will also encourage construction contractors to use Texas Emissions Reduction Plan (TERP) and other local and federal incentive programs to the fullest extent possible to minimize diesel emissions.

To mitigate for potential short‐term construction dust impacts, TxDOT will provide funding for weatherization and energy efficiency for qualifying low‐income single‐family residences. The program will include a weatherization assessment and the opportunity for energy efficiency improvements (e.g., caulking, insulation, storm windows, and storm doors).

TxDOT will develop and fund an air monitoring program to operate for a minimum period of five years during construction; the monitoring will consist of one location in Segment 2 and one location in Segment

3. Monitoring will include nitrogen dioxide (NO2), carbon monoxide (CO), particulate matter (PM2.5), ozone, and nine priority mobile source air toxics (MSAT) except PM2.5 will be used as a surrogate for diesel particulate. A public facing website will disclose the monitoring data compared to National Ambient Air Quality Standards (NAAQS) limits and U.S. Environmental Protection Agency (EPA) and/or Texas Commission on Environmental Quality (TCEQ) air toxics health risk thresholds. The website will have an early warning alert system using the EPA and TCEQ Air Quality Index triggers.

Traffic and Construction Noise

Noise barriers are proposed as abatement measures for predicted traffic noise impacts, where reasonable and feasible. In all, 76 noise barriers are proposed for the Selected Alternative: 7 barriers in Segment 1, 12 barriers in Segment 2, and 57 barriers in Segment 3. The final decision to construct proposed noise barriers will not be made until completion of the final design on each segment, utility evaluation, and polling of adjacent property owners. For more information on noise mitigation and proposed noise barriers, see Section 3.6 of the Final EIS and the Traffic Noise Technical Report in Appendix I of the Final EIS.

North Houston Highway Improvement Project Record of Decision ______

TxDOT will include provisions in the construction 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.

To mitigate for potential short‐term construction noise impacts, TxDOT will provide funding for weatherization and energy efficiency for qualifying low‐income single‐family residences. The program will include a weatherization assessment and the opportunity for energy efficiency improvements (e.g., caulking, insulation, storm windows, and storm doors).

Water Resources and Wetlands

TxDOT will implement storm water control best management practices to minimize adverse effects to downstream water resources and wetlands. Additional information on water quality management and compliance with applicable permitting requirements is indicated in Appendix A of this ROD and further discussed in Section 7.8 and Section 7.10 of the Final EIS.

Floodplains and Flooding

TxDOT has performed a preliminary drainage study for the Selected Alternative and more detailed drainage studies for Segments 2 and 3. Detailed drainage studies for Segment 1 have yet to be completed. The drainage studies will be used to determine the appropriate locations and sizes of storm water detention basins, bridges, culverts, and other drainage structures that will be required to mitigate risks incurred by construction of the proposed project. Bridges, culverts, and cross‐drainage structures will be designed to FHWA and TxDOT standards for design events up to the 100‐year storm event. The drainage design will be required to demonstrate that the project will not adversely impact existing floodplain conditions within the vicinity of the project for extreme events (i.e., storm events in excess of a 100‐year storm event). Best management practices (BMPs), such as the construction of storm water detention facilities, would be incorporated into the final design of the proposed project to offset increased flows from areas of impervious surface. Construction of the proposed project would comply with Harris County, City of Houston and Harris County Flood Control District floodplain guidelines and policies.

The detailed drainage studies take into consideration the new National Oceanic and Atmospheric Administration (NOAA) Atlas 14 rainfall data and the most recent three major flood events in Houston: Memorial Day (2015), Tax Day (2016), and Hurricane Harvey (2017). The highways within this project will be designed to be passable in a rain event similar to these three recent major storms. Section 3.8 in the Final EIS provides additional detail on flooding and floodplain mitigation.

The Selected Alternative will collect, convey and detain, where necessary, the storm water runoff not only from the highways but also from adjacent properties that are currently draining to the highways. This new infrastructure will help address many drainage issues in the vicinity of the project. In particular, the Independence Heights neighborhood will see benefits from implementation of the Selected Alternative. The drainage improvements would result in between a 2‐foot and 5‐foot reduction in the 500‐year water surface elevations along Little White Oak Bayou, a portion of which runs through Independence Heights. This reduction in flood levels would benefit approximately 760 structures along Little White Oak Bayou,

North Houston Highway Improvement Project Record of Decision ______with the largest concentration of benefited structures being immediately upstream and downstream of the I‐45 and I‐610 interchange.

Vegetation, Wildlife, and Threatened and Endangered Species

TxDOT will avoid and minimize vegetation removal and stream channel disturbance, and utilize native species for revegetation, to the extent practicable. Additional measures and commitments related to Vegetation, Wildlife, and Threatened and Endangered Species are listed in Appendix A and further discussed in Section 7.11 and Section 7.12 of the Final EIS.

Historic Resources

TxDOT has executed a project‐level Programmatic Agreement for historic properties with the Texas State Historic Preservation Office and the Advisory Council on Historic Preservation (see Appendix R of the Final EIS). The Programmatic Agreement for historic properties sets procedures and practices in place designed to mitigate for known adverse effects such as demolition and buffers for other historic properties in the area of potential effect and adjacent to the area of potential effect from unanticipated additional adverse effects. The Programmatic Agreement for historic properties includes the design prescriptives (i.e., restrictions and special commitments) and mitigation commitments. The mitigation measures related to historic resources are listed in Appendix A of this ROD and further discussed in Section 7.15 of the Final EIS.

In addition to the measures described above, TxDOT will perform a historic resource inventory of the Independence Heights neighborhood for the purpose of identifying historic resources suitable for further documentation and preservation. This effort is intended to support the neighborhood’s desire to maintain their historic identity and culture and contribute to Independence Heights’ larger neighborhood planning efforts.

Archeological Resources

TxDOT will include provisions in the construction plans and specifications requiring that, in the event that unanticipated archeological resources are encountered during construction, the contractor shall cease work in the immediate area, and TxDOT archeological staff shall be contacted immediately to initiate post‐ review discovery procedures.

Soils

Soil erosion will be minimized during construction with implementation of management of soils and dust in compliance with applicable federal and state guidelines and in conformance with specific requirements of project permits.

Hazardous Materials

Special provisions or contingency language will be included in the construction plans and specifications of the Selected Alternative to handle hazardous materials and/or petroleum contamination according to

North Houston Highway Improvement Project Record of Decision ______applicable state, federal, and local regulations per TxDOT Standard Specifications. Additional measures and commitments related to hazardous materials are listed in Appendix A and further discussed in Section 7.16 of the Final EIS.

Visual and Aesthetic Qualities

To the extent possible, the project will be designed to create an aesthetically and visually pleasing experience for both roadway users and roadway viewers. TxDOT has made a number of commitments related to landscaping, aesthetic treatments and open space that involve coordination with the City of Houston, Houston Parks Board, and local neighborhoods. These commitments are listed in Appendix A of this ROD and further discussed in Section 7.17 of the Final EIS.

Additionally, TxDOT is proposing aesthetic walls to provide aesthetic mitigation as well as noise mitigation in environmental justice areas. The aesthetic walls would be above and beyond usual noise mitigation to accommodate traffic noise issues in areas that would have a noise impact but did not meet the noise mitigation requirements. The wall could also serve as a visual screen. These walls are proposed where they would be effective for noise mitigation (reduce traffic noise levels by at least 3 dB(A)) in locations in the TxDOT right‐of‐way where they would not restrict access to the property, not impede drainage, and otherwise be constructible. Adjacent landowners would have the final decision on whether the wall would be constructed.

6.0 Section 4(f)

Section 4(f) of the Department of Transportation Act of 1966 prohibits the Secretary of Transportation from approving any program or project that requires the “use” of 1) any publicly owned land from a public park, recreation area, or wildlife and waterfowl refuge of national, state, or local significance as determined by federal, state, or local officials having jurisdiction thereof, or 2) any land from an historic site of national, state, or local significance as so determined by such officials unless there is no feasible and prudent alternative to the use of such land and the project includes all possible planning to minimize harm to the resource. After field investigations and analysis, TxDOT found that the Selected Alternative would not impair the activities, features, or attributes of any public parks but would affect historic properties. Therefore, a Section 4(f) Evaluation was prepared for the NHHIP.

TxDOT coordinated with the Texas State Historic Preservation Office (SHPO) as part of the Section 106 process and as the Official with Jurisdiction for historic sites under Section 4(f). The Texas SHPO concurred with TxDOT’s determination that the project would have an adverse effect to the following properties and that there were no feasible and prudent avoidance alternatives to these properties.

 Houston Warehouse Historic District  Carlisle Plastics North Warehouse  Readers Distributors Warehouse  Cheek‐Neal Coffee Company Building and associated property parcel 2  Rossonian Cleaners

North Houston Highway Improvement Project Record of Decision ______

The Texas SHPO had no comments on TxDOT’s determination that the project would have de minimis impacts to six other historic properties:

 Near Northside Historic District  Residential property at 109 Carl Street  San Jacinto Warehouse  Walter’s Downtown (former Bottling Works)  METRO Warehouse  Former Downtown Post Office, Processing and Distribution Center

The project includes all possible planning to minimize harm to the Section 4(f) properties. The Individual Section 4(f) Evaluation is included in the Final EIS (Appendix O).

TxDOT developed a Programmatic Agreement that identifies historic properties adversely affected by the NHHIP, stipulates TxDOT’s mitigation commitments, and specifies procedures and processes to be implemented during the design‐build process to avoid and minimize harm to historic properties. TxDOT consulted with the Advisory Council for Historic Preservation, Texas SHPO, and other consulting parties in the development and execution of the Programmatic Agreement, signed on July 7, 2020, and included in the Final EIS (Appendix R).

7.0 Summary of Comments on the Final EIS

The Council on Environmental Quality (CEQ), which is the federal agency that implements NEPA, has explained that an agency is not required to treat the waiting period between a Final EIS and a ROD as a comment period, but that an agency may solicit comments on the Final EIS if it so chooses. CEQ’s Response to Comments on its Final Rule Modernizing its NEPA Implementing Regulations at page 415. https://www.whitehouse.gov/ceq/nepa‐modernization/. For the NHHIP Final EIS, although there were multiple opportunities for public input on the project spanning several years leading up to the Final EIS. TxDOT chose to offer another public comment period and so solicited public comments on the Final EIS.

The comment period for the Final EIS began on October 9, 2020 and was extended through December 9, 2020 per the public’s request for a time extension. Comments received or postmarked through December 18, 2020 were also considered. Issues commonly raised in the comments on the Final EIS include the following:

 Displacements and Housing  Air Quality  Bicycle and Pedestrian Facilities  Drainage and Floodplains/Flooding  Indirect and Cumulative Impacts  Mitigation  Mobility and Traffic  Noise  Neighborhood Impacts

North Houston Highway Improvement Project Record of Decision ______Appendix A – Summary of Means to Avoid, Minimize, and Mitigate Effects Appendix A – Summary of Means to Avoid, Minimize, and Mitigate Effects

Timing/phase of Impacts/Action Mitigation and Commitments construction

Affordable Housing

TxDOT is committing $27 million to support affordable housing initiatives in the neighborhoods most affected by the project in addition to the individual acquisition and relocation compensation provided to homeowners, renters and businesses that would be displaced. This commitment will provide financial assistance to support specific affordable housing initiatives. The eligible initiatives include Residential displacements construction of affordable single-family or multi-family (residents in low-income housing, and support of programs that provide assistance During property acquisition areas) and outreach related to affordable housing. This $27 million affordable housing commitment is separate and apart from, and is above and beyond the funding for the acquisition, relocation and enhanced relocation services for the directly impacted residential properties. Please refer to section below labelled “Displacement and Relocations” for additional information about the enhanced relocation services.

Pedestrian and Bicycle Paths

Temporary impacts to Ensure safe pedestrian and bicycle routes to schools are Final design/during pedestrian and bicycle provided during construction. construction access to schools Coordinate with the City of Houston to accommodate space Accommodate future bike Final design/during for future bike trails as shown on the City of Houston Bike trails construction Plan. Improve pedestrian access from Independence Heights Include a sidewalk within the right-of-way on the south side Final design/during neighborhood to Roosevelt of Stokes Street to accommodate a trail connection. construction Elementary School Accommodate or replace existing trails and allow for planned future trails. Final design/ Temporary trail closures and pre-construction/during detours during construction Coordinate with the City of Houston to provide advanced construction notice of temporary trail closures and detours during construction.

Modify alignment of existing pedestrian/bicycle trail along Relocate portion of the the west side of I-45 south of Link Road to provide a Final design/during proposed hike and bike trail connection to the proposed sidewalk/trail adjacent to the construction along Little White Bayou southbound I-45 frontage road.

TxDOT will propose an opening conducive to bicycle/pedestrian crossings at Little White Oak Bayou under I‐45 just north of Patton St. TxDOT will propose an opening Accommodate future trails conducive to bicycle/pedestrian crossings at Little White Oak Final design/during along Little White Oak Bayou under I‐610. The size of the openings will be construction Bayou coordinated with Harris County Flood Control District (HCFCD), taking into account upstream and downstream impacts. TxDOT will continue to work with HCFCD on these elements during detailed design. Provide improved pedestrian-bicycle accommodations on the Removal of the North Street North Main Street bridge for travel between Near Northside Final design/during bridge across I-45 and Greater Heights. Sidewalks would be added along the construction I-45 frontage roads.

1 Appendix A – Summary of Means to Avoid, Minimize, and Mitigate Effects

Timing/phase of Impacts/Action Mitigation and Commitments construction

Maintain communication with Near Northside neighborhood and Travis Elementary School regarding schedule for demolition of North Street bridge.

Ensure safe pedestrian-bicycle facilities are provided at North Main Street during construction. Improve greenspace along Little White Oak Bayou with Provide an opening at Little White Oak Bayou under I-45 Final design/during connecting trails to north of Quitman Street for a trail to connect Woodland Park construction Woodland Park and Moody and Moody Park. Park Aesthetic improvements Provide aesthetic improvements along Heights Bike Trail Final design/during along bicycle and between Taylor Street and Main Street. Coordinate with City construction pedestrian pathways of Houston to determine improvements. Reroute dedicated bike lanes on Polk Street to follow the Connect the Polk Street bike proposed Hamilton Street and connect to the Columbia Tap Final design/during trail to the Columbia Tap Rail‐Trail via Walker Street. Reserve 20-foot wide footprint construction Rail-Trail for rerouted Polk Street bike lane. Depress the Downtown connectors on the west side of Downtown from West Dallas Street to south of Andrews Improve bike/pedestrian Street. Final design/during access between Fourth construction Ward and Downtown Add at-grade crossings over the proposed depressed direct connectors at Andrews Street for bike/pedestrian access from the Fourth Ward to Downtown. Build the pedestrian-bike With confirmation with the City of Houston, build all or Final design/during realm on streets that cross varying combination of a buffer space, bike path and construction the freeways of the NHHIP. sidewalk on all streets that cross the freeways of the NHHIP.

Displacements and Relocations

Provide language translation services for displaced All Displacements individuals, families, businesses, and nonprofit During property acquisition organizations. Relocation Assistance - Assign relocation assistance counselor that will 1) determine need for assistance and 2) provide current listings of other available replacement housing. All Displacements - Provide counseling to get assistance from other During property acquisition available sources to minimize hardships in adjusting to new location. - Provide information concerning other federal, state and local housing programs offering assistance. Compensation Owner-occupants of less than 90 days and tenants may be eligible for down-payment assistance and related incidental Owner occupants and expenses, not to exceed the amount of the approved rental During property acquisition tenants of less than 90 days assistance supplement. Incidental expenses for replacement housing include the reasonable costs of loan applications, recording fees and certain other closing costs. All owner occupant Notification displacements (residences, Provide property owners with notification of TxDOT’s intent to businesses, schools, places acquire an interest in their property, including a written offer During property acquisition of worship and other letter of just compensation specifically describing those nonprofit facilities) property interests.

2 Appendix A – Summary of Means to Avoid, Minimize, and Mitigate Effects

Timing/phase of Impacts/Action Mitigation and Commitments construction - To the greatest extent possible, property owners have a minimum of 90 days from date of written notice before TxDOT will acquire property Notification Provide tenant occupants with relocation notification All tenant occupant package. Assign relocation assistance counselor. Provide a displacements (residences, relocation booklet explaining tenant entitlements under the businesses, schools, places During property acquisition relocation assistance program. of worship and other - To the greatest extent possible, tenants have a nonprofit facilities) minimum of 90 days from date of written notice before TxDOT will acquire property. Residential displacements- Relocation Assistance owner and tenant Ensure residents will not be required to move unless at least During property acquisition occupants one comparable replacement dwelling is available. Compensation Compensate any person(s) whose property needs to be acquired, in accordance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended; 49 CFR Part 24, Subparts C through F; Title VIII of the Civil Rights Act of 1968 (Federal Fair Housing Act); Housing and Urban Development (HUD) Amendment Act of 1974, and Residential displacements- TxDOT policies and procedures. During property acquisition owner occupants - Provide reimbursement of moving costs and certain related expenses incurred in moving. - Provide just compensation for property. - Provide Replacement Housing Payments as Purchase Supplements or Down Payment Assistance to purchase comparable decent, safe, and sanitary replacement dwelling. Compensation Compensate any person(s) whose property needs to be acquired, in accordance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended; 49 CFR Part 24, Subparts C through F; Title VIII of the Civil Rights Act of 1968 (Federal Fair Housing Act); Housing and Urban Development (HUD) Amendment Act of 1974, and Residential Displacements TxDOT policies and procedures. During property acquisition tenant occupants - Provide reimbursement of moving costs and certain related expenses incurred in moving. - Provide compensation for comparable replacement dwelling that is decent, safe, and sanitary. - Provide Rental Assistance Supplement to eligible persons for the increased cost of renting and occupying a decent, safe and sanitary replacement dwelling. Relocation Assistance Assist residents at public housing, as defined by the Uniform Relocation and Real Property Acquisition Policies Act of Residential displacements- 1970, as amended; 49 CFR Part 24, Subparts C through F, During property acquisition Public Housing Units to find comparable replacement housing.

Ensure tenant occupants will not be required to move unless at least one comparable replacement dwelling is available.

3 Appendix A – Summary of Means to Avoid, Minimize, and Mitigate Effects

Timing/phase of Impacts/Action Mitigation and Commitments construction Relocation Assistance Assist residents at public housing, as defined by the Uniform Relocation and Real Property Acquisition Policies Act of Residential displacements 1970, as amended; 49 CFR Part 24, Subparts C through F, Tenants using HHA Housing During property acquisition to find comparable replacement housing. Choice Voucher Program

Ensure tenant occupants will not be required to move unless at least one comparable replacement dwelling is available. Compensation Compensate any person(s) whose property needs to be acquired, in accordance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended; 49 CFR Part 24, Subparts C through F; and, TxDOT policies and procedures. - Provide reimbursement of moving costs and certain related expenses incurred in moving. Non-Residential - Personal Property- Provide payment for the actual direct Displacements loss of tangible personal property or the purchase of (businesses, schools, places substitute personal property that is incurred as a result During property acquisition of worship and other of the move or discontinuance of the operation. nonprofit facilities) - Searching Expenses for Replacement Property- Reimburse for actual reasonable expenses incurred in searching for a replacement property, not to exceed $2,500. - Reestablishment Expenses for Replacement Site- A small business (not more than 500 employees), may be eligible to receive a payment, not to exceed $25,000 for expenses actually incurred in relocating and reestablishing at a replacement site. Relocation Assistance Non-Residential - Assign relocation assistance counselor to help with Displacements relocation planning. (businesses, schools, places During property acquisition - Explore and provide advice about possible sources of of worship and other funding and assistance from other local, state and nonprofit facilities) federal agencies. Medical facilities Reimburse cost of relicensing fees and medical licenses at During property acquisition Displacements new location. Compensation - Provide relocation payment for moving and related Billboards and expenses. Advertisement Sign During property acquisition - Reimburse for actual reasonable expenses incurred in Displacements searching for a replacement sign site, not to exceed $2,500. TxDOT is proceeding with advance acquisition of the Midtown Terrace Suites – property. During the relocation process, residents will be 60- multi-family residential able to remain in the existing facility for an agreed amount of During property acquisition units would be displaced time negotiated between the property owner and TxDOT. Replacement units will be built in the same complex. TxDOT is proceeding with advance acquisition of the property. During the relocation process, residents will be able to remain in the existing facility for an agreed amount of time negotiated between TxDOT and the property owner. Temenos Place Apartments TxDOT has executed an agreement with the Temenos Place During property acquisition II Apartments II management so that all reasonable efforts will be made to replace the 80 residential units affected by the project within a one-mile radius of the existing Temenos II facility.

4 Appendix A – Summary of Means to Avoid, Minimize, and Mitigate Effects

Timing/phase of Impacts/Action Mitigation and Commitments construction TxDOT is in coordination with the Houston Housing Authority (HHA) on acquisition of the property and relocation of the residents of Clayton Homes with the intent of constructing over 70 percent of replacement housing within one mile of the existing Clayton Homes location.

Housing units at Clayton TxDOT is in coordination with the HHA on acquisition of the During property acquisition Homes and Kelly Village property and relocation of the residents of Kelly Village with the intent of constructing new housing in the vicinity of the existing Kelly Village.

At Kelly Village, remove four additional buildings to allow more green space at the facility, as requested by the HHA. Displacement of homeless Coordinate with the City of Houston and homeless services persons living in project providers to develop a plan to assist in the relocation of the Pre-construction right-of-way homeless in a sensitive way. In addition to the mitigation measures listed in this table, Displacement of places of TxDOT will: worship that own their - Offer the opportunity to request advance acquisition of property and serve property. During property acquisition high-minority or low-income - Allow occupants, during the relocation process, to populations remain in the existing facility for an agreed amount of time negotiated between the property owner and TxDOT. TxDOT is proceeding with advance acquisition of this property; advance acquisition would provide additional time for relocation of the place of worship. During property Greater Mount Olive TxDOT will work with the community to provide a “pocket acquisition/during Missionary Baptist Church park” near the current location of the Greater Mount Olive construction Missionary Baptist Church along with a plaque or other suitable commemoration of the church’s history in the neighborhood. In addition to the mitigation measures listed in this table, Displacement of non-profit TxDOT will: organizations and service - Offer the opportunity to request advance acquisition of providers that serve property. During property acquisition high-minority or low-income - Allow occupants, during the relocation process, to populations remain in the existing facility for an agreed amount of time negotiated between the property owner and TxDOT. Displacement of medical offices that serve low-income or minority populations located in the building at 7007 North TxDOT is proceeding with advance acquisition of the Freeway. property. Tenants will be assigned a relocation assistance counselor who will provide relocation information and During property acquisition Tenants include: North assistance including tenant entitlements under TxDOT Houston Birth Center, relocation assistance program. LLC**, Unicare MRI & Diagnostic Center Houston Children’s Dental Center and other medical offices Displacement of the TxDOT is proceeding with advance acquisition of the Mexican Consulate General of Consulate property, and has assisted the Consulate to find a Prior to construction Mexico (Mexican Consulate) place to relocate.

5 Appendix A – Summary of Means to Avoid, Minimize, and Mitigate Effects

Timing/phase of Impacts/Action Mitigation and Commitments construction

Implement enhanced relocation services by conducting workshops with residential property owners and renters who would be displaced to provide information: • Explaining the acquisition process • Explaining the relocation process • Explaining the appraisal process • Title Information and review of documents Group/Program • Property tax & exemption impacts During property acquisition Informational Workshops • Moving and move planning • First Time Homebuyer seminars • Escrow process and title clearing • How to get social services and benefits • How to select a real estate agent • How to check your credit and improve your score • Household budgeting • Household maintenance

Facilitate opportunities to promote hiring individuals from the local communities, for general employment and for project Business displacements construction, such as job fairs. Pre-construction/during and employment loss construction Conduct at least two job fairs in each segment during the construction phase. TxDOT advised owner of an option to apply to TxDOT for Huynh Vietnamese advance acquisition of their property; owner has not Restaurant responded. TxDOT advised owner of an option to apply to TxDOT for Kim Son advance acquisition of their property; owner has not Restaurant/Downtown responded. TxDOT advised owner of an option to apply to TxDOT for Yen Huong Bakery advance acquisition of their property; owner has not responded.

Transportation Facilities

Provide safe and efficient connections to and around neighborhoods during construction for all modes of transportation, including bicycles and pedestrians. Temporary road closures Final design/during and traffic detours Provide advanced notice of temporary road closures and construction traffic detours.

Maintain access to properties during construction. In cooperation with the Metropolitan Transit Authority of Harris County (METRO), install temporary bus stops outside Temporary displacement of of the proposed right-of-way and as close as possible to the Pre-construction/ bus stops during original bus stop location. during construction construction In cooperation with METRO, notify riders at least one week in advance of temporary relocation or closure of bus stop. In cooperation with METRO and City of Houston, design new Bus stop displacements and Final design/during and re-established bus stop locations in accordance with the relocations construction Americans with Disabilities Act requirements.

6 Appendix A – Summary of Means to Avoid, Minimize, and Mitigate Effects

Timing/phase of Impacts/Action Mitigation and Commitments construction Temporary impacts to freight rail service from the Final construction of railroad Coordinate with UPRR, BNSF, and HB&T for phasing of design/pre-construction/ bridge structures and/or the improvements to minimize disruptions to railroad operations. during construction temporary relocation of track operations Coordinate with METRO for phasing of improvements to minimize disruptions to transit operations.

Limit periods of disruption to the existing high-occupancy Temporary road closures vehicle (HOV) lane and coordinate with METRO to define the Final design/ and traffic detours may limits so they can be planned for and communicated with the pre-construction/during have impacts on access to public. construction public transit services

Maintain transit services by utilizing shoofly and temporary track alignments with very limited outages for connections and cut-overs. Coordinate with METRO for review of the 30 percent design plans.

Coordinate with METRO at least 2 to 3 weeks in advance of Temporary road closures construction to minimize disruptions to services and Final design/ and traffic detours may schedules. pre-construction/during have impacts on access to construction bus services and bus stops Conduct follow-up meetings with METRO as requested.

METRO will install temporary bus stops outside of the proposed right-of-way and as close as possible to the original bus stop location. Coordinate with METRO for notification to riders at least one week in advance of any closures, delays, or modifications in bus routes, and bus stop relocations or closures. Additional public notifications by METRO would include:

- A list of detours and changes to bus stops posted on Temporary road closures METRO’s website Final and traffic detours may - Notices at bus stops with new bus stop location and bus design/pre-construction/ have impacts on access to route map during construction bus services - Information on social media (Twitter, Facebook); notifications on social media are typically posted one month in advance - Mail-out to riders registered to receive notifications

Conduct follow-up meetings with METRO as requested. Construct a shoofly (a temporary track) that offsets the Temporary impacts to existing bridge and serves as a detour route for rail traffic railroad tracks that parallel during construction. Final Winter Street and bridge design/pre-construction/ over I-10/I-45 and White Schedule tie in connections to rail mainline with sufficient during construction Oak Bayou advance notice to allow railroad companies to plan for alternative routes. Reconstruct Hamilton Street to be a continuous southbound Loss of direct access from street adjacent to US 59/I-69 between Commerce Street and East Downtown to central Leeland Street, which would reestablish connectivity across Final design/during Downtown via Polk Street at US 59/I-69 on other streets between central Downtown and construction US 59/I-69 the east side of Downtown: Dallas, Lamar, McKinney, and Walker streets.

7 Appendix A – Summary of Means to Avoid, Minimize, and Mitigate Effects

Timing/phase of Impacts/Action Mitigation and Commitments construction Temporary road closures Public Involvement Officer will conduct public outreach and and traffic detours may provide notification of temporary road closures and traffic impact access to detours via social media and/or other appropriate outreach Pre-construction/during businesses and service methods. construction providers that serve environmental justice Maintain access to properties during construction. populations Include four managed express (MaX) lanes on I-45 (two Allow for expanded bus Final design/during lanes in each direction) that would provide the opportunity service in the I-45 corridor construction for METRO to expand bus service in the corridor. Add two-way METRO T-ramp north of the Shepherd Drive and Allow for improved bus Final design/during Veteran’s Memorial Drive intersection that would connect service in the I-45 corridor construction directly to the Shepherd Park & Ride facility. Improve east-west access Add overpass at the I-45 and Blue Bell Road intersection to Final design/during across I-45 allow for connectivity of Blue Bell Road under I-45. construction - Remove the METRO HOV T-ramp between Crosstimbers Street and the HB&T railroad tracks Reduce cut-through traffic in and replace the T-ramp with northbound and Final design/during Independence Heights southbound MaX lanes direct connectors to I-610. construction neighborhood - Connect the I-45 frontage roads and the I-610 frontage roads at the I-45/I-610 interchange. Reduce truck traffic in Near Acquire Love’s Truck Stop property for storm water detention During property acquisition Northside residential areas area. Maintain connectivity between Near Northside Reconstruct Rothwell Street and Providence Street as Final design/during and Central Business grade-separated underpasses at the railroad tracks between construction District and reduce at-grade McKee Street and Jensen Drive. railroad crossings Accommodate the City of Houston’s future plan for Coordinate with the City of Houston so that the NHHIP allows Final design/during the extension of San Jacinto for the future extension of San Jacinto Street to the north. construction Street Maintain Chenevert Street as a one-way southbound street Improve local connectivity in Final design/during between Stuart Street and Holman Street. Maintain local Midtown construction street connectivity at Francis Street. Add dedicated bus/HOV lane to the I-10 express lanes with Maintain Bus/HOV lane Final design/during direct access to Smith Street and Louisiana Street to replace connection to Downtown construction the existing Downtown HOV connector to Heiner from I-10. Supplement existing southbound guide signs for the Quitman Final design/during Improve highway signage Street/Lyons Avenue exit (Exit 133A). construction Improve approach signing and driver communication Final design/during Improve highway signage heading northbound on US 59/I-69 in the area approaching construction the exit to Spur 527. Improved access and Construct at-grade highway caps at three bridged areas to Final design/during connectivity between support pedestrian activity in the area. Bridged area will construction Midtown and Museum Park include wider sidewalks and bicycle lanes. Potential temporary impacts Final design/ to emergency response Coordinate with city and county officials to minimize pre-construction/during travel time during disruptions to emergency services during construction. construction construction

8 Appendix A – Summary of Means to Avoid, Minimize, and Mitigate Effects

Timing/phase of Impacts/Action Mitigation and Commitments construction

Air Quality

Temporary increases in Use fugitive dust control measures contained in TxDOT particulate matter (PM) During construction standard specifications, as appropriate. emissions Encourage construction contractors to use Texas Emissions Temporary increases in Reduction Plan (TERP) and other local and federal incentive mobile source air toxics During construction programs to the fullest extent possible to minimize diesel (MSAT) emissions emissions. Noise and air quality To mitigate for potential short-term construction dust and/or impacts noise impacts, TxDOT will develop a program to provide Pre-construction/during (residents in minority and weatherization and energy efficiency measures for qualifying construction low-income areas) low-income single-family residences. Noise and air quality Coordinate with schools to address construction phasing and Pre-construction/ impacts effects during STAAR testing and other sensitive times. during construction (schools) The potential impacts of PM emissions will be minimized by Dust Control Measures using fugitive dust control measures contained in standard During construction specifications. For a minimum of five years during construction, fund Pre-construction/during Monitoring/Reporting ambient air monitoring near the right-of-way at one location construction in Segment 2 and one location in Segment 3.

Traffic and Construction Noise

Construct noise barriers, where feasible, reasonable, and approved by landowners adjacent to the proposed noise Traffic noise impacts near barriers. Any subsequent project design changes may require residential areas, parks, a re-evaluation of preliminary noise barrier proposals. The Final design/during open spaces, and final decision to construct the proposed noise barriers will construction recreational areas not be made until completion of the proposed project design, utility evaluation, and polling of adjacent property owners during traffic noise workshops. Implement best management practices (BMPs) to minimize noise during construction, as per FHWA’s Highway Construction Noise Handbook (2006). Temporary noise impacts During construction during construction Minimize construction noise through abatement measures such as work-hour controls and proper maintenance of muffler systems. TxDOT plans to use longitudinal tining on all main lanes and frontage roads. Longitudinal tining creates shallow grooves in a roadway surface, running lengthwise, which decreases Long-term traffic noise noise compared to transverse tining. Potential noise Final design/during impacts reductions from use of longitudinally‐tined pavement have construction not been quantified for this project and are not accounted for in the analysis included in the Traffic Noise Technical Report. Noise and air quality To mitigate for potential short-term construction dust and/or impacts noise impacts, TxDOT will develop a program to provide Pre-construction/during (residents in minority and weatherization and energy efficiency measures for qualifying construction low-income areas) low-income single-family residences. Noise and air quality Coordinate with schools to address construction phasing and Pre-construction/ impacts effects during STAAR testing and other sensitive times. during construction (schools)

9 Appendix A – Summary of Means to Avoid, Minimize, and Mitigate Effects

Timing/phase of Impacts/Action Mitigation and Commitments construction

Water Resources and Wetlands

Evaluate minor alignment shifts to minimize or avoid impacts to public or private water wells.

Impacts to public or private Final design/during Develop and implement stormwater management plan. water wells construction

Plug wells during construction per Texas Commission on Environmental Quality (TCEQ) regulations. Implement storm water BMPs (e.g., in-line detention within upsized storm sewers and off-line detention basins) to mitigate the changes in storm water runoff. Increase in sediment or pollutants to surface water Final design/during Prepare and implement a storm water pollution prevention resources due to storm construction plan. water runoff

Remove and dispose of waste materials in compliance with applicable federal and state guidelines and laws. Obtain any necessary U.S. Army Corps of Engineers (USACE) permits; comply with permit conditions.

Fill in jurisdictional waters of Develop and implement a compensatory mitigation plan, as Final design/during the United States, including appropriate, based on the level of impact determined for construction wetlands project impacts and permitting.

Implement BMPs that may be required by TCEQ Section 401 water quality certification. Work or structures constructed within Obtain any necessary U.S. Coast Guard (USCG) permits; Final design/during navigable waters of the comply with permit conditions. construction United States

Floodplains and Flooding

Conduct a hydraulic analysis to the more stringent of City of Houston, HCFCD, and Federal Emergency Management Encroachments in a Final design/during Agency (FEMA) floodplain standards, defined at the time of regulated floodway construction study and obtain a letter of no objection from the local authorities.

Vegetation, Wildlife, and Threatened and Endangered Species

Utilize native species for revegetation, to the extent Final design/during Disturbance of vegetation practicable. construction Avoid and minimize vegetation removal and stream channel disturbance.

Disturb only that which is necessary to construct the proposed project, including minimizing disturbance to inert microhabitats (e.g., snags, brush piles). Impacts to non-rare fish and Final design/during wildlife construction Utilize BMPs to avoid impacts to fish and wildlife within the project area.

Obtain Aquatic Resource Relocation Permit from Texas Parks and Wildlife Department (TPWD) and coordinate with the TPWD Kills and Spills Team (KAST) prior to construction for

10 Appendix A – Summary of Means to Avoid, Minimize, and Mitigate Effects

Timing/phase of Impacts/Action Mitigation and Commitments construction temporary division of water or dewatering of construction areas. Implement BMPs to minimize impacts to federally and state- Impacts to threatened and Final design/during listed species and species of greatest conservation need endangered species construction (SGCN).

Historic Resources

For these types of projects, TxDOT provides the schematics to the bidding contractor with restrictions and special commitments, referred to as “prescriptives”. Several prescriptives regarding treatment and consideration for historic properties have been documented in Section 12.7 of the “Special Provision to Item 12: Environmental” document to be included in the design-build contract specifications. Impacts to historic properties in project areas Final design/during The contractor must commit to building the project according delivered via design-build construction to the NHHIP schematic design as shown in the Final EIS. contracts The design-build office will notify TxDOT Environmental Affairs Division of any changes to these schematics in the vicinity of historic properties so that proper coordination with consulting parties and Texas State Historic Preservation Officer (SHPO) occurs as warranted. A copy of the design- build contract and the prescriptives contained therein for historic properties will be provided to the Texas SHPO. Windshield-level survey and other documentation of East Adverse impacts to Houston Downtown Houston warehouse area, allowing future During construction/post- Warehouse Historic District preservation enhancements by private owners or City of construction Houston Certified Local Government (CLG) program. Adverse impacts to Readers Historic American Buildings Survey (HABS)-like Level I/Level Distributors Warehouse II archival documentation of property, possibly including Pre-construction (1201 Naylor Street) interior. Adverse impacts to Carlisle Plastics Building, north HABS-like Level I/Level II archival documentation of property, Pre-construction building (1133 Providence possibly including interior. Street) Windshield-level survey and other documentation of the East Adverse impacts to Cheek- Downtown warehouse area, allowing future preservation During construction/post- Neal Coffee Company (2017 enhancements by private owners or City of Houston CLG construction Preston Avenue) program. HABS-like Level I/Level II archival documentation of property prior to demolition. Reconnaissance-level survey of Almeda Adverse impacts to Road commercial corridor of Houston, allowing future Rossonian Cleaners (3921 preservation enhancements by private owners or City of Pre-construction Almeda Road) Houston CLG program. Possible retention of 1920s portion of Rossonian Cleaners building, pending engineering analysis and owner acceptance.

Archeological Resources

In the event that unanticipated archeological resources encountered during construction, work in the immediate Impacts to archeological area shall cease, and TxDOT archeological staff shall be During construction resources contacted immediately to initiate post-review discovery procedures.

11 Appendix A – Summary of Means to Avoid, Minimize, and Mitigate Effects

Timing/phase of Impacts/Action Mitigation and Commitments construction

Soils

Minimize soil erosion with implementation of management of soils and dust in compliance with applicable federal and Soil erosion During construction state guidelines and in conformance with specific requirements of project permits.

Hazardous Materials

If hazardous constituents are unexpectedly encountered in the soil and/or shallow groundwater during construction operations, appropriate measures for the proper assessment, remediation, and management of the contamination would be initiated in accordance with applicable federal, state, and local regulations. In the event of an accidental spill of hazardous materials, TxDOT would work with other agencies and its contractors to secure the scene and implement appropriate spill response measures. Standard spill response procedures are outlined in 30 T.A.C. Chapter 327. The following general recommendations were made relating to the project corridor. - An American Society for Testing Materials (ASTM)- conforming Phase I environmental site assessment would be conducted prior to property acquisition. - All construction contractors would be instructed to immediately stop all subsurface activities in the event Final design/ Impacts from hazardous that potentially hazardous materials are encountered, pre-construction/during materials an odor is identified, or significantly stained soil is construction visible. Contractors and maintenance personnel would be instructed to follow all applicable regulations regarding discovery and response for hazardous materials encountered during the construction process. - Special provisions or contingency language would be included in the proposed project’s Plans, Specifications, and Estimate to handle hazardous materials and/or petroleum contamination according to applicable state, federal, and local regulations per TxDOT Standard Specifications. Hazardous items that require special handling would be removed only by certified and licensed abatement contractors having documentation of prior acceptable work. - Further analysis of identified potential sites of concern and their proximity in the project area would occur during design development.

Visual and Aesthetic Qualities

Where practicable, include landscape plantings and revegetation per TxDOT's Green Ribbon Landscape Improvement Program

Coordinate with local groups and agencies to accommodate Visual and aesthetic enhancements to standard landscaping and recreational use Final design/during impacts of open space in and around storm water detention areas, construction where feasible. Wet bottom detention basins will be considered if a partner entity agrees to maintain them.

Provide miscellaneous aesthetic improvements along Heights Bike Trail between Taylor Street and Main Street

12 Appendix A – Summary of Means to Avoid, Minimize, and Mitigate Effects

Timing/phase of Impacts/Action Mitigation and Commitments construction (coordinated by TxDOT with Houston Parks Board and other entities).

In landscaping, include regionally native plants for landscaping and implement design and construction practices that minimize adverse effects on the natural habitat.

To the extent possible, the project would be designed to create an aesthetically and visually pleasing experience for both roadway users and roadway viewers.

The Mayor of Houston has appointed a committee to oversee the potential designs and funding options for uses for the open space areas in Segment 3 and TxDOT will consider its recommendations.

All lighting would be in accordance with the Texas Health and Safety Code Title 5 425.002 regarding light pollution. To the extent possible, outdoor lighting fixtures would only be installed and operated if the purpose of the lighting cannot be achieved by the installation of reflective road markers, lines, warning, or informational signs, or other effective passive methods.

Give full consideration to energy conservation, reduction of glare, minimizing light pollution, and preserving the natural light environment. Aesthetic walls are tentatively proposed in environmental justice areas where they would be effective for noise mitigation (reduce traffic noise levels by at least 3 dB(A)). Visual and aesthetic Final design/during Proposed locations may change during final design of the impacts construction facility. Ultimately, the decision whether to construct the walls will be determined by a vote of the adjacent property owners. Design bridges in consideration of visual aesthetics and minimize the number of support columns for elevated roads. Visual and aesthetic Final Design/during impacts construction Coordinate with the community to integrate aesthetic enhancements in the project design. Impaired view of Downtown Design bridges in consideration of visual aesthetics. skyline from greenway area Final design/during near Hogg Park, due to Optimize open space by aligning substructure for multiple construction proposed elevated highways roadways where feasible. ` Aesthetic improvements Provide aesthetic improvements along Heights Bike Trail Final design/during along bicycle and between Taylor Street and Main Street. Coordinate with City construction pedestrian pathways of Houston to determine improvements. Design bridges in consideration of visual aesthetics.

Impaired views of the Evaluate the use of the proposed storm water detention Downtown skyline from areas in the area as potential open spaces with Final design/during White Oak Bayou Greenway, opportunities for aesthetic enhancements under the construction due to proposed elevated elevated sections of the roadways in this area. highways Improve viewshed from University of Houston campus to Downtown skyline by moving I-10 to north of campus.

13 Appendix A – Summary of Means to Avoid, Minimize, and Mitigate Effects

Timing/phase of Impacts/Action Mitigation and Commitments construction Aesthetic improvements Final design/during Replace Montrose Street bridge LED lighting. along highways construction Coordinate with Greater Northside Management District to Aesthetic improvements incorporate Texas Logo and Directional Sign Program for the Final design/during along highways Quitman Street/Lyons Avenue exit and south of Quitman construction Street on the I-69 southbound frontage road. Conduct the design of bridges over Sam Houston Park and Aesthetic improvements Final design/during Buffalo Bayou as a collaboration between the management along highways construction districts or neighborhood groups and TxDOT.

14 North Houston Highway Improvement Project Record of Decision ______Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

COMMENTS ON THE FINAL EIS

The Final EIS was signed on August 18, 2020, made available for agency and public review on September 25, 2020 and sent to the U.S. EPA for filing the Notice of Availability, which appeared in the Federal Register on Friday, October 9, 2020. An additional notice was published in the Federal Register on October 30, 2020 extending the due date for comments from November 9, 2020 to December 9, 2020.

Over 400 written comments were received from agencies, elected officials, organizations, businesses, groups and individuals. The federal, state, county, and city agencies and elected officials that submitted comments are listed below:

. City of Houston Mayor Sylvester Turner . City of Houston Council Member Karla Cisneros . City of Houston Council Member Robert Gallegos . City of Houston - Planning & Development . East End District . Harris County Judge Lina Hidalgo . Harris County Commissioner Adrian Garcia . Harris County Department of Education Trustee Amy Hinojosa . Harris County Department of Education Trustee Richard Cantu . Harris County Engineers Office . Harris County Flood Control District (HCFCD) . Harris County Toll Road Authority (HCTRA) . Houston Independent School District Board Trustee Judith Cruz . Metropolitan Transit Authority of Harris County (METRO) . North Houston District . State Representative Armando Walle . State Representative Christina Morales . State Representative Dennis Paul . State Representative Garnet Coleman . State Representative Valoree Swanson . State Representative Will Metcalf . State Representative Cecil Bell . State Representative Briscoe Cain . State Senator Carol Alvarado . State Senator Larry Taylor . State Senator Paul Bettencourt . U.S. Environmental Protection Agency (EPA) . U.S. Representative Al Green . U.S. Representative Eddie Bernice Johnson . U.S. Representative Henry Cuellar . U.S. Representative Lloyd Doggett

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

. U.S. Representative Sheila Jackson Lee . U.S. Representative Sylvia Garcia

All comment submittals received were reviewed and considered in the development of the Record of Decision (ROD). Responses to the issues and concerns raised most frequently by commenters are included below. The comments are summarized by topic.

Displacements and Housing

Comments: Several comments raised concerns about the number of residential and business displacements, particularly in low-income/high minority areas, and whether those who would be affected understand their rights and the resources available to protect those rights.

Response: The NHHIP is a large and complex, 26.4-mile long undertaking in a city that is predominantly minority and along the length of the Selected Alternative, the majority of the adjacent residential areas include minority and/or low-income populations. The Selected Alternative will require new right-of-way, which will displace single- and multi-family homes, schools (2), places of worship (5), businesses, billboards, and other structures.

TxDOT is going beyond its normal acquisition and relocation procedures to provide counselors who will work with the affected on a one-on-one individualized basis to understand each resident’s needs and provide enhanced relocation services. TxDOT is already working to acquire some properties. TxDOT will implement a relocation-specific program on the project to help property owners as well as tenants with funding and counseling. Section 5.1.2 of the Community Impacts Assessment Technical Report (Appendix F to the Final EIS) includes information about standard and supplemental assistance that TxDOT will provide to owners and residents who will be displaced.

It is important to note that residents will not be displaced from homes until adequate replacement housing has been identified. Residents in subsidized or non-subsidized housing will receive assistance in finding comparable housing. Comparable housing is decent, safe, sanitary, functionally equivalent to their present homes and accessible to employment, public and commercial facilities.

The package of relocation assistance for those displaced by this project has been developed based on meetings with community and organization leaders whose input helped TxDOT understand the needs and concerns of the communities in the NHHIP area. As a result. the services TxDOT is offering those displaced by this project go above and beyond what are mandated by law and are sensitive to the unique characteristics of displaced areas, residents and business owners. Each displaced resident and business owner will be handled on an individualized basis that takes into consideration that person's circumstances.

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

Comments: Several comments suggested that TxDOT should not displace Clayton Homes or units at Kelly Village and/or indicated that the Final EIS does not recognize the social impact of the loss of this housing.

Response: TxDOT recognizes the impacts of the NHHIP to the Clayton Homes and Kelly Village properties and the residents of these communities. In 2014, TxDOT began coordinating with representatives of the Houston Housing Authority (HHA) as part of ongoing outreach during the early phases of project development and continues to work closely with HHA to develop new housing to help address displacements at Clayton Homes and a portion of Kelly Village. The Final EIS documents the analysis of the effects of the NHHIP, proposed mitigation measures for adverse impacts, and coordination with HHA (Final EIS and Appendix G).

Actions taken to mitigate impacts to Clayton Homes and Kelly Village are focused on ensuring that displaced residents of both communities are provided with multiple relocation options resulting in minimal disruptions to their lives. This includes eliminating the need to move multiple times, minimizing interruption to current employment and allowing children to remain in the same school district.

TxDOT will make efforts to ease the burden of relocating residents living in properties owned by the HHA that will be directly impacted by this project. At Clayton Homes, 100% of the units will be relocated including 112 units that have been uninhabitable since Hurricane Harvey flooded them. TxDOT and HHA have entered into an agreement where HHA, funded by TxDOT, will construct replacement housing for displaced residents. Kelly Village residents will also have similar options.

Through an occupancy agreement with TxDOT, current residents will not be required to relocate until such time that the land currently occupied by Clayton Homes is needed for construction of the NHHIP. This occupancy agreement is intended to provide certainty that Clayton Homes residents will only need to move once—from Clayton Homes to the relocation option of their choosing. Residents of Clayton Homes will be offered multiple relocation options: Housing Choice Voucher Program (formerly Section 8), to move to areas of higher economic opportunity; or new replacement housing, with current residents given first right to reside in the new replacement housing units once constructed. The replacement housing units will be provided through a combination of replacement housing, public/private partnerships and rental programs for an optimal fit for participants in the HHA assistance programs. All replacement housing will be constructed within the city limits of Houston, Texas. The current HHA plan will be to reestablish 70 percent of the units within a one-mile radius of the current Clayton Homes location. HHA is committed to 100 percent of the units being constructed within five years from the closing date of the purchase agreement between TxDOT and HHA. All relocation services will be coordinated by HHA in accordance with the Uniform Relocation Act and reimbursed by TXDOT.

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

In a similar agreement, currently being negotiated with HHA and pending approval from HUD, TxDOT will purchase a minimum of 50 Housing Units and all or a portion of the adjacent community park at Kelly Village. Displaced residents of Kelly Village will be assigned relocation specialists located onsite to assess resident’s needs and provide a smooth transition into other housing options. Displaced residents of Kelly Village will be offered a Housing Choice Voucher or be given priority to reside in other HHA units.

Additionally, during the property negotiations HHA requested that TxDOT remove four additional buildings to allow more green space at Kelly Village, as mitigation for impacts to the private park for Kelly Village residents.

This agreement with the HHA prioritizes efforts that minimize disruptions to residents during the transition. Having begun this transition process as early as possible will allow time for new affordable housing construction and reduce the need for residents to move more than once, avoid interruption of current employment, and maintain children within the same schools and school districts.

TxDOT’s goal is to help households and individuals maintain their current social support networks. TxDOT recognizes that disruptions associated with moving can affect a resident’s access to a strong social structure built over time. This can include community activities (church and school) and other regular routines such as grocery shopping, childcare, and medical services. Individual circumstances will vary, but minority, low-income and limited English proficiency populations may be especially vulnerable to such impacts. TxDOT will continue to work diligently to try to prevent such effects from occurring, and will implement a number of mitigation measures related to this issue including enhanced relocation services.

Comments: Several comments raised concerns about impacts of the proposed project to affordable housing and asked about financial and other assistance for residents who would be displaced.

Response: As TxDOT recognized in the Community Impacts Assessment Technical Report (Appendix F to the Final EIS), Houston is facing population growth; many people are moving to the area and more are expected in the future. The region is also facing an affordable housing shortage; many affordable and public housing developments have been affected by Hurricane Harvey, and the remaining affordable housing stock is currently too sparse to meet the growing demand. As TxDOT also recognized in the Final EIS and Community Impacts Assessment Technical Report, the NHHIP will have an impact on the supply of affordable housing in the project area. To mitigate these housing market impacts, TxDOT will provide supplemental financial assistance to qualifying owners in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act. This supplement can be applied to the incidental costs of the purchase of a new residence such as loan- related fees. Also, enhanced individualized advisory services will be provided to ease the transition and relocation process. Professionals will work with each resident on a case-by- case basis to find affordable replacement housing as close as possible to the home a

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

resident is leaving. This support will be available until the resident is settled in their new home. TxDOT is committing $27 million to support affordable housing initiatives in the neighborhoods most affected by the project in addition to the individual acquisition and relocation compensation provided to homeowners, renters and businesses that would be displaced. This commitment will provide financial assistance to support specific affordable housing initiatives. The eligible initiatives include construction of affordable single-family or multi-family housing, and support of programs that provide assistance and outreach related to affordable housing. Priority neighborhoods that would receive this assistance include Independence Heights, Near Northside, Greater Fifth Ward, and the Greater Third Ward. TxDOT is in discussions with a non-profit affordable housing organization—the Texas State Affordable Housing Corporation (TSAHC)—to serve as the administrator for disbursement of the funds. TxDOT has begun discussions with the TSAHC regarding its potential role in implementing this initiative. It is important to note that this $27 million affordable housing commitment is separate and apart from, and is above and beyond the funding for the acquisition, relocation and enhanced relocation services for the directly impacted residential properties.

Residential displacements, environmental justice considerations, and affordable housing are discussed for each super neighborhood in the Final EIS (Appendix F). Affordable housing trends are also discussed in the Final EIS (Appendix Q).

Air Quality

Comments: Several comments raised concerns about the air quality effects of the proposed project, including during and after construction of the project.

Response: TxDOT has addressed the direct , indirect and cumulative air quality effects of the proposed project in accordance with applicable regulations (23 CFR §771, 40 CFR §93, and 40 CFR § 1502) and in accordance with current Federal Highway Administration (FHWA) and TxDOT guidance on compliance with the Clean Air Act (CAA) and National Environmental Policy Act (NEPA) in regards to potential project effects on air quality. TxDOT evaluated air quality impacts of the NHHIP by completing the conformity process for ozone as well as conducting two air quality studies – a carbon monoxide (CO) traffic air quality analysis and a mobile source air toxics (MSAT) quantitative analysis. Since the area is nonattainment for ozone, the conformity process is the federally required mechanism to ensure the project complies with applicable Clean Air Act requirements. FHWA approved the project level conformity determination for NHHIP on June 25, 2020. Both of the other studies address applicable NEPA requirements and are in Appendix C to the Final EIS. A summary of the air quality analysis is included in the Final EIS Section 3.5.

In the first study, CO concentrations through the year 2040 were projected to remain below existing national standards, along any segment of the proposed project. The CO modeling

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

indicated that in 2035 (the modelled year of completion of the project), even the worst- case CO concentrations are projected to be well below the applicable National Ambient Air Quality Standards (NAAQS) for CO. The NAAQS are set by the Environmental Protection Agency (EPA) at levels which protect public health, including the health of vulnerable populations.

The second study was a MSAT quantitative analysis that evaluated nine compounds identified by the EPA as cancer-risk drivers or contributors and non-cancer hazard contributors. Study results indicated that MSAT are projected to decrease by 72 percent from 2018 through 2040 due to EPA's vehicle and fuel regulations coupled with fleet turnover.

With regard to the specific comment that TxDOT should have modeled MSAT concentrations and exposure near roadways, TxDOT provided an explanation regarding why such an exercise would not be useful, see pages 6 through 9 of the Mobile Source Air Toxics (MSAT) Quantitative Technical Report (FEIS Appendix C). As TxDOT explained, the tools and techniques for assessing project-specific health outcomes as a result of lifetime MSAT exposure are limited. In FHWA’s view, information is incomplete or unavailable to credibly predict the project-specific health impacts due to changes in MSAT emissions associated with a proposed set of highway alternatives. It is particularly difficult to reliably forecast 70-year lifetime MSAT concentrations and exposure near roadways; to determine the portion of time that people are actually exposed at a specific location; and to establish the extent attributable to a proposed action, especially given that some of the information needed is unavailable.

There is also no national consensus on air dose-response values assumed to protect the public health and welfare for MSAT compounds. There is also a lack of national consensus on an acceptable level of risk. In short, information is incomplete or unavailable to establish that even the largest of highway projects would result in levels of risk greater than deemed acceptable.

For all of the above reasons, and additional ones provided in Appendix C to the FEIS, TxDOT does not conduct MSAT dispersion modeling for any highway projects. Note that since MSAT are evaluated at the project level under NEPA, FHWA is the appropriate federal agency to provide guidance for how to address MSAT under NEPA and they have done so in their interim MSAT guidance. TxDOT conducts quantitative MSAT emissions analyses for projects that meet certain criteria, such as the NHHIP, as specified by FHWA interim MSAT guidance. For the NHHIP, the quantitative MSAT analysis concluded that both the Build and No Build Alternative in the interim and design years are expected to be associated with lower levels of MSAT emissions compared to the base year. There is a minor increase in MSAT emissions expected between the No Build and Build Alternatives for both the interim and design years, due to slightly higher vehicle miles traveled (VMT). Under all alternatives,

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

MSAT levels are likely to decrease over time due to nationally mandated cleaner vehicles and fuels.

TxDOT is also developing a program to provide weatherization and energy efficiency measures for qualifying low-income single-family residences. Weatherization refers to improvements to a residence to make it more resistant to certain outdoor elements.

Comments: Several comments recommended that TxDOT test air quality before, during, and after construction of the project.

Response: TxDOT will fund ambient air monitoring for a minimum of 5 years near the right-of-way at one location each in Segment 3 and Segment 2 during construction. Monitoring results will be compared to health-based NAAQS limits and applicable air toxins health risk thresholds. TxDOT is consulting with TCEQ and EPA on the development of this program, including risk controls, if needed.

Monitoring results will be provided on a publicly accessible website with an option for members of the public to receive monitor data notifications. Monitoring results will be compared to health-based NAAQS limits and EPA air toxics health risk thresholds. TxDOT is consulting with TCEQ and EPA on the development of this program, including risk controls, if needed.

Bicycle and Pedestrian Facilities

Comments: Several comments addressed topics related to bicycle and pedestrian accommodations. Issues included requests for improving bicycle and pedestrian connections that are currently disrupted by the freeway, adding bike lanes instead of shared vehicle/bike lanes, not decreasing the size of the existing areas that are used for bicycles and pedestrians, and reducing speeds along the frontage roads. Some comments expressed support for the proposed improvements to bicycle and pedestrian accommodations in the NHHIP project area.

Response: In accordance with the Policy Statement on Bicycle and Pedestrian Accommodations Regulations and Recommendations by the U.S. Department of Transportation (2010), TxDOT is including bicycle and pedestrian accommodations in the proposed project, taking into consideration existing and anticipated bicycle and pedestrian facility systems and needs, and linkages to transit stops and corridors, including future changes to METRO transit systems. The proposed enhancements to connectivity in the project plans are consistent with many local government and neighborhood plans that are increasingly emphasizing walkability as a part of overall neighborhood livability. The NHHIP will incorporate the City of Houston Bike Plan on city streets within the project area.

TxDOT is proposing bicycle and pedestrian enhancements at all crossings and connections to current pedestrian elements with the NHHIP. These enhancements were developed in

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

partnership with the City of Houston Department of Public Works and Department of Planning. This partnership produced the design concept of pedestrian-bike realm, which is comprised of all or a varying combination of three elements, a buffer space, bike lane and sidewalk, all separate from the vehicle travel lane and behind a protective curb on both sides of the cross-street. TxDOT and the City have identified the application of the pedestrian-bike realm on the 44 Downtown streets that cross the freeways in Segment 3. TxDOT is coordinating with the City to continue this partnership for the application of the pedestrian-bike realm on the streets that cross the freeways in Segments 1 and 2. This increased width will create a buffer between the bicycle and pedestrian travelers and vehicle traffic, which is an important safety design feature. Accessible sidewalks will also be constructed and connected along frontage roads. Although the December 2019 schematic design shows shared use lanes along some frontage roads, during detailed design TxDOT will evaluate the placement of a bike lane behind a protective curb and not in the lane shared with a motor vehicle. TxDOT is currently consulting with the Texas A&M Transportation Institute (TTI) about the best bicycle facility to replace the proposed 15‑foot wide shared use vehicle/bike lanes on frontage roads.

TxDOT will coordinate with schools in the project area regarding safe routes for school children traveling on foot, including the potential for additional pedestrian enhancements.

TXDOT consulted with TTI and developed a design toolbox of bicycle and pedestrian improvement options for the NHHIP. These options are safe, accessible and comfortable accommodations for bicyclists and pedestrians. The design for particular locations will be developed and refined at the detailed design phase to address site-specific conditions. Illustrations of options are shown in the Pedestrian & Bicyclist Accommodations white paper that can be accessed on the NHHIP website at http://www.ih45northandmore.com/NHHIP_Project_Facts_And_Highlights.aspx

All intersections will be designed in compliance with the Americans with Disabilities Act of 1990 (ADA) per federal requirements. TxDOT will coordinate with the City of Houston, Independent School Districts, and METRO during project design to minimize temporary and permanent impacts to bicycle and pedestrian facilities. Additionally, TxDOT will accommodate or replace existing trails that are impacted by the proposed project, as well as allow for planned future trails as shown on the City of Houston Bike Plan.

In the instance of any modifications to existing or proposed hike and bike facilities, TxDOT will coordinate with the City of Houston, Houston Parks Board, and other agencies or organizations to have the same level connectivity as the existing and planned future facilities provide.

Although pedestrian and bicycle access may be temporarily impacted during construction, the numerous improvements being made will allow greater access once completed.

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

Additionally, TxDOT will work with METRO to keep potential service disruptions to a minimum during construction and incorporate transit improvements with the NHHIP.

Comments: Several comments raised concerns about the impact of the Polk Street closure between East End and Downtown and requested TxDOT create a continuous high comfort bikeway to the Columbia Tap Trail.

Response: Untangling the freeway systems around Downtown to achieve the crash reduction and mobility improvements required the design team to place US 59/I-69 and I-45 below ground between Commerce Street and Spur 527. One of the outcomes of this was not being able to maintain Polk Street as a continuous street between EaDo/East Downtown and Central Business District (CBD) of Downtown. To restore and improve connectivity in this area, a continuous southbound city street (Hamilton Street) that was previously cut off when the George R. Brown Convention Center was built, will be restored with the NHHIP. Polk Street will connect to this restored Hamilton Street and will allow for continuous flow back to Polk Street by using the Lamar Street overpass. The additional distance required to travel from east of the freeway to west of the freeway is approximately 1,200 feet (1/4 mile), while the west to east movement is an additional 1,800 feet (1/3 mile).

Despite this minor increase in distance, the travel time and overall signal delays will be reduced at the Polk Street/St. Emanuel Street intersection when compared to the existing configuration. These improvements are a result of removing a traffic signal phase in the Polk Street/St. Emanuel Street and Polk Street/Hamilton Street intersections, which allows more green time to be provided to the through movements along St. Emanuel Street and Hamilton Street.

TxDOT has proposed mitigation measures with the NHHIP to address bicycle and pedestrian travel along Polk Street. The proposed mitigation measures include pedestrian-bike realms along (i) St. Emmanuel Street, (ii) Walker Street across the proposed cut-and-cover cap and (iii) new Hamilton Street. These are described below.

Proposed Pedestrian and Bike Route along St. Emmanuel Street

The NHHIP proposes a pedestrian and bike ream along St Emmanuel Street, which will connect to existing bikeway on Polk Street on the “East Downtown side” and continue to the proposed pedestrian-bike realm on Walker Street across the cut-and-cover cap. This pedestrian-bike realm will have a width of 17-feet, which includes a buffer between the traffic lanes and pedestrian-bike realm.

Proposed Pedestrian-Bike Route along Walker Street across the cap

In recognition of the value of the Columbia Tap Trail, TxDOT is proposing a dedicated pedestrian-bike realm (no vehicles across the cap) on Walker Street as it crosses the cap. Walker Street, as it approaches the CBD from EaDo/East Downtown, will T-intersect with

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

St. Emanuel Street for automobile traffic and then provide a dedicated pedestrian-bike realm across the cap. The pedestrian-bike realm across the cap on Walker Street will connect with the proposed pedestrian-bike realm on New Hamilton Street which is on “CBD side”. This pedestrian-bike realm across the cap will have a width of 34-feet.

The NHHIP pedestrian-bike realm across the cap on Walker Street will connect to existing sidewalks and the existing on-street bike lane on Walker Street heading east away from the CBD towards the Columbia Tap Rail-Trail just east of Emancipation Avenue.

Proposed Pedestrian-Bike Route along New Hamilton Street

The NHHIP proposes a pedestrian-bike realm along New Hamilton Street and will connect to existing bikeway on Polk Street at the south end of the George R. Brown Convention Center on the “CBD side”.

The pedestrian-bike realm along New Hamilton Street will be a minimum width of 22 feet and a maximum width of 30 feet behind a protective curb. The pedestrian-bike realm includes a buffer space between the traffic lanes of New Hamilton Street and the pedestrian and bike pathways.

Comments: Several comments requested that the proposed project consider and accommodate the City of Houston Bike Plan.

Response: TxDOT coordinated with the City of Houston to incorporate the City of Houston Bike Plan and desired bicycle/pedestrian accommodations on city streets. The intersection designs will be further refined during detailed design, in coordination with the City of Houston. City streets that cross or connect to NHHIP will follow the City of Houston design standards and Context Sensitive guidelines. National Association of City Transportation Officials (NACTO) criteria was considered for this project, and as such, high comfort pedestrian and bicycle facilities (known as “pedestrian-bike realms” for the NHHIP) are being implemented in the design where feasible. TxDOT partnered with the City of Houston to develop the design concept of the pedestrian-bike realm for the NHHIP. TxDOT and the City have identified the specific application of the pedestrian-bike realm on the 44 Downtown streets that cross the freeways in Segment 3, that includes separate and adjacent sidewalks and bike paths. This increased width will create a buffer between the bicycle and pedestrian travelers and vehicle traffic, which is an important safety design feature. TxDOT is coordinating with the City to continue this partnership for the application of the pedestrian-bike realm on the streets that cross the freeways in Segments 1 and 2. Accessible sidewalks will also be constructed and connected along frontage roads.

As mentioned earlier, although the December 2019 schematic design shows shared use vehicle/bike lane along some frontage roads, during detailed design TxDOT will evaluate the placement of a bike lane behind a protective curb and not in the lane shared with a motor vehicle.

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

Drainage and Floodplains/Flooding

Comments: Several comments indicated that the drainage analysis for the proposed project was not complete and did not account for the Atlas 14 rainfall data, that the NHHIP would cause more flooding, and advised that TxDOT should coordinate with the Harris County Flood Control District (HCFCD).

Response: As explained in Sections 3.8.3.2 and 3.8.3.3 of the Final EIS, TxDOT has completed detailed drainage studies for Segments 2 and 3. These detailed drainage studies analyzed Atlas 14 data for the 100-year storm event. As explained in Section 3.8.3.1 of the Final EIS, TxDOT has completed a preliminary drainage study for Segment 1, and will prepare a detailed drainage study for Segment 1 during detailed design using the Atlas 14 data.

The project will collect, convey and detain, where necessary, the storm water runoff not only from the highways but also from adjacent properties that are currently draining to the highways. This new infrastructure will help address many drainage issues in the vicinity of the project. TxDOT understands that the highway infrastructure is integrated into the overall drainage pattern of the city. TxDOT is working closely with the City of Houston and the HCFCD to identify opportunities to develop partnerships that will leverage the roles and responsibilities, as well as the resources of each entity to deliver drainage improvements throughout the system.

A detailed hydrologic and hydraulic study will be performed for the proposed project during the final design phase to determine the appropriate locations and sizes of detention ponds, pump stations, bridges, culverts, or other drainage structures that will be required. Federal, state, and local authorities will have the opportunity to review the hydrologic and hydraulic study to verify that appropriate measures have been proposed such that the project will not increase the flood risk to adjacent properties. Bridges, culverts, and cross-drainage structures will be designed to FHWA and TxDOT standards for design events up to the 100- year storm event. The drainage design will be required to demonstrate that the project will not adversely impact existing floodplain conditions within the vicinity of the project for extreme events (i.e., storm events in excess of a 100-year storm event). Best management practices (BMPs), such as the construction of storm water detention facilities, will be incorporated into the final design of the proposed project to offset increased flows from areas of impervious surface. Construction of the proposed project will be in compliance with county and local floodplain guidelines and policies, including use of updated precipitation-frequency estimates during project design.

TxDOT will design, construct, and maintain storm water detention ponds so that they provide the design capacity and detention and drain properly. The final drainage and mitigation analyses performed during detailed design will be reviewed by regulatory agencies to all elements of this project will meet or exceed the most recent drainage system guidelines set out by the HCFCD.

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

Indirect and Cumulative Impacts

Comments: Several comments indicated that the Final EIS did not adequately document the potential indirect and cumulative effects of the proposed project, including the effects of traffic on local streets, loss of property tax base, impacts on bayous, impacts to neighborhoods, and other issues.

Response: TxDOT has evaluated the potential indirect and cumulative effects of the proposed project in accordance with NEPA and FHWA guidance, regulations and standards and the analyses that are documented in the Final EIS were prepared in accordance with TxDOT and FHWA requirements.

Mitigation

Comments: Several comments indicated that TxDOT should continue to identify ways to minimize and mitigate project impacts, provide more details about mitigation for adverse impacts, and provide additional mitigation commitments in the ROD.

Response: During development of the proposed project, efforts were made when selecting and analyzing the project alternatives and when identifying the Selected Alternative to avoid or minimize adverse effects to the natural and human environments. When impacts are unavoidable, steps were taken to minimize and mitigate impacts. According to Council on Environmental Quality (CEQ) regulations (40 CFR 1508.20), mitigation efforts include:

• Avoiding an impact altogether; • Minimizing the impact by limiting the degree or magnitude of the action; • Rectifying the impact by repairing, rehabilitating, or restoring the resource; • Reducing or eliminating the impact over time by preservation and maintenance activities; and • Compensating for the impact by replacing or providing substitutes to the impacted resource.

Substantial efforts were made when identifying the Selected Alternative to avoid or minimize adverse effects where possible. Where impacts to resources will require coordination and permitting, processes in accordance with state and federal regulations will be followed with the appropriate jurisdictional agency. See the project technical reports in the Final EIS for detailed discussions of efforts to avoid, minimize, and mitigate impacts to environmental resources, and Section 7 Environmental Permits, Issues, and Commitments in the FEIS. Mitigation discussions and commitments for impacts to community resources are presented in Tables A-1, A-2, and A-3 in Appendix A to the Final EIS and are discussed in detail in the Community Impacts Assessment Technical Report (Appendix F to the Final EIS).

The design of the NHHIP remains open to future design changes and improvements during the post-ROD final design phase. Efforts to further refine and enhance the NHHIP and

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

further minimize its impacts will be undertaken during the detailed final design phase, which is the next step in project development.

Mobility and Traffic

Comments: Several comments indicated that the traffic analysis should be included in the Final EIS or made available for review. Concerns included travel time analysis, congestion, commute times during the construction phase, and impacts on local traffic.

Response: Traffic projections used for the proposed project are based on the 2035 Regional Transportation Plan (RTP) and the 2040 RTP, developed by the Houston‐Galveston Area Council (H-GAC), which is the designated Metropolitan Planning Organization for the eight‐ county Houston‐Galveston Transportation Management Area. The traffic analyses relating to the project also include the following:

• 2004 North-Hardy Planning Studies – Alternatives Analysis Report (Transit Component) • 2005 North-Hardy Planning Studies – Alternatives Analysis Report (Highway Component) • 2014 I-45/Hardy Corridor Study Update, which utilized the 2015 and 2035 H-GAC travel demand models • 2018 NHHIP Alternatives Analysis: Engineering and Traffic Criteria Report • 2018 TxDOT list of Top 100 congested roadways in Texas developed by the Texas A&M Transportation Institute (TTI) • 2018 American Transportation Research Institute’s Top Truck Bottleneck List

The Interstate Access Justification Report (IAJR) includes the most recent traffic analysis for Segments 2 and 3. Traffic demand for peak periods and use in operational analysis were developed by inventorying and reviewing data collection, developing base year traffic (2018) with data and demand review, reviewing H-GAC travel demand model (TDM) scenarios and historical growth, developing growth rates for appropriate segments and traffic movements, and applying to base year traffic for future 2025 and 2045 peak period traffic projections. Vehicle diversions were considered and applied between No Build and Build scenarios based on corridor improvements, vehicle routes, and H-GAC TDM forecast scenarios. The microsimulation traffic models, used for speed and travel time performance measures, maintained consistent overall vehicle inputs to produce a valid direct comparison from No Build and Build model outputs.

These analyses are available on the www.ih45northandmore.com website.

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

Comments: Several comments raised concerns about mobility between downtown and the East End.

Response: TxDOT closely coordinated with the City of Houston to optimize the local street network connectivity in Segment 3, including the cross streets between Downtown and the east side of downtown. One of the key benefits of the project is the restoration of a continuous southbound street parallel to the highway between Commerce and Leeland Street. This restored and improved street (noted as Hamilton in the December 2019 schematic) will reestablish connectivity of four east/west streets that were severed when the George R. Brown Convention Center was constructed (Dallas, Lamar, McKinney, and Walker) and it will improve access between Downtown and areas to the east (East End and Third Ward).

Comments: Several comments questioned whether added lanes would relieve congestion, suggesting that adding lanes encourages Houston drivers to continue to rely on single-occupancy vehicles as the primary form of travel, and mass transit should be added in place of additional car capacity.

Response: The NHHIP provides options to reduce single occupant vehicle driving by replacing the existing reversible single-lane transit-high occupancy vehicle (HOV) lane with four managed express (MaX) lanes (two lanes in each direction) on I-45 from Beltway 8 North to Downtown, for use by transit vehicles, buses, carpools, and future autonomous vehicles, as well as improved pedestrian and bicyclist facilities. This expansion will replace the existing discontinuous reversible transit-HOV lane (open southbound in the AM peak hours and open northbound in the PM peak hours) with 2-way, continuous 24-hour, 7-days-a-week operations. The proposed MaX lanes will accommodate and complement METRO's transit service and future plans.

The Selected Alternative for the NHHIP is designed to enhance safety, create additional roadway capacity to manage congestion, incentivize transit and promote ridesharing, and improve mobility and operational efficiency in the project area. Existing and future congestion, presented with volume to capacity ratios (and level of service), are discussed in Section 1 of the Final EIS. Traffic congestion on the highways in the project area will increase if no improvements are made. TxDOT’s directive is to provide transportation solutions in a way that provides citizens reliability irrespective of their mode choice. TxDOT’s policy directive is not to implement solutions that force modal change or restrict choice, but rather it is to address mobility in an environment where citizens continue to have modal choices.

Comments: Several comments suggested that the traffic projections should be revised because of COVID-19 impacts to traffic.

Response: The traffic projections utilized for the traffic analysis for the NHHIP project were developed based on H-GAC’s regional travel demand model. The forecast year was 2040 and the traffic data was the best available at the time of the NHHIP study. In September 2020, H-GAC released a report on some of the immediate impacts of COVID-19 on traffic volumes, patterns, and transit use in the Houston-Galveston region. https://www.h- gac.com/getmedia/9b2281ce-b285-427a-af68-112c32b23964/Travel-Patterns-Newsletter-

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

Article-September-2020-Update.pdf. The time period of H-GAC’s analysis was approximately March 2020 to mid-September 2020. Regionally, pre-pandemic travel volumes declined by up to 75 percent of baseline volumes through the end of April, then generally increased and after Labor Day through the remainder of September, travel volumes had hovered around 80 percent of pre-COVID volumes. Without certainty of the duration of the pandemic and its long-term effects to traffic volumes and travel patterns, it is not prudent to revise the traffic projections for the NHHIP at this time.

Noise

Comments: Several comments addressed the proposed locations and design of noise barriers and aesthetic walls.

Response: The traffic noise analysis was conducted in accordance with TxDOT’s (FHWA-approved) Guidelines for Analysis and Abatement of Roadway Traffic Noise (TxDOT 2011) and Reasonable Cost Proposal for 2018 Noise Policy. In all, 76 noise barriers are proposed for the Selected Alternative: 7 barriers in Segment 1, 12 barriers in Segment 2, and 57 barriers in Segment 3. The location, length, and height of each noise barrier was determined based on FHWA and TxDOT noise reduction and cost-effectiveness criteria, as discussed in Section 3.6 of the Final EIS and Appendix I: Traffic Noise Technical Report. Any subsequent project design changes may require a re‐evaluation of preliminary noise barrier proposals. The final decision to construct the proposed noise barriers will not be made until completion of the proposed project design, utility evaluation, and polling of adjacent property owners.

TxDOT is also proposing “aesthetic walls” in some areas. TxDOT is proposing this mitigation to further offset adverse effects in environmental justice areas. These walls are proposed where they will be effective for noise mitigation (reduce traffic noise levels by at least 3 dB(A)) in locations in the TxDOT right-of-way where they will not restrict access to the property, not impede drainage, and otherwise be constructible. These locations may change during final design of the facility. Ultimately, the decision whether to construct the walls will be decided by a vote of the adjacent property owners, similar to the process for noise barriers.

Comments: Several comments addressed traffic noise effects and the infeasibility of applying noise abatement in many cases.

Response: The Final EIS explains the recommended feasible and reasonable mitigation for predicted traffic noise impacts based on TxDOT’s (FHWA-approved) Guidelines for Analysis and Abatement of Roadway Traffic Noise (TxDOT 2011) and Reasonable Cost Proposal for 2018 Noise Policy. See Section 3.6 of the Final EIS and Appendix I: Traffic Noise Technical Report. The Traffic Noise Technical Report discusses specific reasons why noise barriers would not be reasonable and feasible at specific locations. At this time, 76 noise barriers are proposed for incorporation into the final design of the project. The proposed locations may change during final design of the facility. TxDOT will hold public noise workshops to solicit the

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

viewpoints of property owners and adjacent to the proposed barriers and allow the property owners to vote as to whether to construct the proposed barriers.

In addition to noise barriers, TxDOT is providing the opportunity for adjacent property owners in environmental justice (high minority and low-income) areas to receive noise mitigation even if they did not otherwise qualify for noise mitigation under TxDOT’s noise guidelines or FHWA criteria. These walls are described as “aesthetic walls” and will be similar to the noise barriers that TxDOT constructs in the Houston area. The proposed walls could also serve as visual barriers should the adjacent property owners want a visual screen between the property and the highway. TxDOT is proposing this mitigation to further offset adverse effects in environmental justice areas. These walls are proposed where they will be effective for noise mitigation (reduce traffic noise levels by at least 3 dB(A)) in locations in the TxDOT right-of-way where they will not restrict access to the property, not impede drainage, and otherwise be constructible. The proposed locations may change during final design of the facility. As with noise barriers, the decision whether to construct the walls will be decided by a vote of the adjacent property owners, similar to the process described for the noise barriers.

Neighborhood Impacts

Comments: Several comments raised concerns about the impacts of the project to neighborhoods, and the evaluation of the impacts.

Response: The analysis of community impacts and impacts to neighborhoods included: displacements; community cohesion; business impacts and economic conditions; parks, open space and hike and bike trails; mobility and accessibility; noise; air quality and community resources; safety; environmental justice; and limited English proficiency. More detailed information about the analysis of air quality, historical resources, traffic noise, and visual impacts is included in separate technical reports that are appendices to the Final EIS. Feedback received during the public engagement period after the Draft EIS was issued resulted in project design changes as well as new information on the project’s environmental concerns, impacts, and mitigation. This input resulted in changes to the EIS, which are reflected in the Final EIS and associated technical reports. Design changes made after release of the Draft EIS are detailed at Section 2.3.5 of the Final EIS.

Specific impacts and mitigation measures for impacts to neighborhoods are detailed in the Final EIS and the Community Impacts Assessment Technical Report (Appendix F to the Final EIS). TxDOT will implement the commitments and mitigation as part of the project development process and into construction as applicable. Where implementation measures may be performed by a third party (e.g., construction contractor), TxDOT will direct the implementation through contracting provisions, specifications and agreements. During construction, TxDOT will oversee and monitor the performance and effectiveness of the mitigation measures.

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

Need and Purpose

Comments: Several comments raised concerns about the purpose and need for the proposed project that is documented in the Final EIS.

Response: Section 1 of the Final EIS describes the purpose of the proposed project and documents the needs for highway transportation improvements in the I-45 project area. Section 2 of the Final EIS discusses the development of alternatives and documents that the alternatives were developed based on the specific goals for the project.

In 2011, following the FHWA’s approval of a draft Need and Purpose Statement and a Draft Agency Coordination and Public Involvement Plan, TxDOT and FHWA began preparation of the EIS to evaluate alternatives to meet the proposed project’s goals in the I-45 and Hardy Toll Road corridors. The need and purpose for the project was developed based on findings of the North-Hardy Planning Studies and refined during analyses for the EIS. Pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), TxDOT and FHWA, as joint lead agencies when the NHHIP EIS was initiated, involved Cooperating and Participating agencies and the public in a formal scoping process for the EIS. Through agency and public scoping meetings, agency and public meetings, and other stakeholder meetings, the federal, state, and local agencies and the public have been afforded the opportunity to participate in defining the need for and purpose of the proposed project; the range of alternatives to be considered for the proposed project, including input on preliminary design concepts; environmental and other factors or issues to be considered; and the process and methods for evaluating the alternatives. The team analyzed and evaluated the alternatives using engineering, traffic, and environmental criteria to determine which alternative would best meet the project’s need and purpose.

Furthermore, the Transportation Policy Council (TPC), the policy board of the 8-county metropolitan planning organization known as Houston-Galveston Area Council initially adopted in 2005 portions of the NHHIP in the federally required 2035 RTP. Since then, the TPC has adopted all portions of the NHHIP in the federally required 2040 and 2045 RTPs in 2015 and 2019, respectively.

Project Design

Comments: Several comments requested additional information about the proposed structural caps in Segments 2 and 3 of the NHHIP.

Response: The Selected Alternative provides structural “caps” over portions of the depressed lanes of the project in these areas:

• Over I-45 from north of Cottage Street to south of N. Main Street (Heights/Near Northside area)

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

• Over I-45 and US 59/I-69 from approximately Commerce Street to Lamar Street (George R. Brown Convention Center/EaDo area) • Over US 59/I-69 from approximately Main Street to Fannin Street, and in the area of the Caroline Street/Wheeler Street intersection (Midtown/Museum District area)

These areas could be used as open space. The open space option is conceptual only and would be separate from TxDOT’s roadway project. Future use of the structural cap area for another purpose would require additional development and funding by entities other than TxDOT. TxDOT will continue to coordinate with the City of Houston and the stakeholders committed to developing enhancements for each of the highway caps to ensure safe pedestrian-bicycle access across adjacent streets is incorporated into the detailed design.

Comments: Several comments raised concerns about eliminating the N. Main Street off-ramp, relating to movement or safety of vehicles, pedestrians, or cyclists trying to travel through adjoining neighborhoods.

Response: The existing southbound exit ramp to N. Main Street is not included in the project design due to design standards. The existing ramp could not be maintained without additional right-of-way and closure of Cottage Street to vehicular traffic across I-45. Preliminary design for a southbound exit ramp near Patton Street is under review; adding this ramp will be further explored during the detailed design phase.

Comments: Several comments requested that Nance Street continue from the west to east sides of the proposed project.

Response: The proposed design provides east‐west connectivity along I‐10 with the proposed Rothwell Street and Providence Street connections. The new east‐west connections will be grade‐ separated at railroads to provide unimpeded flow. During detailed design, TxDOT will evaluate adding a westbound I‐10 frontage road connection across I-69 between Meadow Street and Jensen Drive.

Comments: Several comments requested the North Street bridge not be removed, indicating that Main Street will not accommodate traffic from the neighborhood, including White Oak Music Hall and other developments. One comment raised a concern about emergency evacuation from the Near Northside neighborhood if the North Street bridge is removed.

Response: Throughout the alternatives development, TxDOT looked at every feasible option to retain the North Street bridge over I-45. However, the improvements required to raise I-45 out of the floodplain and to provide the requested enhanced access from Quitman Street conflicted with the elevation of the bridge. TxDOT understands the importance of the North Street bridge to the local communities for access to Travis Elementary and for access to the White Oak Music Hall. To enhance circulation between the east and west side of I-45 without the North Street bridge, the NHHIP will add a new northbound frontage road between Quitman and North Main Streets. This will allow neighborhoods on the east side

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

to access points of interest on the west side using North Main Street to Houston Avenue and return by using Quitman Street and the new northbound frontage road without having to enter I-45 at Quitman Street and exit soon after at North Main Street as currently required. North Main and Quitman Streets will have improved pedestrian and bicycle accommodations that separate these movements from vehicular traffic. In addition, raising I-45 above the floodplain creates the opportunity to make a first ever connection between Woodland Park and Moody Park along Little White Oak Bayou under I-45.

In regard to potential effects to emergency evacuation from the Near Northside neighborhood if the 2-lane North Street bridge is removed, Quitman Street and North Main Street will continue to provide access to the west from this area of Near Northside. In addition, Glenn Park Drive, which currently connects to the North Street bridge from Near Northside, will connect to the new northbound frontage road between Quitman and North Main Streets, allowing for access to northbound I-45, which will have increased capacity.

Comments: Several comments suggested or requested other specific project design changes.

Response: The design of the NHHIP remains open to future design changes and improvements during the post-ROD final design phase. The federal process to obtain environmental clearance is based on a schematic level design needed for completing impact analysis and identifying mitigation for adverse impacts that cannot be avoided per the current level of design. Efforts to further refine and enhance the NHHIP and further minimizing its impacts will be undertaken during the detailed final design phase, which is the next step in project development.

Comments: Several comments requested information about continuing discussions on the final design of the NHHIP after issuance of the Final EIS.

Response: Efforts to further refine and enhance the NHHIP and further minimize its impacts will be undertaken during the detailed final design phase, which is the next step in project development. For more information regarding next steps after issuance of the ROD and the possibility of design changes after the ROD, please refer to the “What is an FEIS?” white paper at http://www.ih45northandmore.com/NHHIP_Project_Facts_And_Highlights.aspx.

Property Acquisition

Comments: Several comments requested information about the effect of the proposed project right-of- way to individual properties, and the timing of right-of-way acquisition.

Response: The proposed schematic design for the Selected Alternative, which shows the existing and proposed right-of-way, can be viewed on the project website in two ways:

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

1. Interactive project web map: a. Go to www.ih45northandmore.com b. Click on “Interactive Project Web map” on the left side of the screen under “Quick Links” c. Enter the property address or place in the “Find address or place” search box.

2. PDFs of the project schematics: a. Go to www.ih45northandmore.com b. Click on “Updated Design Schematics” on the left side of the screen under “Quick Links” c. Select the highway and limits in which the individual property is located.

After the ROD, project development will continue, including final design, right-of-way acquisition, utility relocation, mitigation activities related to environmental impacts, and construction of the project. TxDOT considers advance acquisition on a parcel by parcel basis and is proceeding with advance acquisition of some right‐of‐way, per property owner requests. For additional information about specific properties, please contact the TxDOT Public Information Office at [email protected].

Public Involvement

Comments: Several comments raised concerns about how community input was considered and questions were asked about how TxDOT will provide information to the affected people and the communities in a timely manner in the future.

Response: Public involvement for the NHHIP is discussed in Section 8 of the Final EIS, including from 2001 through the most recent activities in 2020. During that time, TxDOT participated in more than 300 public and stakeholder meetings, and consultations with experts and interested parties. Information received from stakeholders, including individuals, neighborhood associations, civic clubs, and others was taken into consideration as project alternatives were developed and refined and was incorporated into the Selected Alternative to the extent possible.

Public engagement and stakeholder involvement opportunities will continue as the project proceeds into future project development phases. Although the ROD marks the end of the NEPA process, TxDOT intends to continue meeting with stakeholders and accepting public input during further project development phases. For example, TxDOT will coordinate with the City of Houston and affordable housing providers on plans for building affordable housing for displaced residents. Project development after the ROD will include final design, right-of-way acquisition, utility relocation, mitigation activities related to environmental impacts, and construction of the project. TxDOT also anticipates continued refinements and

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

improvements to the project as the project enters the final design phase and additional input is received from the public and other stakeholders.

Project Schedule

Comments: Several comments asked for information about construction schedules.

Response: The estimated potential construction start dates for the NHHIP are set forth below. These estimates are subject to change.

Segment 1 — no sooner than 2026 Segment 2 — no sooner than 2024 Segment 3 — late 2021

Safety

Comments: Several comments raised concerns about safety, including potential increase in traffic accidents as highway speeds increase, need to enhance safety, and the need to reduce speeds on frontage roads to improve safety for people utilizing transit.

Response: TxDOT designed the NHHIP so that it increases safety for drivers, cyclists and pedestrians by improving freeway and local street mobility. Safety is a key component of the project need and purpose and is incorporated into all aspects of the planning and engineering of the proposed project. The NHHIP includes over 26.4 miles of freeway including the Downtown loop system in the heart of Harris County. Many of these roadways have significant operational and safety needs and do not meet current FHWA or TxDOT design standards.

The NHHIP will bring the outdated infrastructure of the freeways up to current design standards along with reducing critical safety conflicts by reducing the instances of weaving distances to exits of less than 1,500 feet, eliminating crowded merging locations in short spaces, eliminating or fixing left-hand exits and entrances, and raising low bridge clearances. By addressing these safety conflicts, the NHHIP will reduce the crash frequency and severity for each freeway within the project limits. Based on the analysis conducted for the FHWA NHHIP Segments 2 and 3 Interstate Access Justification Report (IAJR) (August 2020), all freeways show an anticipated reduction in crash rates by at least 20% with a 28% reduction in fatal and injury crashes.

Improving safety and reducing crash frequency will contribute to travel time reliability. In addition, the proposed MaX lanes on I-45 will provide a 2-way, 24-hour/7 days-a-week dedicated right-of-way for the management of traffic. This added capacity will be managed by either type of vehicle, capacity, and/or ingress/egress points. This increased capacity means more users can access the system which has a subsequent benefit of a reduction in congestion on the local street network as well.

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

TxDOT is proposing bicycle and pedestrian enhancements at all crossings and connections to current pedestrian elements. TxDOT partnered with the City of Houston to develop the design concept of the pedestrian-bike realm for the NHHIP. TxDOT and the City have identified the specific application of the pedestrian-bike realm on the 44 Downtown streets that cross the freeways that includes separate and adjacent sidewalks and bike paths. This increased width will create a buffer between the bicycle and pedestrian travelers and vehicle traffic, which is an important safety design feature. Accessible sidewalks will also be constructed and connected along frontage roads and an added pedestrian-bike realm at cross streets will include dedicated bicycle and pedestrian lanes separated from vehicular lanes by a 5-foot wide buffer zone. TxDOT is coordinating with the City of Houston to continue this partnership for the application of the pedestrian-bike realm on the streets that cross the freeways in Segments 1 and 2.

TxDOT will coordinate with schools in the project area regarding safe routes for school children traveling on foot, including the potential for additional pedestrian enhancements.

During detailed design, TxDOT will evaluate the function of the frontage roads where traffic is transitioning from higher speed mainlanes to lower speed frontage roads, and will determine whether design criteria should be implemented to reduce speeds on frontage roads.

Environmental Justice

Comments: Several comments raised concerns about the effects to low-income and minority individuals and communities and requested that TxDOT revise the project to reduce adverse impacts. Concern was also expressed regarding mitigation for adverse impacts.

Response: Mitigation in the form of avoidance, minimization and specific mitigation commitments was fully considered with input from the affected communities. The anticipated impacts will be made less severe based on the commitments made as a result of this mitigation, which is summarized in Section 5 of the ROD. The effects of the proposed project on minority and low-income communities are fully addressed in Final EIS Section and Section 5.9 of the Community Impacts Assessment Technical Report (Appendix F to the Final EIS).

The NHHIP is a large and complex, 26.4-mile long undertaking in a city that is predominantly minority. Segments 1, 2, and 3 of the NHHIP are 87 percent, 83.5 percent, and 73.6 percent minority, respectively, as measured by adjacent Census block groups. Similarly, 10 of the 17 super neighborhoods in the study area are predominantly minority. Adverse effects from the proposed project will be experienced by environmental justice (EJ) populations.

Where possible, the alignment options for the project have been refined through the NEPA process to minimize impacts. Environmental commitments and mitigation measures identified in the Final EIS address impacts from the NHHIP construction and operation activities that may affect EJ populations. TxDOT proposes measures to mitigate adverse

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

impacts throughout both EJ and non-EJ communities. TxDOT will, however, provide enhanced outreach to EJ communities, particularly Spanish-speaking communities with limited English proficiency, to implement mitigation strategies effectively in those communities.

TxDOT has made a number of commitments to offset the adverse effects of the project on EJ populations related to relocation of residences and facilities, affordable housing, local access, pedestrian safety, traffic noise, air quality, and homelessness. In some of these areas there will be improvements over the existing conditions such as new facilities for the residents of Clayton Homes and Kelly Village, restoring local access in the area around the I-45/Loop 610 interchange, providing the opportunity for noise barriers, and improving safety (e.g., improved pedestrian and bicycle accommodations) on cross-streets in neighborhoods. Overall, the proposed improvements to the existing freeway facilities will have benefits that extend to environmental justice populations including improved safety, expanded capacity for transit use, and improved drainage. Taking into account proposed minimization and mitigation measures and added benefits, the proposed project will not result in disproportionately high and adverse effects to environmental justice populations.

This analysis considered community resources (specifically neighborhoods/community facilities and environmental justice populations), discussed the health of these resources and relevant trends, and identified a specific resource study area (RSA) boundary and appropriate temporal boundary for the analysis. Direct and potential indirect impacts were summarized for this resource. Past, present, and reasonably foreseeable future actions were identified through research, interviews, and cartographic analysis. The construction of the proposed project was considered in conjunction with these other actions to consider cumulative impacts. This analysis provided detailed information about community resources within the RSA for the proposed NHHIP project and described the extensive public and private activities that have evolved over time to help protect these resources.

Comments: Several comments raised concerns about the effects to homeless individuals.

Response: TxDOT will continue to coordinate with the City of Houston and other local homeless services providers to develop a plan to assist in the relocation of the homeless population in a safe and appropriate manner.

Socioeconomic Impacts

Comments: Several comments raised concerns about social and economic impacts of the proposed project.

Response: TxDOT has developed the NHHIP to meet the project’s need and purpose and also avoid, minimize, and mitigate environmental impacts. The potential impacts to social and economic resources are documented in the Section 3 of the Final EIS and in the Community Impacts Assessment Technical Report (Appendix F to the Final EIS). The Final EIS identifies

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

the mitigation measures to address adverse impacts of the proposed project to community resources and businesses.

Transit

Comments: Several comments indicated there is a need for additional transit (high-occupancy vehicle, bus rapid transit (BRT) and high speed rail) in the I-45 corridor. Also, several comments supported increases in bike lanes and public transportation, including extending light rail lines and weekend and late-night bus services; improving transit connections; and integrating the METRONext Moving Forward Plan.

Response: The NHHIP has been designed to be compatible with transit infrastructure in the area and TxDOT continues to coordinate with METRO. Section 1 of the Final EIS explains that high capacity transit was considered during the North‐Hardy Corridor Studies, which were jointly initiated by TxDOT, METRO, and the 8-county metropolitan planning organization known as the Houston‐Galveston Area Council (H‐GAC). Modes of transportation addressed in the North Hardy Corridor Studies included transit (bus and rail) and highway. The studies identified a need for alternative transportation modes in the north Houston corridor between Houston’s Central Business District and Bush Intercontinental Airport.

A major transit investment outcome of these studies was METRO’s delivery of the extension of the light rail Red Line from Downtown north to the Northline Transit Center in 2013. The H-GAC High Capacity Transit (HCT) Task Force completed their Phase I study in 2019 and will continue to work with METRO and other transit agencies in the region to advance HCT.

The proposed NHHIP will address the issues identified in the studies for the freeways. The proposed highway improvements of the NHHIP will accommodate METRO’s current and future transit bus service. The proposed MaX lanes will provide 2‐way, 24-hour/7-day-a-week operations for high capacity transit bus service and are included in the METRONext plan. The MaX lanes will have a flexible footprint for high- occupancy vehicle (HOV), bus and rubber‐tire high‐capacity transit (e.g., Bus Rapid Transit [BRT]) and future autonomous vehicles. TxDOT will continue to coordinate with METRO during the final design phase of NHHIP to incorporate other elements of the METRONext plan, such as the University Line BRT and 2‐way express bus service along US 59/I-69. TxDOT will work with METRO to keep to a minimum the temporary disruptions to light rail and bus transit services during the construction of the NHHIP.

New pedestrian and bicyclist facilities can build neighborhood connections and provide an increased sense of safety within the community. Although pedestrian and bicycle access may be temporarily impacted during construction, the numerous improvements being made will allow greater access once completed. TxDOT is proposing bicycle and pedestrian enhancements at all crossings and connections to current pedestrian elements with the NHHIP. These enhancements were developed in partnership with the City of Houston Department of Public Works and Department of Planning. This partnership produced the

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

design concept of pedestrian-bike realm, which is comprised of all or a varying combination of three elements, a buffer space, bike lane and sidewalk, all separate from the vehicle travel lane and behind a protective curb on both sides of the cross-street. TxDOT and the City have identified the application of the pedestrian-bike realm on the 44 Downtown streets that cross the freeways in Segment 3. TxDOT is coordinating with the City of Houston to continue this partnership for the application of the pedestrian-bike realm on the streets that cross the freeways in Segments 1 and 2. This increased width will create a buffer between the bicycle and pedestrian travelers and vehicle traffic, which is an important safety design feature. Accessible sidewalks will also be constructed and connected along frontage roads.

Visual and Landscaping

Comments: Several comments indicated the Final EIS does not adequately address the visual impacts of the project.

Response: A technical analysis of visual resources and aesthetic impacts is included in the Final EIS (Appendix L). As indicated by FHWA’s Guidelines for the Visual Impact Assessment of Highway projects (January 2015), design-related mitigation considerations often occur during the design process rather than during NEPA but may result from input received on the project during the public involvement process. Some types of specific design elements and specific details regarding design elements cannot be determined until the project enters the final design phase, after completion of the NEPA process. However, certain elements intended to mitigate the visual impacts of the project were considered during the NEPA process, as discussed below.

Roadway and structural design were developed to be compatible with the surrounding natural and cultural environment in order to minimize visual impacts. TxDOT anticipates continued refinements and improvements to the proposed project and mitigation measures during detailed project design. Where practicable, mitigation to improve the visual and aesthetic qualities of the project area will include the following features:

• Landscape plantings and revegetation per TxDOT's Green Ribbon Landscape Improvement Program, which allocates funds for trees and plants within roadway ROW. • Promoting roadside native wildflower planting programs. • Noise barriers which are integrated into the context of the surrounding environment. • Providing adequate signage and easy access to roadway facilities. • Treatment of the side surfaces and columns of the project using façade materials of varying texture, color, etc. • Installing landscaping and maintenance for the storm water detention basins.

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

• Coordinating with local groups and agencies to accommodate enhancements to standard landscaping and recreation use of open space in and around storm water detention areas, where feasible. Wet bottom storm water detention basins will be considered if a partner entity agrees to maintain them. The storm water detention areas will not be designated as parks as their primary use is for drainage and flood mitigation. • Miscellaneous aesthetic improvements along Heights Bike Trail between Taylor Street and Main Street will be provided (coordinated by TxDOT with City of Houston, Houston Parks Board, and other entities). • Conducting the design of bridges in the area of the Near Northside neighborhood as a collaboration between the Greater Northside Management District and TxDOT. • Conducting the design of bridges over Sam Houston Park and Buffalo Bayou as a collaboration between the management districts or neighborhood groups and TxDOT.

The project will be developed under TxDOT's Green Ribbon Program, which allocates funds for trees and plants within roadway ROW. TxDOT will apply the Green Ribbon themes to the proposed project, including landscaping and hardscaping elements. A detailed landscaping plan will be developed as part of the final design process. Landscaping will include regionally native plants for landscaping and implementing design and construction practices that minimize adverse effects on the natural habitat. To the extent possible, the proposed project will be designed to create an aesthetically and visually pleasing experience for both roadway users and roadway viewers.

There are opportunities for aesthetic enhancements under elevated sections of the highways. The Mayor of Houston has appointed a committee to oversee the potential designs and funding options for uses for the open space areas in Segment 3 and TxDOT will consider its recommendations.

All lighting will be in accordance with the Texas Health and Safety Code Title 5 425.002 regarding light pollution. To the extent possible, outdoor lighting fixtures will only be installed and operated if the purpose of the lighting cannot be achieved by the installation of reflective road markers, lines, warning, or informational signs, or other effective passive methods. Additionally, full consideration will be given to energy conservation, reduction of glare, minimizing light pollution, and preserving the natural light environment. An example of commonly used lighting meeting these considerations is the use of high-pressure sodium lamps equipped with glare shields.

TxDOT has been consistent in noting that some elements proposed by the City of Houston and other stakeholders may require third party funding due to their significant variance from the Green Ribbon Guidelines and Standards, which may increase their respective cost to fabricate and construct. TxDOT will also provide opportunities for reforestation and

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

landscaping following construction with both TxDOT funded projects and third-party funded landscaping enhancements.

In the final design phase, TxDOT will consider the City of Houston’s request that TxDOT adopt, design, and build new highway components with a neutral theme so that highway elements visually recede and green landscaped components become more prominent, to the extent practicable.

Water Quality

Comments: Several comments indicated that the Final EIS does not indicate how TxDOT will mitigate for water quality impacts or treat stormwater.

Response: Best management practices (BMPs) to address surface water runoff and water quality considerations are discussed in the Final EIS Section 3.7.4 and Section 7.8.2. As part of TxDOT’s MS4 permit, TxDOT minimizes potential stormwater pollutants to the maximum extent practicable, including the use and maintenance of post‐construction BMPs.

TxDOT will continue coordinating with the HCFCD during development of the proposed project, and during final design will consider HCFCD’s requests that TxDOT commit to providing nature-based stormwater quality features within the proposed storm water detention basins, where practicable; consider measures to reduce the amount of trash and debris that will be washed into District channels through the roadway drainage system; and assess velocity to ensure erosion along the receiving streams are not exacerbated and that TxDOT implement the appropriate measures, with the preference on green approaches, to protect those portions of receiving streams that are vulnerable to erosion.

Water Resources

Comments: Several comments raised concerns about impacts on stream environmental function.

Response: As discussed in Section 7.10 of the Final EIS, if construction of the Selected Alternative requires permit authorization from the U.S. Army Corps of Engineers (USACE), the USACE’s wetland and stream functional assessment procedures would be used to identify wetland and stream functions and services, which would serve as the basis to develop compensatory mitigation to be considered as part of the permit review and evaluation.

TxDOT will continue coordinating with the HCFCD during development of the proposed project, and during final design will consider HCFCD’s request that TxDOT work with the district to determine appropriate efforts to mitigate impacts to channel stability, riparian buffer conditions, aquatic life, water quality, and channel aesthetics, if modifications along HCFCD’s open channel networks are required to accommodate the NHHIP alignment or drainage improvements.

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

Green space/Open space

Comments: Several comments raised concerns about adverse effects to Bayou Greenways and other green space and open space and the conclusion that the White Oak Bayou green space is not designated parkland. Increasing the amount of green space was also recommended.

Response: TxDOT designers worked to minimize impacts to open space throughout the project area. TxDOT understands the critical function of White Oak Bayou for conveyance of storm water, and will design the highway system as it crosses and parallels White Oak Bayou between Quitman Street and Downtown with this in mind. A significant portion along the west side of the main channel between I-10 and the proposed Downtown Connectors is proposed to contain storm water detention pond features under some of the elevated highway bridges and interchange connectors. Highway elements, including but not limited to columns, will be located in a manner that does not adversely impact the conveyance of storm water in drainage channels.

TxDOT also will work with the City of Houston and others to identify opportunities on the southwest side of the channel to expand the local trail system. The storm water detention areas are expected to provide opportunities to build future additional trails, and design will provide for future reforestation and landscaping projects by both TxDOT and third parties. TxDOT will provide design requirements for the finished grade along the channel and around the storm water detention areas that provide for future trails and that identify future reforestation and landscaping areas. Additionally, TxDOT will coordinate with the City and the community for other potential public space uses around these storm water detention areas and future trails.

Section 4(f) resources are discussed in Section 3.18 of the FEIS and in the Final Section 4(f) Evaluation (Appendix O to the Final EIS). “Open space” is only considered a Section 4(f) resource if it is designated and the primary purpose of the property is for recreation. The open areas along the bayou “greenways” in the project area do not qualify as parkland under Section 4(f) because, as reflected in the legislation creating the HCFCD, and as further confirmed in the interlocal agreements between the HCFCD and the City, the primary use of the property along the bayous is for drainage and flood control. Any recreational use of these properties is secondary and incidental and does not subject these areas to Section 4(f) protection. Even so, efforts have been made to maintain existing open space and proposed storm water detention areas are being evaluated as potential open spaces. TxDOT will coordinate with local groups and agencies to accommodate enhancements to standard landscaping and recreational use of open space in and around storm water detention areas, where feasible. Additionally, TxDOT is working with the City to identify highway cap areas that would serve to create even more open space and to ensure that safe bicycle and pedestrian access across adjacent streets is incorporated into the final design.

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

The Selected Alternative includes a structural “cap” at several locations in Segment 3 and one location in Segment 2. These areas could be used as open space. The open space option is conceptual only and would be separate from TxDOT’s roadway project. Any open space project would require development and funding by parties other than TxDOT.

Historic Resources

Comments: Several comments raised concerns about the impact of the project on historic resources and the historic nature of the project area.

Response: All historic‐age resources in the project's Area of Potential Effects were surveyed, documented, and evaluated for National Register of Historic Places (NRHP) eligibility. The NRHP eligibility determinations received concurrence from the Texas Historical Commission. The project will have an adverse effect on a total of five historic properties: the Houston Warehouse Historic District, the Carlisle Plastics North Warehouse, the Readers Distributors Warehouse, the Cheek-Neal Coffee Company Building and associated property parcel 2, and Rossonian Cleaners. Section 3.15 of the Final EIS summarizes adverse direct effects, indirect effects, and cumulative impacts of the proposed project to historic resources. The September 2019 Historical Resources Survey Report — Update (Appendix H to the Final EIS) contains a full discussion of direct, indirect, and cumulative effects to all identified historic properties in the defined Area of Potential Effects. Adverse effects to historic resources as a result of this project have been minimized with careful planning and will be mitigated. Section 7.15 of the Final EIS discusses design refinements, design‐build prescriptives (i.e., restrictions and special commitments), and mitigation for adverse effects to historic resources. Extensive work was done in several phases by qualified historians to assess potential impacts to historic age resources; please refer to the Historic Resources Survey Report. Additionally, TxDOT has entered into an agreement with the Advisory Council on Historic Preservation and the Texas State Historic Preservation Officer regarding TxDOT’s commitments with respect to treatment of historic properties (Appendix R to the Final EIS).

Supports the Project

Comments: Several comments expressed support for the proposed project. Some of the comments noted: the project would improve safety and lessen congestion along the corridor; incorporating BRT in the managed lanes will improve and expand transit opportunities; the project will improve mobility, connectivity, air quality and address flood mitigation as well as attract economic development; proposed improvements for pedestrians and bicyclists are needed; the facility will provide shoulders on both sides of the roadway and make the lanes wider, which will improve safety; and displacees from Clayton Homes and Kelly Village will have new residences that are better than what they currently have.

Response: TxDOT acknowledges and appreciates the comments submitted in support of the NHHIP.

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

Opposed to the Project

Comments: Several comments indicated opposition to the proposed project, with various reasons including: the project takes too much right- of-way; additional lanes are not needed; removal of green areas; traffic projections are inaccurate; affordable housing will be an issue; ignores flooding issues; significant impacts to low-income/minority areas; costs too much money; does not focus on transit; will increase pollution; Hardy Connector will help alleviate some of the traffic problems this project proposes to address; and requests to consider implementing the City of Houston plan.

Response: TxDOT acknowledges and appreciates the comments submitted in opposition of the NHHIP. In consideration of all of these comments, TxDOT has addressed the substantive issues raised in these comments to the maximum extent practicable given the current stage of project development. Also, although some stakeholders may not agree, the NHHIP is a much needed project that has evolved over the years with valuable input from the community to include many tangible benefits for the Houston area. As described in the Final EIS, the project is needed to relieve traffic congestion, update the freeways to current design standards, improve storm water drainage on the freeways, and improve the I-45 evacuation route. TxDOT recognizes that the Selected Alternative has impacts and is committed to implementing the identified mitigation measures to address the unavoidable adverse impacts. TxDOT is committed to continuing to meet with stakeholders and accepting public input during detailed design and other future project development phases. Throughout the final design phase of the project, TxDOT will continue to monitor design changes/refinements and will determine if project impacts would change and if changes to mitigation commitments are warranted.

Greenhouse Gas Emissions and Climate Change

Comments: Several comments observed that the Draft EIS included a project-level assessment of greenhouse gas (GHG) emissions and climate change, while the Final EIS included a statewide analysis of GHG and climate change; some comments stated the Final EIS does not mention GHG and climate change; and some comments stated the information included in the Final EIS is not sufficient.

Response: TxDOT has prepared a Statewide On-Road Greenhouse Gas Emissions Analysis and Climate Change Assessment technical report, which can be found at https://ftp.dot.state.tx.us/pub/txdot-info/env/toolkit/725-01-rpt.pdf.

A summary of key issues in this technical report (which details how TxDOT is responding to a changing climate) is provided in Section 4 of the Final EIS. This statewide approach was consistent with the CEQ draft Guidance on the Consideration of Climate Change in NEPA Reviews (dated June 26, 2019). A summary of key issues in this technical report is provided in Section 4 of the Final EIS. Please refer to the statewide technical report for more details,

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

including the climate change assessment and how TxDOT is responding to a changing climate.

Supplemental EIS

Comments: Several comments stated that the new information included in the Final EIS and changes to the Recommended Alternative should be documented in a Supplemental EIS.

Response: The content of the Draft EIS was compliant with the requirements of the Council on Environmental Quality, FHWA, and TxDOT. Accordingly, TxDOT is not required to prepare a supplemental Draft EIS.

Pursuant to 23 USC §139(f)(4)(d), TxDOT developed the Proposed Recommended Alternative to a higher level of detail in order to facilitate the development of mitigation measures and to comply with other federal requirements. Additionally, as explained in the Final EIS, based on stakeholder input and engineering review, changes to the design of the Preferred Alternative as presented in the Draft EIS were developed in each of the project segments. Some of the design changes were made to avoid impacts to parks. Other design changes also included modifications to intersections, proposed storm water detention basins, ramp and direct connector refinements, a pedestrian-bike trail connection, frontage road and surface street realignments, ramp modifications, realignment of the Downtown connectors, and managed lane connections to the Downtown area.

The inclusion of this new information and the resulting changes in impacts documented in the Final EIS are consistent with 23 CFR §771.130 and do not result in new significant impacts relative to those evaluated in the Draft EIS, therefore a Supplemental EIS is not warranted.

Deadline for Comments on the Final EIS

Comments: Several comments requested that the time period for public review and comment on the Final EIS be extended.

Response: The Final EIS was released for public review on September 25, 2020 on the project website www.ih45northandmore.com and the official Notice of Availability (NOA) was published in the Federal Register on October 9, 2020. TxDOT proactively elected to solicit public comments on the document within 30 days of the publishing of the NOA in the Federal Register to further welcome and encourage public engagement, even though solicitation of public comments at the final EIS stage is not required under NEPA or NEPA-implementing regulations. TxDOT also arranged for in-person review of the Final EIS at its Houston District headquarters office located at 7600 Washington Avenue Houston, Texas 77007. This TxDOT office is nearest to the NHHIP corridor and had the additional benefit of being directly along METRO’s bus route 85, with bus stops immediately in front and nearby the office. This

Appendix B – Responses to Issues Commonly Raised in Comments Received on the Final EIS

particular bus route has service in and from Downtown where many transfer connections can be made with other bus and light rail routes.

In response to requests by elected officials, agencies, and other stakeholders, TxDOT granted an additional 30 days for accepting public comments, and the due date for submittal of comments on the Final EIS was extended from November 9, 2020 to December 9, 2020. When combined with the additional two weeks of availability in advance of the NOA publishing date, this provided a total of 75 days to submit comments to TxDOT for consideration in preparation of the ROD. Finally, TxDOT has included in the official documentation any communication postmarked by or received on December 18, 2020, which represents a 9-day grace period

Timing of MOU between TxDOT and local agencies

Comments: Several comments suggested the Memorandum of Understanding (MOU) between TxDOT and several local agencies be completed before TxDOT issues a ROD for the NHHIP.

Response: TxDOT has been coordinating with the Transportation Policy Council (TPC) of the H-GAC to document the commitments from TxDOT, City of Houston, Harris County, HCFCD, METRO, and the TPC in regard to the continued planning and implementation efforts of the NHHIP. TxDOT will remain engaged in collaborating with these agencies on the project.