Roosevelt
Blvd.is a better connector between Beltline and 99, it
serves northwest Eugene neighborhoods better than WEP could. Some
local traffic would use Roosevelt, regional through traffic would bypass
on Belt Line.
transfer WEP money to finish Beltline,
fix Roosevelt / 99 intersection two options for completing Beltline: (1) if Peak Oil is here,
(2) if Peak Oil is not yet here. The larger option could convert
Beltline to an interstate highway - perhaps I-605?
transfer ODOT / City lands for WEP to BLM's
West Eugene Wetlands Project
new roads:
First - 99 - Second Connector, Barger Road Extended & Trainsong
Connector (to NW Expressway)
fix West
11th intersections (would cost about $2 million, the cost
to complete WEP study), other road repairs
bicycle paths and lanes, pedestrian safety enhanced by road test for
drivers license renewals
land use shifts to coordinate transit and development, mixed use centers,
co-housing neighborhoods
"Saving Oil in a Hurry" - practical steps
toward coping with sudden energy shortages, road safety, speed limits
upgrade Amtrak to enable high speed trains to Seattle
Second and Garfield: ideal location for Eugene's
new hospital (central
& accessible)
Peak Oil and climate change are "new circumstances" that requires reopening
the NEPA process
City of Eugene Adopted Growth Management Policies
violated by WEP
Endangered
Species Act: a "license to kill" - Road Kill: Fender's
Blue Butterfly and Car Fenders
controlled burning for wet prairie restoration incompatible with WEP
environmental
justice: WEP traffic dumped onto 6th and 7th would severely impact
Whiteaker neighborhood
plants of the West Eugene Wetlands - photos by Linda Swisher
Endangered
Species Act: a "license to kill" - Road Kill: Fender's
Blue Butterfly and Car Fenders
controlled burning for wet prairie restoration incompatible with WEP
Supreme Court Justice William O. Douglass
- a letter that protected a
park from a parkway
sand
and gravel - impacts of an elevated WEP in the wetlands
“You must remember one thing. At the
Constitutional level where we work, ninety percent of any decision is
emotional. The rational part of us supplies the reason for supporting
our predilections.”
– Charles Evans Hughes, Chief Justice, US Supreme Court
At the May 29, 2002 Eugene / Springfield / Lane County /
LTD public hearing to amend the TransPlan, West Eugene Wetlands Plan,
Metro Plan and Rural Comprehensive Plan, FHWA Oregon Division administrator
Dave Reilly reminded the officials that federal aid highways cannot
be segmented into smaller pieces to avoid disclosure of the full impact
of the project, require logical termini
when approved, must meet a purpose
and need, and must be fiscally constrained.
The City of Eugene summary of his testimony severely downplayed
his comments:
“Dave Riley, Federal Highway Administration (FHWA),
Salem, reviewed the NEPA process requirements as they related to highway
projects in which it had financial involvement. He emphasized the importance
of the West Eugene Parkway to the national highway system. Mr. Riley
submitted written testimony.”
The FHWA testimony did not merely discuss the NEPA process.
The agency specifically warned that logical termini, segmentation, fiscal
constraint and independent utility were issues that needed to be addressed
before they could sign a Record of Decision.
In July, 2002 Eugene, Springfield, Lane County and Lane
Transit District amended the West Eugene Wetlands Plan, TransPlan, Metro
Plan and Rural Plan to include the West Eugene Parkway, a bypass of the
West 11th commercial strip. But approval at the local level does not necessarily
mean that it will be built – like all federal aid highways, the
ultimate decision will be made by the Federal Highway Administration (FHWA).
Some of the hurdles blocking the bulldozers include Oregon’s land
use laws (which prohibit new urban freeways outside urban growth boundaries),
the National Environmental Policy Act, the Endangered Species Act, FHWA
regulations regarding highway approval, the Clean Water Act, and Section
4(f) of the Transportation Act (which prohibits federally funded roads
through parks and wildlife refuges).
Laws that
ODOT must comply with -
from Oregon Highway Plan
Federal Endangered Species
Act - Oregon Endangered Species Act
Federal Clean
Water Act and the Oregon Water Quality Standards Section 404 of the Clean Water
Act and Corps Regulations and the Oregon Removal/Fill Law
Location and Hydraulic Design of Encroachments on Floodplains
Executive Memorandum on Landscaping Guidelines
Wild and Scenic Rivers Acts (federal and state)
Cultural, Social, Land Use, Aesthetics
National Historic Preservation Act of 1966
Oregon Historic and Scenic Highways Act
Oregon Land Use Program and Statewide Planning Goals
Uniform Relocation Assistance and Real Property Acquisition Act
Civil Rights Act (Title VI)
Farmland Protection Policy Act Executive Order 12898 (Environmental
Justice)
Noise, Air Quality, and Hazardous Material
FHWA Noise Standard
Federal Clean Air Act Amendments - State and Federal Conformity Rules
Federal Comprehensive Environmental Response, Compensation and Liability
Act
Resource Conservation and Recovery Act
Categorical
Exclusions - could be used for the smaller version of the WETLANDS
alternative
23 CFR 771 Sec. 771.117 Categorical exclusions.
(a) Categorical exclusions (CEs) are actions which meet the definition
contained in 40 CFR 1508.4, and, based on past experience with similar
actions, do not involve significant environmental impacts. They are actions
which: do not induce significant impacts to planned growth or land use
for the area, do not require the relocation of significant numbers of
people; do not have a significant impact on any natural, cultural, recreational,
historic or other resource; do not involve significant air, noise, or
water quality impacts; do not have significant impacts on travel patterns;
and do not otherwise, either individually or cumulatively, have any significant
environmental impacts.
(b) Any action which normally would be classified as a CE but could
involve unusual circumstances will require the Administration, in cooperation
with the applicant, to conduct appropriate environmental studies to determine
if the CE classification is proper. Such unusual circumstances include:
(1) Significant environmental impacts;
(2) Substantial controversy on environmental grounds;
(3) Significant impact on properties protected by Section 4(f) of the
DOT Act or section 106 of the National Historic Preservation Act; or
(4) Inconsistencies with any Federal, State, or local law, requirement
or administrative determination relating to the environmental aspects
of the action.
(d) Additional actions which meet the criteria for a CE in the
CEQ regulations (40 CFR 1508.4) and paragraph (a) of this section
may be designated as CEs only after Administration approval. The applicant
shall submit documentation which demonstrates that the specific conditions
or criteria for these CEs are satisfied and that significant environmental
effects will not result. Examples of such actions include but are not
limited to:
(1) Modernization of a highway by resurfacing, restoration, rehabilitation,
reconstruction, adding shoulders, or adding auxiliary lanes (e.g.,
parking, weaving, turning, climbing).
(2) Highway safety or traffic operations improvement projects
including the installation of ramp metering control devices and lighting.
(3) Bridge rehabilitation, reconstruction or replacement or
the construction of grade separation to replace existing at-grade railroad
crossings.
(6) Approvals for disposal of excess right-of-way or
for joint or limited use of right-of-way, where the proposed use does
not have significant adverse impacts.