The Importance of Working Hard to Uphold the NEPA Process

On Monday, November 14th, at about half past ten in the morning, in his East Office on Capital Hill, Governor Jon Huntsman, Jr. signed the Legacy Parkway Settlement Agreement into law. Five days earlier, November 9th, the Settlement Agreement was passed by a 2/3 majority vote during a Special Session of the Utah Legislature.

For a Monday, this was a pretty good day.

This ceremony confirmed the passage of the Legacy Parkway Settlement Agreement before the legislative and executive branches of the State of Utah. The next steps would be before the judiciary, but not before the public is given an opportunity to review the Final Supplemental Environmental Impact Statement scheduled for release on Friday, November18th. And not before the Federal Highway Administration issues a Record of Decision, and the Army Corps of Engineers, also issues a Record of Decision as well as a 404 Permit to construct the Parkway.

When that happens, the parties to the Settlement Agreement will file with the United States District Court for the District of Utah a "Joint Notice and Request to Dissolve Injunction". This filing will ask the District Court to "lift, terminate, and dissolve the injunction that was entered against the construction of the Legacy Parkway" on November 2, 2001.

As I reflected on how much time has passed since this public process began; almost 9 years ago, I was surprised that my feelings were so mixed: somewhat numb and somewhat euphoric.

Flanked by John Njord, Executive Director of the Utah Department of Transportation and Lt. Governor Gary Herbert, I heard the governor not only speak to the significance of the substance of the Settlement Agreement but commend to the process as well. It was at that moment I realized how proud I really was.

Proud about the work that was achieved by such a talented and dedicated community that cared enough to work against great adversity in order to uphold the principles of the National Environmental Policy Act (NEPA) and the public process. Proud that even though none of us wanted to see a highway built, we were able to forge an agreement that sets a precedent for environmental protection, transportation planning and economic development that would not have happened otherwise. And proud because, as we had always hoped, the culmination of this effort will make tomorrow better than today in the State of Utah.

So how will this Legacy Parkway be different from the Legacy Parkway that was presented to the public in the Draft Supplemental Environmental Impact Statement ?

For starters, this Legacy Parkway will not be a freeway. This 4 lane roadway will be much narrower than initially proposed. Speeds will be posted at 55 mph, instead of 65 mph. Meander and curvature of the travel lanes within the right of way and the entrance ramps will be used to protect wetlands and other sensitive habitats, while reinforcing slower speeds.

Noise reducing pavement, and design characteristics of the Parkway such as the landscaping, minimal lighting, native and xeric species of vegetation and shoulder treatments will provide a very distinctive feel for travellers coming from a freeway experience.

No billboards will be permitted within the state-owned right-of-way, within the Legacy Nature Preserve, or on state-owned property where the billboard would be visible from the main traveled way of the Parkway.

Ah yes- the trucks. Delivery trucks like Winder Dairy or UPS, which represent a large percentage of trucks travelling Utah roads, will be permitted. Throw in the standard pick up and 4 wheel drive vehicles too. But trucks with five or more axles or of 80,000 pounds or greater registered gross vehicle weight will not be allowed on the Parkway. Exceptions to this restriction would occur during an incident on I-15, and during reconstruction of I-15 as needed.

As you know, this issue was extremely contentious during both the negotiating phase that led up to the Settlement Agreement and the Special Session. We are extremely grateful to those legislators whose eloquence and expository prowess helped secure enough votes to pass the agreement during that session.

Increased environmental protection will be provided for the Legacy Nature Preserve through an additional 121.21 acres of land located on the west side of the right of way at 500 South in West Bountiful. This parcel was an inholding next to Preserve acreage and was slated for commercial development. The development would have generated 50,000 car trips daily. The acreage will be managed as part of the Preserve but is designated as mitigation property for future transportation projects.

You will recall when the Court of Appeals issued its opinion on September 16, 2002, it stated that the federal defendants had failed to meet certain legal requirements that included a wildlife impacts analysis beyond 1000' of the right of way.

The Settlement Agreement will provide substantial funding for a 5 year noise impact study on population density and population productivity of sample species of wildlife within the Legacy Nature Preserve.The result will be a definitive and site specific study that will be extremely beneficial to fulfilling the mission of the Preserve which is "to provide in perpetuity, quality wildlife habitats for mitigating impacts to wetlands and wildlife associated with the Legacy Parkway. "

A Science Advisory Committee will be established to act as a resource to UDOT on the management of the Legacy Nature Preserve. Working in a consultative capacity, these experts will provide useful insights on scientific and technical assistance and research projects for the Preserve.

And there's still more to this outcome that requires reading in greater detail. You can do that by visiting our website: www.fogsl.org where the PDF of the Legacy Parkway Settlement Agreement awaits.

But as we look forward, it's important to be prepared to hear the outcome's "boos" and "cheers" . There are many people in the Great Salt Lake neighborhood and beyond who are still not satisfied because we either didn't get enough or perhaps, got too much.

To me, the key point is that we kept the wheels on the wagon by seeing this public process through. We worked with integrity and in earnest. And we worked for the standard of professionalism and thoroughness that this Settlement Agreement reflects.

Thank you all.

In saline,

Lynn de Freitas

"Democracy depends on engagement, a firsthand accounting of what one sees, what one feels, and what one thinks, followed by the artful practice of expressing the truth of our times through our own talents, gifts, and vocations."
Terry Tempest Williams - The Open Space of Democracy