"Despite the increasing prominence of roads across most landscapes, their impacts on aquatic biota are not well documented. Intuitively, effects on water quality (e.g., via toxic spills and runoff), habitat quality (via sediment loading and channel modification), and habitat connectivity (via barriers to movement) may often be severe."
-Warren and Pardew 1998

Think back to September 16, 2002, and the unanimous decision by the U.S. 10th Circuit Court of Appeals to revoke the federal permits that were issued to build the proposed Legacy Highway. These permits were revoked because the court ruled that the Final Environmental Impact Statement (FEIS)was inadequate on a number of significant issues that included the following.

Sequencing- the original EIS failed to consider alternative sequencing of transportation investments other than building Legacy Highway first.

Integration- the EIS neglected to consider integration of road, transit investments and land use development.

Road Alignment and Configuration- the EIS improperly eliminated other practicable and less environmentally harmful road alignments and configuration.

Wildlife Impacts- the EIS ignored impacts to wildlife beyond 1000 feet from the highway.

Following that decision, the agencies responsible for the project-the Utah Department of Transportation, Federal Highway Administration and the US Army Corps of Engineers, hired transportation and environmental consultants to conduct the additional analysis required by the court ruling.

On December 3, 2004, the agencies issued the Draft Supplemental Environmental Impact Statement (DSEIS) for the project. The public has 90 days (after our request for an extension was granted) until March 4th to provide comment on what is included in the DSEIS (or based on the court ruling), what is missing. A public hearing is scheduled on Friday, ,January 7, 2005 at the Davis County Fairgrounds from 4-9PM.

In working to prepare comments on the DSEIS, it's important for all of us to be meticulous in our analysis of the work done by the agencies and their consultants. It's important to look for satisfactory answers to the following questions about the DSEIS.

1. Does it include thorough analysis of a Transit First approach?
2. Does it evaluate ways to maximize the benefits of transit investments?
3. Does it analyze upgrading and extending Redwood Road north in Davis County as an alternative vehicular route? and
4. Does the it disclose all of the damage to wetlands and wildlife that would result from the proposed Legacy Highway?

FRIENDS, Utahns for Better Transportation (UBET), the Utah Chapter of the Sierra Club and many other citizens have always proposed that the DSEIS should analyze the benefits of a Transit First approach to finding solutions to the transportation needs of the growing Wasatch Front. We do this because we realize that we cannot pave our way out of congestion.

We have stayed on message about fighting for more effective, more balanced, and more environmentally sustainable transportation solutions. These solutions must meet the travel needs in the area of the North Corridor, without promoting sprawl development. And these solutions must minimize impacts on critical wetlands of the Great Salt Lake Ecosystem.

Those principles are at the heart of our efforts to work toward maintaining our quality of life. That is why we have developed the Smart Growth Alternative, which is a viable alternative to building the Legacy Highway.

The Smart Growth Alternative is legal. It is based on a transit first investment strategy that reduces our auto-dependence by providing greater travel options. It reduces air pollution. It provides an alternate vehicular route for Davis County drivers. It is less expensive than building a new highway, and it is environmentally responsible.

The Smart Growth Alternative represents a more effective long term solution to our future travel and air quality needs, and minimizing impacts to the Great Salt Lake Ecosystem.

When the decision from the 10th Circuit Court of Appeals was rendered, we also began working with consultants and experts to explore this alternative. With the help of world renowned transportation and urban planning expert Robert Cervero, from the University of California at Berkeley, and travel modeling expert Norm Marshall of Smart Mobility Inc. in Vermont, we see the Smart Growth Alternative as one that reflects 21st Century thinking and one that provides a win-win compromise solution to building Legacy Highway.

More information about this alternative is on page of this newsletter. Additional updates can be found on the UBET website: www.utahnsforbettertransportation.org.

Unfortunately, UDOT and the Federal Highway Administration have already dismissed our Smart Growth Alternative. So, when you provide your written comments on the DSEIS, urge the federal agencies to give full and fair consideration to the Smart Growth Alternative.

Part of my role as Executive Director is to promote advocacy in the best interest of the Great Salt Lake Ecosystem. In this case, the Smart Growth Alternative, combines what is in the best interest of the Lake, and for the people of Davis County. We can get to win-win.

In saline,

Lynn de Freitas

What You Can Do

Review the Legacy DSEIS http://www.spk.usace.army.mil/projects/regulatory/legacyparkway/doc/seis/index.html

Urge the federal agencies to give the Smart Growth Alternative fair and equal consideration

Send your comments on the DSEIS by March 21, 2005 to:

Gregory Punske, Program Manager
FHWA-Utah Division
2520 West 4700 South Ste. 9A
Salt Lake City, Utah 84118