Avoidance, Minimization, Mitigation

One of the most illegal highways ever proposed

1996 federal lawsuit overturned 1990 approval (Feds conceded defeat before trial)
FHWA, BLM, ODOT, Lane County and City Eugene promised "No Build" on June 19, 2001
Cooperating Agencies: BLM and Army Corps of Engineers did not participate in required "Scoping" of Alternatives
WEP does not meet the Purpose and Need - the WETLANDS alternative does
Avoidance, Minimization, Mitigation: WETLANDS versus WEP
Wetlands Mitigation Bank is Bankrupt, replacement wetlands are inferior
Segmentation and Logical Termini: Western Terminus (Veneta), Eastern Terminus (I-105)
Land and Water Conservation Fund LWCF lands cannot be used for a highway
Section 4(f) protects parkland from paving
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

“Avoidance, then Minimization” analysis for 4(f), wetlands and LWCF impacts requires selection of WETLANDS alternative over any route for the WEP
Avoidance WETLANDS Alternative $17 million option Categorical Exclusion?	No Build for WEP, safety improvements to Belt Line, West 11th expressway west of Belt Line, Roosevelt / 99 intersection repair, West 11th intersection repairs, land use shifts, Bus Rapid Transit to Bethel and west 11th. Added turn lanes at West 11th / Belt Line may or may not fit into current right-of-way (if not, then minor 4(f) / LWCF impacts and Environmental Assessment would be required)
Minimization WETLANDS Alternative $88 million option update 1995 Beltline Environmental Assessment	All of the above plus addition of grade-separated interchange at Roosevelt / Belt Line and partial interchange at West 11th / Belt Line intersection (flyover ramp from eastbound 11th to northbound Belt Line plus wide curve from southbound Belt Line to westbound 11th). Similar to ODOT recommendation at June 2001 “West Eugene Charette” - “No Build” for WEP, widen Belt Line and widen West 11th, plus a West 11th / Belt Line interchange.
Options for the WEP
Minimal avoidance FHWA Southern Alignment (June 2006) new EIS so Cooperating Agencies can participate in scoping of alternatives	The 2006 FHWA Southern Alignment has miniscule levels of minimized impact over the "Alternative A / Modified Project" north of the railroad tracks. Both options fail to examine the full impact of wetland destruction caused by the proposed WEP / Beltline interchange (since temporary roads would fill in additional wetlands), the independent utility and logical termini problems, the traffic problems caused by the WEP, and the existence of a prudent and feasible alternative to any version of the WEP.
No avoidance, no minimization “Modified Project” (1997), Alternative A Mitigated (2003)	The 1997 route would be twice as wide through the BLM lands as the 1990 route, requiring more acres of wetland destruction, 4(f) impacts and LWCF land transfers. WEP Alternative A Mitigated would have more than twice the acreage of wetland destruction as described in the 1997 SDEIS.
No avoidance, no minimization, failure to disclose all impacts	The ultimate termini of the WEP are Veneta and I-105. A full disclosure of all WEP impacts would include tributary road projects (stated and unstated), mitigation for congestion (wider intersections and possible future grade separations, especially at Seneca), WEP extended west along 126 to Veneta, possible WEP to I-105 connector
Compensatory mitigation is not possible	There are no other large, contiguous wetland prairies to acquire and protect along Amazon Creek in the West Eugene Wetlands.