Groups claiming TxDOT falsified toll project studies
August 21, 2008
By CLAY COPPEDGE
Country World News
Copyright 2008
Members of a Central Texas sub-regional planning commission believe they have found a "smoking gun" that proves the state's transportation department alledgely falsified an environmental study on the proposed Trans-Texas Corridor.
The development comes from a lawsuit filed by Texans United for Reform (TURF) over a Texas Department of Transportation (TxDOT) proposal to convert part of U.S. Highway 281 into a toll road. TURF members allege that TxDOT emails show that the department "rigged" the environmental work for the 281 project to pre-determine a finding of "No Significant Impact" before the study began.
Members of the Eastern Central Texas Sub-Regional Planning Commission, which was formed to make sure the state involves people affected by the TTC in the process, believe the allegations by TURF are significant because it shows that TxDOT has done with the 281 study exactly what the commission has accused TxDOT of doing in relation to the corridor proposal.
"What TURF and the Edwards Aquifer Guardians have uncovered shows that the conclusion was there before the study was even done," commission member Ralph Snyder of Holland said at a meeting of the commission on Aug. 12. "They cherry-picked the information to arrive at the conclusion they want.
"This is the most important thing to happen since the inception of the TTC-35. It makes our case by showing that they (TxDOT) worked all along toward a pre-determined conclusion."
Gov. Rick Perry proposed the TTC in 2002 as a series of six-lane highways with separate high-speed rail lines and utility corridors criss-crossing the state. Each corridor could be as wide as 1,200 feet.
Perry, TxDOT and others have touted the corridors as a solution to the state's transportation problems, but opposition has arisen on several fronts, particularly in the rural parts of the state where the corridors would have the biggest impact.
The sub regional planning commissions are local groups formed in response to the Texas Local Government Code, Chapter 391, which requires state agencies "to the greatest extent feasible" to coordinate with local commissions to "ensure effective and orderly implementation of state programs at the regional level."
The Eastern Central Texas commission was formed in August of last year to challenge TTC-35, the first leg of the proposed TTC system, which would run about 600 miles from Gainesville to Laredo, roughly parallel to IH-35. Eight other such groups have formed across the state, most of them in East Texas where another leg of the TTC, TTC-69, has been proposed.
The commission has asked for a supplemental report from TxDOT, which in turn has asked the Federal Highway Administration (FHWA) if it has to conduct the supplemental report. The commission received a reply from Janice Weingart Brown, division administrator for the FHA on Aug. 6.
"I can assure you that concerns that you have raised will be addressed in our Final EIS (Environmental Impact Study)," Brown wrote. "FHWA is also independently reviewing and considering the environmental documents being prepared by TxDOT.
"Based on the public involvement meetings that have been conducted and our review and analysis of comments, we firmly believe we are following the prescribed processes and regulations under NEPA (Environmental Protection Agency) and the Council on Environmental Quality."
Margaret Byfield with the American Land Foundation, a private property rights group working with the sub-regional planning commissions, noted that the letter is dated one day before the allegations over TURF's 281 lawsuit broke. She added that the letter really doesn't comment on the commission's request for a supplemental report.
"It makes no commitment," she said. "It infers that it will address our concerns in the TIER 2 study, which is too late. TIER 1 approves the building of the highway. TIER 2 is concerned with where the highway will be built."
The commission voted unanimously to forward the letter to Fred Kelly Grant, attorney for the American Land Foundation.
Grant, who lives in Idaho, emailed commission members prior to the August meeting about the TURF 281 lawsuit. "I have already asked for documents from the discovery to include in a proposed augmentation petition for you to send to the federal highway administration," he wrote. "The inference of lack of credibility which is made in your original petition will now be actual, not just an inference."
The commission also received a copy of a May 2006 letter from then state conservationist Larry Butler to engineer Edward Pensock with TxDOT on farmland protection issues related to TTC.
In that letter, Butler said that the TTC project "will constitute the largest conversion of Prime Farmland for a single project in the history of Texas."
The letter also addressed the issue of small dams on private property that are designed to control flooding, noting that more than 260 of those small dams are located in the TTC-35 study area.
"Direct impacts include areas where the TTC-35 might eliminate the structure, causing roads, bridges, towns and houses to flood."
Current state conservationist Don Goihmert addressed the group last month and said the state's NRCS office would conduct a study for the group to further evaluate the impact of the TTC along specific routes identified by TxDOT.
© 2008 Country World News:www.countryworldnews.com
Thursday, August 21, 2008
Monday, August 4, 2008
Planning group to discuss second round of demand letters to TxDOT
Polk County Enterprise
Copyright 2008
TRINITY — The Trinity-Neches Texas Sub-Regional Planning Commission will meet at 9 a.m. Wednesday in the Trinity City Hall to discuss sending second letters to the Texas Department of Transportation and the Environmental Protection Agency demanding a meeting to discuss the impact of the proposed Trans Texas Corridor through the region.
Recording Secretary Connie Fogle said the most recent documents sent to the Federal Highway Administration by TxDOT do not bind the state agency to construction along existing highways. The proposed superhighway would be devastating to school districts in Trinity County.
Groveton ISD would be split in two by the highway, she said. The route also plows through environmentally sensitive areas, she added. The loss of timber acreage along would have a major economic impact on a region that depends on timber and tourism, Fogle said. The timber producers would not be the only ones impacted, though. The latest maps continue to divide grazing areas used by cattle ranchers.
These second letters will demand a meeting with the planning commission within two weeks, Fogle said. The group will decide the location, time, date and agenda for the meeting with TxDOT and the EPA during Wednesday’s meeting.
The planning commission also plans to hold a preparatory meeting workshop prior to the meeting with the two agencies. The planning commission also will have an open forum for members of the public and associate members to discuss their concerns about the Trans-Texas Corridor.
The planning commission sent a letter to Richard Greene, administrator for the EPA’s Region 6 on June 18 that advised him of the creation of the planning commission under Chapter 391 of the Texas Local Government Code. The purpose of the group is to coordinate projects that affect the cities of Groveton, Corrigan and Trinity, especially the I-69 Trans-Texas Corridor.
After the group formed, Groveton ISD, Apple Springs ISD, Corrigan-Camden ISD, Pennington, Trinity Rural Water District and Glendale Water District joined the commission. It now covers 607,233 acres. The EPA letter signed by each of the mayors on the commission states the commission’s belief that draft environmental impact statement for I-69/TTC does not address the issues that will severely impact the area. “The DEIS is grossly inadequate in every criteria of study called for by NEPA,” the EPA letter states.
“We believe the primary reason the study is inadequate is because the agency in charge, the Texas Department of Transportation, has utterly failed to coordinate its ‘study’ with the local governments and the citizens of our community. There have been no meaningful discussions with the local governments in our area with regard to the specifi c impacts on transportation, economic, or social interests of our citizens.”
The letter continues by stating that the interpretation of the National Environmental Policy Act by the courts have made it clear that the impact study is not to be completed based on the preconceived idea that the studied project is to be completed regardless of the adverse effects on the human environment.
The several failures to comply with NEPA are listed in the letter as follows: Coordination with local government is a mandated method for the project planners to gain vital information as to the impact of the project on local government, which bears the burden of providing services to the public, the letter says.
For example, the I-69/TTC DEIS lacks equal consideration of the human and natural environment. Even in its non-specific treatment of the impact, the study weighs these critical impacts differently. Specifically, the study discusses the impact to wildlife, the need to mitigate wildlife corridors, and even the consideration of wildlife bridges and tunnels.
It includes a map of the potential mitigation area for the replacement properties for the protection of species, yet makes no mention of the human impact, such as the redistricting our schools, rerouting our school buses, or ensuring our first responders can reach the life threatening emergencies upon which our citizens depend.
This one-sided analysis points to the very reason Congress directed the agencies to coordinate this study with local governments, which the Texas Department of Transportation has failed to do.
While consideration of the impact to wildlife is being discussed, there is no analysis of the human impact and specifi cally the impact on the timber industry, which is the economic backbone of our community. For example, one logging contractor in our area employs 43 individuals and pays approximately $1.2 million in wages annually. These employees live in our community.
© 2008, The Polk County Enterprise: www.easttexasnews.com
Polk County Enterprise
Copyright 2008
TRINITY — The Trinity-Neches Texas Sub-Regional Planning Commission will meet at 9 a.m. Wednesday in the Trinity City Hall to discuss sending second letters to the Texas Department of Transportation and the Environmental Protection Agency demanding a meeting to discuss the impact of the proposed Trans Texas Corridor through the region.
Recording Secretary Connie Fogle said the most recent documents sent to the Federal Highway Administration by TxDOT do not bind the state agency to construction along existing highways. The proposed superhighway would be devastating to school districts in Trinity County.
Groveton ISD would be split in two by the highway, she said. The route also plows through environmentally sensitive areas, she added. The loss of timber acreage along would have a major economic impact on a region that depends on timber and tourism, Fogle said. The timber producers would not be the only ones impacted, though. The latest maps continue to divide grazing areas used by cattle ranchers.
These second letters will demand a meeting with the planning commission within two weeks, Fogle said. The group will decide the location, time, date and agenda for the meeting with TxDOT and the EPA during Wednesday’s meeting.
The planning commission also plans to hold a preparatory meeting workshop prior to the meeting with the two agencies. The planning commission also will have an open forum for members of the public and associate members to discuss their concerns about the Trans-Texas Corridor.
The planning commission sent a letter to Richard Greene, administrator for the EPA’s Region 6 on June 18 that advised him of the creation of the planning commission under Chapter 391 of the Texas Local Government Code. The purpose of the group is to coordinate projects that affect the cities of Groveton, Corrigan and Trinity, especially the I-69 Trans-Texas Corridor.
After the group formed, Groveton ISD, Apple Springs ISD, Corrigan-Camden ISD, Pennington, Trinity Rural Water District and Glendale Water District joined the commission. It now covers 607,233 acres. The EPA letter signed by each of the mayors on the commission states the commission’s belief that draft environmental impact statement for I-69/TTC does not address the issues that will severely impact the area. “The DEIS is grossly inadequate in every criteria of study called for by NEPA,” the EPA letter states.
“We believe the primary reason the study is inadequate is because the agency in charge, the Texas Department of Transportation, has utterly failed to coordinate its ‘study’ with the local governments and the citizens of our community. There have been no meaningful discussions with the local governments in our area with regard to the specifi c impacts on transportation, economic, or social interests of our citizens.”
The letter continues by stating that the interpretation of the National Environmental Policy Act by the courts have made it clear that the impact study is not to be completed based on the preconceived idea that the studied project is to be completed regardless of the adverse effects on the human environment.
The several failures to comply with NEPA are listed in the letter as follows: Coordination with local government is a mandated method for the project planners to gain vital information as to the impact of the project on local government, which bears the burden of providing services to the public, the letter says.
For example, the I-69/TTC DEIS lacks equal consideration of the human and natural environment. Even in its non-specific treatment of the impact, the study weighs these critical impacts differently. Specifically, the study discusses the impact to wildlife, the need to mitigate wildlife corridors, and even the consideration of wildlife bridges and tunnels.
It includes a map of the potential mitigation area for the replacement properties for the protection of species, yet makes no mention of the human impact, such as the redistricting our schools, rerouting our school buses, or ensuring our first responders can reach the life threatening emergencies upon which our citizens depend.
This one-sided analysis points to the very reason Congress directed the agencies to coordinate this study with local governments, which the Texas Department of Transportation has failed to do.
While consideration of the impact to wildlife is being discussed, there is no analysis of the human impact and specifi cally the impact on the timber industry, which is the economic backbone of our community. For example, one logging contractor in our area employs 43 individuals and pays approximately $1.2 million in wages annually. These employees live in our community.
© 2008, The Polk County Enterprise: www.easttexasnews.com
Sunday, August 3, 2008
From July 15 TxDOT Sunset Hearing, public testimony
TxDOT pushes Rural Planning Organizations in contravention of legislation—testimony from Hank Gilbert
Susan Rigdway Garry
Anti-Corridor/Rail Expansion (ACRE)
Copyright 2008
Hank Gilbert, former Democratic nominee for Agriculture Commissioner, testified about the proposed Rural Planning Organizations (RPO’s). He is especially interested in the RPO’s because of the possibility that the RPO’s are being pushed by TxDOT in an attempt to make the public believe that they are the same as the 391 Sub-Regional Planning Commissions. Gilbert is president of one of these new 391 Commissions, the Piney Woods Sub-Regional Planning Commission.
This is a very important issue. If TxDOT is behind the formation of RPO’s, the RPO’s will be controlled by TxDOT through the regional Councils of Government (COG’s). On the other hand, the 391 Sub-Regional Planning Commissions are formed by the citizens through their local governments, and they have their own powers, given to them by statute.
Gilbert said, “I don’t believe he [Saenz] exactly told the truth a minute ago. Chairman Delisi, she wanted to make this a love fest today and she committed to honesty. But they have already broken that honesty when it was brought up about the RPO’s earlier today. We had a person at that meeting [on RPO’s] who sent me an email of what went on at that meeting on July 10. TxDOT, specifically Amadeo Saenz, addressed this and said they had come up with money at TxDOT to help fund and reimburse the COG’s if they created an RPO.”
Gilbert continued, “What’s important is that TxDOT has promulgated regulations to create RPO’s, which legislation actually failed last session. . . . So TxDOT decided to push the RPO issue forward so when the legislature comes into session they are having the legislation filed to authorize by statute what they have done by regulation. Then, they will pull the COG RPO’s into the Transportation statute and totally control all of the RPO’s. They’ll be nothing but a sounding board instead of a real board.”
Saenz contradicts Gilbert
After Gilbert’s testimony, Saenz then returned to the testimony table. “What Mr. Gilbert just presented is not factual. First of all, for the commissions, we have not adopted or done anything with the RPO’s. This was a conference, there is a mechanism in there that if they would be formed, which is one of the recommendations, then we can use state planning funds from the federal side to be able to cover their planning needs. But we have not taken any action on anything like that.”
Kolkhorst said “I’m not sure I’m for these RPO’s. . . Let’s not move forward on these RPO’s quite yet until we get through this.” Another Sunset Commissioner commented, “They need legislation to do it.” Kolkhorst replied, “I think what Hank [Gilbert] was trying to say is they’re doing it before we get there.”
Gilbert documents his testimony
Gilbert had documentation from the RPO conference including the agenda showing that TxDOT sponsored the meeting, that Saenz was on the agenda to speak about RPO’s, and info from COG’s about their new efforts to form RPO’s with the assistance of TxDOT. The list of attendees listed 45 TxDOT employees out of 200 registered in attendance at the meeting. Gilbert provided copies of his documentation to the Sunset Commissioners—the proof that his information IS “factual.”
TxDOT is already working on a plan to create its own system of RPO’s so that residents will think they are getting their own powerful Sub-Regional Planning Commission that represents them, but they will really be getting an RPO that represents TxDOT.
© 2008, ACRE: acretexas.blogspot.com
TxDOT pushes Rural Planning Organizations in contravention of legislation—testimony from Hank Gilbert
Susan Rigdway Garry
Anti-Corridor/Rail Expansion (ACRE)
Copyright 2008
Hank Gilbert, former Democratic nominee for Agriculture Commissioner, testified about the proposed Rural Planning Organizations (RPO’s). He is especially interested in the RPO’s because of the possibility that the RPO’s are being pushed by TxDOT in an attempt to make the public believe that they are the same as the 391 Sub-Regional Planning Commissions. Gilbert is president of one of these new 391 Commissions, the Piney Woods Sub-Regional Planning Commission.
This is a very important issue. If TxDOT is behind the formation of RPO’s, the RPO’s will be controlled by TxDOT through the regional Councils of Government (COG’s). On the other hand, the 391 Sub-Regional Planning Commissions are formed by the citizens through their local governments, and they have their own powers, given to them by statute.
Gilbert said, “I don’t believe he [Saenz] exactly told the truth a minute ago. Chairman Delisi, she wanted to make this a love fest today and she committed to honesty. But they have already broken that honesty when it was brought up about the RPO’s earlier today. We had a person at that meeting [on RPO’s] who sent me an email of what went on at that meeting on July 10. TxDOT, specifically Amadeo Saenz, addressed this and said they had come up with money at TxDOT to help fund and reimburse the COG’s if they created an RPO.”
Gilbert continued, “What’s important is that TxDOT has promulgated regulations to create RPO’s, which legislation actually failed last session. . . . So TxDOT decided to push the RPO issue forward so when the legislature comes into session they are having the legislation filed to authorize by statute what they have done by regulation. Then, they will pull the COG RPO’s into the Transportation statute and totally control all of the RPO’s. They’ll be nothing but a sounding board instead of a real board.”
Saenz contradicts Gilbert
After Gilbert’s testimony, Saenz then returned to the testimony table. “What Mr. Gilbert just presented is not factual. First of all, for the commissions, we have not adopted or done anything with the RPO’s. This was a conference, there is a mechanism in there that if they would be formed, which is one of the recommendations, then we can use state planning funds from the federal side to be able to cover their planning needs. But we have not taken any action on anything like that.”
Kolkhorst said “I’m not sure I’m for these RPO’s. . . Let’s not move forward on these RPO’s quite yet until we get through this.” Another Sunset Commissioner commented, “They need legislation to do it.” Kolkhorst replied, “I think what Hank [Gilbert] was trying to say is they’re doing it before we get there.”
Gilbert documents his testimony
Gilbert had documentation from the RPO conference including the agenda showing that TxDOT sponsored the meeting, that Saenz was on the agenda to speak about RPO’s, and info from COG’s about their new efforts to form RPO’s with the assistance of TxDOT. The list of attendees listed 45 TxDOT employees out of 200 registered in attendance at the meeting. Gilbert provided copies of his documentation to the Sunset Commissioners—the proof that his information IS “factual.”
TxDOT is already working on a plan to create its own system of RPO’s so that residents will think they are getting their own powerful Sub-Regional Planning Commission that represents them, but they will really be getting an RPO that represents TxDOT.
© 2008, ACRE: acretexas.blogspot.com
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