Construction of toll road 'not likely to jeopardize' species

[TCB]

Not sure if anyone has already posted this or not.

From the San Diego Daily Transcript:

The U.S. Fish & Wildlife Service said the viability of threatened and endangered species won't be affected by the proposed 241 toll road that would cut through the middle of San Onofre State Park, although there would be some impacts.

"This level of anticipated take is not likely to jeopardize the continued existence of the tidewater goby, arroyo toad, coastal California gnatcatcher, least Bell's vireo or Pacific pocket mouse," the opinion, released Monday, states.

The opinion is important to the Foothill/Eastern Transportation Corridor Agency an Orange County developer that wants to build the 241 toll road that would extend from Oso Parkway in Rancho Santa Margarita to Basilone Road at Interstate 5 in San Onofre.

The road would go through the northern reaches of Camp Pendleton, as well as travel adjacent to the Rancho Mission Viejo, a master-planned development for an eventual 14,000 homes and 5.2 million square feet of commercial space.

"This is exceptional news for our region toward relieving traffic gridlock for our citizens and confirming through rigorous scientific review that the decades of planning that went into selecting the route ... is protective of endangered species as well," said Lance MacLean, chairman of the Foothill/Eastern Transportation Corridor Agency in a prepared statement.

"This exhaustive and precise analysis clearly rejects the misleading and unsubstantiated claims by toll road opponents who have sought, instead, to promote untenable options which would destroy over 1,200 homes and businesses and displace more than 4,000 local employees," MacLean added.

The TCA claims that no businesses, residents nor Camp Pendleton operation would be affected by the toll road, as compared to a widening of Interstate 5 that according to an environmental impact report, would result in the previously mentioned impacts.

After the road was soundly defeated by the California Coastal Commission last February, the TCA almost immediately appealed the decision on the 16-mile four-lane -- expandable to six lanes -- thoroughfare to the Department of Commerce.

Officials from the Coastal Commission and the Surfrider Foundation -- one of the project's primary opponents -- declined comment until they had a chance to read Fish & Wildlife's complete ruling.

TCA spokeswoman Jennifer Seaton said she expects the Commerce Department to conduct a public hearing around the end of October with a ruling coming either at that time or shortly thereafter. For now, Seaton said the ruling was good news.

"It certainly shows vigorous scientific analysis," Seaton said. "It shows the species aren't adversely impacted."

Fish & Wildlife spokeswoman Jane Hendron, however, wouldn't quite go that far.

"While the species aren't threatened by 241, they all would be affected by the project," she said.

Even if the Commerce Department gives the green light, all kinds of other likely possibilities would almost certainly slow the project down if not stop it altogether.

One factor is the change in the presidency. Conceivably, an old Commerce Department decision could be overturned by a new administration.

Then there is litigation. The Surfrider Foundation for one has vowed to stop the road any legal way it can. Among other reasons, the organization worries the cobbles that create the unique surf, could be kept from migrating down to the ocean. The foundation is among numerous groups that could have the road tied up in courts for years.

If for whatever reason, a new or an old Commerce Department rejected the plan, Seaton said the TCA itself would have the option of taking the matter to the courts to get the favorable ruling it needed.

As for the cobbles, Seaton has said the road is far enough from where they come down that they wouldn't be interfered with.

The developer has pledged some mitigation measures before construction would begin. These would include the restoration of oak woodlands and coastal sage scrub in the agency's Upper Chiquita Canyon Conservation Area.

The 16-mile alignment was selected after exhaustive study and a collaborative effort by local, state and federal agencies. The process began in 1999 and included the U.S. Fish & Wildlife Service, along with the U.S. Environmental Protection Agency, U.S. Army Corps of Engineers, Federal Highway Administration, the California Department of Transportation, the U.S. Marine Corps and the TCA.

Nearly 300,000 trips are taken on the TCA's existing Orange County toll roads each day. The 241 toll road would initially have a capacity of about 58,000 average daily trips.

[Pain Freak]

I told you............

Here it comes and no matter how long or how loud we biatch, money has a way of getting our elected officials on the side of the developers.

Wasn't that long ago people were protesting a litle city called Mission Viejo. I believe it also was built.

[bighit8]

I call total B.S, as Pain Freak said money over rules public opinion.

[mfoga]

Yeah I expect to see this made at some point in the next few years. I am against it but there is only so much the groups really fighting it can do. I hope they can continue to be successful but I have a bad feeling they won't be.

[Zippy]

Money talks. They wnat this thing built to capitalize on the transpotation needs of the Rancho Mission Viejo project tey mentioned.

It would be cool if conservation groups had the same monetary resources that developers did. Personally, I think natural spaces look better than 6 lanes of tollway anyway.