Project
Status UPDATE 07/08/2009
Project Status
On April 3, 2006 the
Federal Highway Administration (FHWA) issued a Record
of Decision (ROD) for the Juneau Access Improvements
Project. The ROD selected Alternative 2B, the East
Lynn Canal Highway to Katzehin with Shuttles to
Haines and Skagway. On April 21, 2006 the US Army
Corps of Engineers (Corps) issued a Public
Notice of Application for Permit for the highway
and ferry terminal, with the comment period ending
June 12, 2006. On June 18, 2008 the Corps issued
a permit, POA-2006-597-2,
to the Alaska Department of Transportation and Public
Facilities (DOT&PF) authorizing the fill and
dredge in waters of the US necessary to construct
the project.
On April 6, 2006 DOT&PF submitted an Initial
Financial Plan to FHWA as required for projects
estimated to cost $100 million or more. This plan
provides detailed information regarding project
costs, funding, and construction scheduling. A 2007
Annual Update to the Financial Plan was submitted
to FHWA on October 29, 2007. DOT&PF has prepared
a 2009
Cost Report that includes an independent estimate
of highway construction costs by FHWA Western Lands
Highway Division.
On August 16, 2006 the Southeast Alaska Conservation
Council and five additional plaintiffs filed a complaint
in US District Court (Case 1:06-cv-00009-JWS) against
FHWA and the US Forest Service (USFS). The complaint
alleges the USFS failed to comply with the National
Forest Management Act and FHWA failed to comply
with the National Environmental Policy Act, the
Bald Eagle Protection Act, the Endangered Species
Act, and the Administrative Procedures Act. The
State of Alaska was granted Intervenor-Defendant
status by the Court in recognition of the State’s
transportation interest in the outcome. Both the
State of Alaska and the US Department of Justice
(DOJ), representing the USFS and FHWA, denied the
allegations. Briefing on the five counts was completed
June 30, 2008 and the Court issued a decision on
February 13, 2009. The Court ruled that the Final
EIS was not valid because it did not include an
alternative that would improve transportation in
Lynn Canal with existing assets. The Court did not
rule on the other counts. The State and DOJ have
filed a Notice of Appeal to the Ninth Circuit Court.
At this time project activities other than legal
support are on hold.
Project Overview
A Draft
Environmental Impact Statement (DEIS) for this
project was released in June 1997. In 1998 and 1999
DOT&PF analyzed comments submitted on the DEIS and
conducted additional studies. In January 2000 Alternative
2, the East Lynn Canal Highway, was chosen as the
State’s preferred alternative, but work on the project
was suspended. Because more than three years have
passed since the release of the DEIS, FHWA regulations
require that DOT&PF reevaluate the document. The
Reevaluation
was completed in January 2003. DOT&PF concluded,
and FHWA concurred, that a supplemental DEIS is
needed.
The purpose for the
project remains the same: improve surface transportation
to provide travel flexibility, capacity to meet
demand, and greater travel opportunity while reducing
travel time, state costs and user costs. The purpose
of the supplemental DEIS is to update information
presented in the DEIS and to conduct additional
studies needed to address comments on the DEIS and
issues raised at new public and agency scoping meetings.
DOT&PF held agency
and public scoping meetings in Juneau, Haines, and
Skagway in April 2003. Project staff presented the
proposed project schedule, alternative update information,
and anticipated studies. A Scoping
Summary Report was published in June 2003.
Field work was conducted
during the summer and autumn of 2003. A telephone
survey of Juneau, Haines, Skagway, and Whitehorse
residents was conducted in July and August of 2003.
A report titled Household
Survey Results was published in early October.
An Alternative
Screening Report was published in November 2003.
This report describes all alternatives considered
and explains screening methods used to select the
Reasonable
Alternatives to be evaluated in the SDEIS. A
newsletter
was released in December 2003 to update the
public on alternatives, studies and schedule.
On January 11, 2005
FHWA approved a Supplemental
Draft Environmental Impact Statement (SDEIS)
for the project. DOT&PF distributed the SDEIS to
all agencies, organizations and individuals on the
project mailing list. A notice of availability was
published in the Federal Register on January 28,
2005. DOT&PF also distributed fact
sheets about the project, and posted a video
on the project website. Public hearing sessions
were held in Juneau, Haines and Skagway in mid February
2005. Comments on the SDEIS were due March 21, 2005.
A Comment
Analysis Report was published in June 2005.
On August 10, 2005
DOT&PF issued a *Press
Release* announcing that the preferred alternative
had changed to *Alternative
2B*, East Lynn Canal Highway to Katzehin with
Shuttles to Haines and Skagway. The change was based
on FHWA's determination that alternatives with a
highway to Skagway would require land within the
Skagway and White Pass District National Historic
Landmark that is protected by Section 4(f) of the
Transportation Act.
A Final
Environmental Impact Statement (FEIS) for the
project was approved by FHWA on January 18, 2006.
The FEIS was distributed to government agencies
as well as organizations and individuals that received
and/or commented on the SDEIS. Notices of availability
of the FEIS were published in the Federal Register,
Juneau Empire, Chilkat Valley News, Skagway News
and the Anchorage Daily News. The notices indicated
FHWA would issue a Record of Decision (ROD) no sooner
than March 14, 2006.
FHWA issued the Record
of Decision (ROD) for the project in April 2006.
The ROD selected Alternative 2B, the East Lynn Canal
Highway to Katzehin with Shuttles to Haines and
Skagway, as the proposed action. The ROD presents
the basis for FHWA’s decision, summarizes mitigation
measures that will be incorporated into the project,
and includes summaries of comments received during
review of the FEIS with FHWA responses. Issuance
of the ROD allows DOT&PF to design, acquire right-of-way,
and construct the highway, terminal, and shuttle
vessels with federal aid. Design and construction
of the project will occur in stages. Design of the
first segments north from Echo Cove is essentially
complete; however the first construction project
will not begin until after the current litigation
is concluded. A Lynn
Canal Highway Phase I Zone 4 Geotechnical Investigation
has been conducted, characterizing the soil and
rock conditions for the segment from Independence
Creek to the Katzehin River. Further geotechnical
studies and related design work are on hold until
conclusion of the current litigation.
