OTA submitted, federal agencies permitted, separate turnpike projects
Alawsuit filed by Pike Off, OTA, Inc., seeks to stop the work by the Oklahoma Turnpike Authority (OTA) on the East-to-West Connector turnpike. They say the project is adversely impacting the Waters of the United States (WOTUS), and that the OTA divided up the overall project into 10 segments of projects in order to avoid federal permitting procedures.
If the project had not been divided up, Pike Off says it would have required OTA to file a more time-consuming federal Environmental Impact Statement. These can take up to two years or more.
They also state that federal agencies improperly approved the segments of projects, instead of imposing the guidelines that would have been required had the overall project been submitted as one.
In a statement to the Newcastle Pacer, the OTA says they are in compliance with all laws and are working on a response to the lawsuit.
The Pike Off lawsuit, filed on June 23, lists defendants as the OTA, United States Army Corps of Engineers-Tulsa Division, the Federal Highway Administration, the Department of the Interior-Bureau of Reclamation, and the United States Fish and Wildlife Service.
The lawsuit says that for federal rules and regulations, they believe the entire 30.5 miles of the East-to-West Connector Turnpike must be considered as a whole when it comes to environmentals.
The lawsuit states that OTA is required to obtain an individual permit on the entirety of the project, and that by dividing the project into two separate phases, each consisting of five separate segments — resulting in a total of 10 for the project — the OTA has avoided requirements for connected actions. The lawsuit further states that OTA has failed to provide the required information to demonstrate that each of the 10 segments is a single and complete project.
Pike Off is asking, through the lawsuit, to be granted a temporary restraining order, and permanent injunctive relief to prohibit OTA from continuing the project’s construction without first submitting to what they say is required permitting procedures and obtaining an Individual Section 404 permit.
They also state that an Environmental Impact Statement is required for the project by Federal Highway Administration regulations, but that OTA has not performed one.
Pike Off states that they believe the OTA has not completed theNationalEnvironmental PolicyActrequirementsbefore making their decisions, and the Waters of the United States have been impacted because they have already discharged fill material into WOTUS.
The lawsuit specifically names problem areas as the construction of two bridges across the Canadian River, and construction of temporary and permanent work roads across Lost Creek, a tributary of the Canadian River. They note that these are habitats of the Arkansas River Shiner and other endangered species, In filings made on July 14, Pike Off asks the court to determine what they say are several facts including that construction of the project constitutes the discharge of dredged or fill material into WOTUS, and because of this an Environmental Protection Agency Section 404 individual Permit is required.
They want the court to make a determination that the United States Army Corps of Engineers did not act in accordance with the law in approving the project under Nationwide Permit 14. An NWP 14 Permit is required for crossings of WOTUS associated with the construction of transportation projects.
Pike Off asks the court to determine that the project is a “major federal action,” requiring compliance with Federal Highway Administration and Army Corps of Engineers regulations including the preparation of a full Environmental Impact Statement.
Pike Off asks for the court to require OTA perform a Section 4(f) study, a requirement of the U.S. Department of Transportation Act of 1966 concerning wildlife or waterfowl areas.
Pike Off wants civil penalties imposed against the OTA, they want the court to award Pike Off its costs of the court actions including attorney’s fees, and any other relief.
The Oklahoma Turnpike Authority statement says, “OTA consults with several federal agencies for construction- related permitting. The U.S. Army Corps of Engineers determines the permitting process and typically, federal 404 permits are evaluated based on where a project intersects with protected waters under the Clean Water Act. OTA reviews projects with these agencies early in the process and has followed the law and complied with all federal requests in permitting the work near these protected waterways.”
The OTA further states, “The Oklahoma Turnpike Authority takes seriously the need to protect the environment by following all federal and state laws, and strives to leave the area in better condition than when work began.
“OTA’s design calls for building what will become the state’s longest bridge with piers constructed outside of the South Canadian River’s boundaries. This is to proactively prevent impacts on the waterway in compliance with the federal Clean Water Act.
“The Authority has worked closely with the Corps of Engineers, the U.S. Bureau of Reclamation, and other regulatory agencies, as required, throughout the design and environmental study process to ensure that this new east-west corridor is delivered to the highest standards and in compliance with all laws.
“OTA’s general counsel will review the filed litigation and work to prepare the appropriate response to address the allegations raised in the lawsuit.”
The OTA says in December, the OTA Board awarded the $97 million construction contract for the East-West Connector bridge over the South Canadian River in Mc-Clain and Cleveland counties. The U.S. Army Corps of Engineers permit process was completed in December.
“OTA has included stringent environmental protection provisions in this construction contract,” they state.
The contractor began staging at the construction site in January, and work began in early February.
The project is approaching 30% completion.
A motion for extension of time to file an answer was requested by OTA and was granted by the Oklahoma Western District Court as unopposed on Thursday, July 16.
