Appendix N: Public Comments and Responses P-12

P-11

Newberg Dundee Bypass N-144 Tier 2 FEIS Appendix N: Public Comments and Responses P-12

Tier 2 DEIS Comment and Responses

Submittal: P-12

Type: Comment Form

Name: Elizabeth Cruz

Title: Citizen

Business/Afﬁ liation:

Address: 1519 11th Street Newberg, OR 97132

Response to Comment:

ODOT appreciates Ms. Cruz’s comments on Design Option 5.2D in Segment 5 and on the project as a whole. ODOT included this design option in the Preferred Alternative, as discussed in the Tier 2 FEIS. This design option will leave 11th Street open and reduce impacts to the neighborhood.

Newberg Dundee Bypass N-145 Tier 2 FEIS Appendix N: Public Comments and Responses P-12

Newberg Dundee Bypass N-146 Tier 2 FEIS Appendix N: Public Comments and Responses P-13

Tier 2 DEIS Comment and Responses

Submittal: P-13

Type: Individual Testimony

Name: Marcelo Cruz

Title: Citizen

Business/Afﬁ liation:

Address: 1519 11th Street Newberg, OR 97132

Response to Comment:

ODOT appreciates Mr. Cruz’s support for the project, which will reduce congestion and improve access to Oregon 99W throughout the project area.

Newberg Dundee Bypass N-147 Tier 2 FEIS Appendix N: Public Comments and Responses P-14

Nivel 2 DEIS Comentario y Respuestas

Entrega: P-14 Tipo: Comment Form Nombre: Marcelo Cruz Title: Ciudadano Negocio/Aﬁ liación: Dirección: 1519 11th Street Newberg, OR 97132

Respuesta al Comentario: ODOT reconoce la preferencia del Sr. Cruz por la Opción de Diseño 5.1C.2 del Segmento 5. La Alternativa Preferida incluye la Opción de Diseño 5.2D en el Segmento 5. ODOT seleccionó esta opción por las siguientes razones: Las Opciones de Diseño 5.1C.2 y 5.1D.2 quitarían 56 residencias cada una, mientras que la Opción de Diseño 5.2D quitaría 48 residencias. Las Opciones de Diseño 5.1C.2 y la 5.1D.2 desplazarían unidades residenciales en ambos lados de la calle 11 entre las calles Columbia Street y Wynooski Street y cerraría la calle 11. La Opción de Diseño 5.2D desplazaría unidades residenciales sólo en el lado sur de la calle 11 y mantendría la calle 11 abierta al tránsito. El alineamiento de la Opción de Diseño 5.2D impactaría más la propiedad de la SP Newsprint, reduciendo los impactos residenciales y del vecindario. Con esta Opción de Diseño, podría ocurrir uno que

Newberg Dundee Bypass N-148 Tier 2 FEIS Appendix N: Public Comments and Responses P-14

otro desplazamiento de las estructuras y establecimientos de la SP Newsprint; sin embargo, éstas podrían ser trasladadas a algún otro lugar en terreno de la SP Newsprint. La Opción de Diseño 5.2D está a nivel alto. La opción completamente hundida, la Opción de Diseño 5.1C.2, tendría costos de construcción cerca del doble de los costos de la opción recomendada (5.2D) debido a la problemática asociada con el desagüe de la opción completamente hundida.

Response to Comment: ODOT acknowledges Mr. Cruz’s preference on the Design Option 5.1C.2 in Segment 5. The Preferred Alternative includes Design Option 5.2D in Segment 5. ODOT selected this option for the following reasons. Design Options 5.1C.2 and 5.1D.2 would each remove 56 residences, while Design Option 5.2D would remove 48 residences. Design Options 5.1C.2 and 5.1D.2 would displace residential units on both sides of 11th Street between Columbia Street and Wynooski Street and would close 11th Street. Design Option 5.2D would displace residential units only on the south side of 11th Street and keep 11th Street open to trafﬁ c. Design Option 5.2D alignment impacts more of the SP Newsprint property, reducing residential and neighborhood impacts. With this design option, some displacement of SP Newsprint structures and facilities could occur; however, these can be relocated elsewhere on SP Newsprint property. Design Options 5.2D is above-grade. The fully depressed option, Design Option 5.1C.2, would have construction costs that are about twice as much as the recommended option (5.2D) due to related dewatering issues associated with the fully depressed option.

Newberg Dundee Bypass N-149 Tier 2 FEIS Appendix N: Public Comments and Responses Racheal Jones P-15 From: Donna Robinson Sent: Monday, July 19, 2010 9:57 AM To: Racheal Jones Subject: FW: Public Comments RE: Dundee/Dayton Bypass

222220'%', * #11 %#22222 0-+/ +#1_'+W+ '*2-/ +#100^-"-2012 2#0-0031X #,2/ -," 7-3*7- /' Tier 2 DEIS Comment and Responses -/('**' +)'8.,-,, - ',1-,.+'*7 -1&-$1)7 )!/' ',2#**73.4 5-",#7_-" 3 (#!2/(/3 *'!)-++#,21/,3,"##I, 72-,87. 11 :; Submittal: P-15 222220'%', * #11 %#22222 0-+/5'!-*#<38+ ,)-* 30,W+ '*2-/!* ,1)#)1'^7 &--0!-+X #,2/ 230" 7-3*7- / -/ +#1_'+ Type: Email 3 (#!2/3 *'!)-++#,21/,3,"##I, 72-,87. 11 Name: Nicole Guzman Colburn and Chris Colburn ,# 0 00-22#0- 7&31 ," ,"; 22#,"#"2&#.3 *'!+##2',% 22#5 #0%4'%&1!&--*-,3,#- 0 '$2#01.# )',%5'2&1#4#0 *.#-.*# ,"0#4'#5',%2&#.0-4'"#"+ 2#0' *1'2 #! +#!*# 02& 2 Title: Citizens ,-20 $$'!123"'#1& 4# ##,"-,#0#% 0"',%#62#,"',%20#"#0"0',2&#$'0121#%+#,2-$2&# .0-.-1#" 7. 11 3'*"',%.* ,10'15#12 2#"2& 2#4#,',%-*-! *0#1'"#,21!300#,2*731# 20#"#0"02- !!#115#12 -3,"457$0-+457 12�#'1,--.2'-,2-"-1-2&#!300#,2 5 72&#&'%&5 71 0#1#23.03-! *0#1'"#,21 *1-31#20#"#0"02- !!#11457 Business/Affi liation: $0-+4571- 12- 4-'"2&#!300#,212-.1'%, ,"20 $$'! !)3. 11-!' 2#"5'2&2& 2 !!#11.-',20'15#1##'2-2&#!300#,2.* ,1! **',%$-0!-,,#!2',%20#"#0"0',2- -,#!-+.*#2#0- " ,"2-2&#',2#0!& ,%#5'**-,*7',!0# 1#2 $$'!-,-300- "2- 4-'" Address: 15500 SE Kreder Rd. & 4',%2-31#2&#',2#0!& ,%#0(#0#/3#122& 2123"'#1 #"-,#2-*'+'22&#$3230#.-2#,2' * 20 $$'!-300- "5'**1##-,!#2&'1',2#0!& ,%#'1 3'*20 Dayton, OR 97114 #1.#!2$3**7- 5'!-*#<38+ ,)-* 30, ,")&0'1)-* 30, 20#"#0"0 , 72-,- Response to Comment: ODOT appreciates the Colburn’s comments concerning Kreder Road. Currently, Kreder Road is being used as a cut-through movement by eastbound traffi c on Oregon 18 that would otherwise be turning left on Oregon 99W heading toward McMinnville. Kreder Road is also used as a cut-through by eastbound traffi c on Oregon 99W that would otherwise be turning right (or westbound) on Oregon 18. With construction of the Bypass, the Oregon 18/Kreder Road intersection will be closed. All traffi c on Oregon 99W and Oregon 18 will use the Dayton interchange. Direct access to Oregon 18 will not be possible from Kreder Road after the Bypass is constructed, thereby eliminating the potential to make either of the “cut-through” movements mentioned in the comment.

Newberg Dundee Bypass N-150 Tier 2 FEIS Appendix N: Public Comments and Responses Your comment also mentions that Kreder Road would be connected to the Dayton Interchange and that would increase trafﬁ c on Kreder Road. ODOT selected the design option that connects Kreder Road to Ferry Street in Dayton via a new bridge over the Yamhill River. As a result, trafﬁ c to and from the Dayton Interchange will not have direct access to Kreder Road.

ODOT does not see a reason to conduct trafﬁ c studies on Kreder Road because, after the Bypass is constructed, trafﬁ c on Oregon 18 will not have direct access to Kreder Road and Kreder Road will not connected to the Dayton interchange.

Newberg Dundee Bypass N-151 Tier 2 FEIS Appendix N: Public Comments and Responses P-16

Tier 2 DEIS Comment and Responses

Submittal: P-16

Type: Hearing Testimony

Name: Ted Crawford

Title: Citizen

Business/Afﬁ liation:

Address: 876 SW View Crest Drive Dundee, OR 97115

Response to Comment:

ODOT appreciates Mr. Crawford’s support for the Newberg Dundee Bypass project. The project will relieve congestion on Oregon 99W through Dundee, improve safety and generally beneﬁ t economic development.

Newberg Dundee Bypass N-152 Tier 2 FEIS Appendix N: Public Comments and Responses P-17

Tier 2 DEIS Comment and Responses

Submittal: P-17

Type: Hearing Testimony

Name: Marc Dochez

Title: Citizen

Business/Afﬁ liation:

Address: PO Box 4 Dundee, OR 97115

Response to Comment:

ODOT appreciates Mr. Dochez’s suggested changes to the proposed interchange at Oregon 99W and the East Dundee Connector Road and his stated preference for local circulation option 7.5C.

ODOT did not examine the addition of an eastbound on-ramp and a westbound off-ramp during project development because the signalized intersection at Oregon 99W and East Dundee Connector Road would operate at a very good level of service in the year 2030 and the ramps would be very costly. Adding an eastbound on-ramp and a westbound off-ramp would:

Require constructing the ramps on structure parallel to Oregon 99W and next to the Willamette and Paciﬁ c Railroad (WPRR) right of way,

Newberg Dundee Bypass N-153 Tier 2 FEIS Appendix N: Public Comments and Responses P-17

Require additional right of way and property acquisition from businesses near Dundee and could impact the WPRR,

Require a wider structure over 99W and additional lanes on the East Dundee Connector Road for merge lanes,

Interfere with trafﬁ c operation at the new Dayton Avenue-Fox Farm Road intersection,

Increase project costs.

From a trafﬁ c operation standpoint, the signalized intersection at Oregon 99W and East Dundee Connector Road is forecast to operate at a volume-to-capacity ratio of approximately 0.90 in the year 2035.

ODOT agrees with Mr. Dochez’s preference for local circulation option 7.5C, because it will allow for planned expansion of the Chehalem Glenn Golf Course and the Providence Newberg Medical Center, as well as fewer noise and vibration impacts.

Newberg Dundee Bypass N-154 Tier 2 FEIS Appendix N: Public Comments and Responses P-18

Tier 2 DEIS Comment and Responses

Submittal: P-18

Type: Comment Form

Name: Marc Dochez

Title: Citizen

Business/Afﬁ liation:

Address: PO Box 4 Dundee, OR 97115

Response to Comment:

ODOT appreciates Mr. Dochez’s comments concerning a gateway for the City of Dundee at the Oregon 99W / connector road interchange.

During the Context Sensitive and Sustainable Solutions (CS3) workshops, ODOT discussed interchange character and received and documented input from the workshop attendees on the character of the interchange. ODOT has committed to provide architectural “gateway” treatments and will conduct additional coordination to ensure that the character and feel of this interchange is appropriate.

Newberg Dundee Bypass N-155 Tier 2 FEIS Appendix N: Public Comments and Responses P-18

See ODOT’s response to Mr. Dochez’s previous comment, P-17, for an explanation why a ramp cannot connect directly on to Oregon 99W at the proposed interchange at Oregon 99W and the East Dundee Connector Road.

Newberg Dundee Bypass N-156 Tier 2 FEIS Appendix N: Public Comments and Responses P-19

Tier 2 DEIS Comment and Responses

Submittal: P-19

Type: Hearing Testimony

Name: Jillian Glazer

Title: Citizen

Business/Afﬁ liation:

Address: 1211 E. 11th St, Newberg, OR 97132

Response to Comment:

ODOT appreciates Ms. Glazer’s concerns related to the potential for the Newberg Dundee Bypass project to displace his newly-remodeled house and his concern that potential residential displacements in his neighborhood have not been appropriately considered by the project.

ODOT is working to design a project that takes into consideration impacts to residences and businesses in the project area, within the context of identifying the alternative and its design that best meet the project’s purpose and need. Chapter 3.3 – Right-of-Way and Appendix E of the Tier 2 DEIS and FEIS and the related supporting documentation summarize the anticipated right-of-way acquisition needs of the project and their potential to displace existing residences and businesses. This information on potential

Newberg Dundee Bypass N-157 Tier 2 FEIS Appendix N: Public Comments and Responses P-19

displacements of residences and businesses was among the information considered in identifying a Preferred Alternative.

All right-of-way purchases and displacements/relocations will be conducted by the project in conformity with the Uniform Relocation Assistance and Real Properties Acquisition Policies Act of 1970.

Newberg Dundee Bypass N-158 Tier 2 FEIS Appendix N: Public Comments and Responses Racheal Jones P-20 From: Donna Robinson Sent: Monday, July 19, 2010 9:59 AM To: Racheal Jones Subject: FW: Newberg Dundee Bypass FHWA-OR-EIS-10-01-D

Tier 2 DEIS Comment and Responses QPUU@SEhrUUvbhvy)EhrUQPUU@S5qhr d HqhEy (! &)#%6H Xvyyvh8v0@vyHusx09hSiv 6H69PSFryyG0UCPHQTPISqrSq AX)Irir t9qrr7hACX6PS@DT 9 Submittal: P-20

FYI Type: Email

8uh yvrCh vbhvy)puh v5h qhpprpd TqhEy '! )" QH Name: Charlie Harris QPUU@SEhrUUv vpuryyrr h5qt Irir t9qrr7hACX6PS@DT 9 Title: Citizen

July 18, 2010 Business/Afﬁ liation: Dear Mr. Potter and Ms.Eraut:

Here are my comments on the draft EIS. Because of the relatively short timeline and extraordinary length of the document, I am only able to comment on the Environmental Justice section of the document. I request that theAddress: comment 19400 NE Jaquith Rd. period be extended to allow additional time to commentfully on the document. I can say now though, that, based on the Newberg, OR 97132 data presented in the DEIS, the DEIS is simply wrong in concluding that theAlternative Build does not have a disproportionately high and adverse effect on minority and low-income populations, Response to Comment: I am the owner of two residences in the Area of Potential Impact (“API”). I am also on the Board the Fairof Directors of Housing Council of Oregon. I Andam one of the people interviewed “low as incomea representative, through my employment at CASA of Oregon, which develops low income housing and has developed farmworker housingODOT in the API. received Mr. Harris’ comments related to Environmental Justice (EJ)

Contrary to Executive Order 12896, this highway project will disproportionately impact minority and low-incomeon July 18, 2010. In that email, Mr. Harris requested an extension to the populations. DOT Order 6640.23 defines “disproportionate impact in the following manner: comment period. The Tier 2 DEIS was available for review for 45 days and a

DisproportionatelyHigh and Adverse Effect onnority Mi and Low-Income Populations public hearing was held on June 29, 2010, to provide information and answer means an adverse effect that: (1) is predominately borne by a minority population and/orquestions a low- on the project, as well as take comments on the DEIS. income population; or (2) will be suffered by the minority population and/or low-income population and is appreciably more severe or greater in magnitude than the adverse effect that will be suffered by the nonminority population and/or non low- income population. Mr. Harris’ point regarding the lack of analysis to meet the ﬁ rst of the two requirements for determining disproportionate high and adverse impacts The main flaw in theEJ analysis found in the draft EIS is that the conclusion that thereproportionate is no dis impact relies solely on the second factor and ignores first. the Even though the data found in the DEIS clearly supports the presence(i.e., adverse effects predominately borne by a minority and/or low-income of EJ populations within the study area, and clearly shows the disproportionate impact on thesethe DEIS populations, repeatedly concludes that because deleterious the impacts are found throughout the Bypass, there is no disproportionatepopulation) was carefully considered when revising the Tier 2 FEIS Chapter 3 impact. EJ section. As this section was revised, more analysis was added pertaining

Take, for example, this data found the in EJ Technical Memo: to the following questions: Is the adverse effect predominately borne by the EJ population? Are more minority and/or low-income persons impacted than

Newberg Dundee Bypass N-159 Tier 2 FEIS Appendix N: Public Comments and Responses • over half of the students at Edwards Elementary (serving the Mill neighborhood in Newberg) and at Dayton Elementary schools are eligible for the USDA free/reduced cost meals, suggesting that EJ populations, based on low- income status, live in the project area.(EJ Tech. Memo, p. 40). P-20

• In Segments 4 and the 5, block groups intersecting these segments in Newberg had percentages of minority and low income households that were higher than county’s the percentages. non-minority and/or non-low-income persons? An example of this is that there • 25 of the Housing Authority’s 30 public housing units are located in Segment 5 and within 0.5 miles of the will be 95 residences displaced by the project; only 15 of these residences project area. (EJ Tech. Memo, p. 45) house minority or low-income populations (3 low-income, 4 minority and 8 • Each of the 3 design options for Segment 5 (South Newberg) would result in an adverse impact on EJ Hispanic). Thus, the residential displacement will not be predominately borne populations. The south Newberg neighborhood located in Segment 5 would experience adverse direct impacts in residential displacements, increased noise and vehicle pollutant emissions, traffic pattern changes, connectivity issuesby a minority or low-income population. and visual impacts. This area has the highest concentration of low-income households populationsand non-white within the API. EJ Tech. Memo, p. 48) Mr. Harris lists several areas in the Newberg Dundee Bypass EJ Technical • Figures 16 and 17 on page 51 of EJ the Tech. Memo graphically shows that minority and low income households are disproportionately impacted by the Bypass. Memorandum where potential EJ population impacts are identiﬁ ed and refers to disparate impacts to EJ populations. It was clearly stated in the Tier 2 • Almost half of the households that will experience noise levels meeting or exceeding ODOT’s substantial increase noise impact criteria are found in Segment (EJ Tech. 5. Memo, 53)p. DEIS that there are minority and/or low-income persons located near the Bypass, particularly in Segments 5 and 6. It is acknowledged that there will • In Segment 4, two farms would be displaced or their buildings relocated. Farmworker one housing of the on farms could experience a substantial increase in noise impacts. It is not clear whether the farmworker housing couldbe beimpacts to those populations. For example, there will be direct impacts lost if the farm on which it is located were displaced. caused by trafﬁ c noise, residential displacements, and changes to visual

Despite these disparate impacts, the DEIS repeatedly concludes that there is no indication that these impacts wouldquality. be However, per FHWA guidance, in making the determination regarding disproportionately higher on EJ populations, since these increased impacts would be felt along the Bypass by non-EJdisproportionately high and adverse effects, mitigation and enhancement populations as well. (See, for example, DEIS page 3-153; also EJ Tech. Memo, 53,p. discussing the noise impacts. Similarly, EJ Tech. Memo, 54,p. in dismissing any disparate visual impacts, states that, “Since visual impacts would measures and offsetting benefi ts (such as improved travel times) provided to occur along the entire Build Alternative, EJ populations would not be disproportionately affected.”) minority and low-income populations, as well as project design elements also Under the rationale of the DEIS, a route that intentionally was selected to go primarily through EJ neighborhoods, but need to be considered. Thus, a discussion of offsetting benefi ts was added perhaps also went through one non-EJ neighborhood, would be OK, because the impact (noise, for example) is the same along the entire route. This is exactly the situation that Executive Order 12898 was intended to address. to the environmental consequences section of the Tier 2 FEIS Chapter 3 EJ section (NEPA allows the discussion of benefi ts, as well as impacts in The conclusion that there is no disproportionate impact on EJ neighborhoods is patently absurd and disregards the definitions of disparate impact as stated above. Yes, it’s true that the increased noise level may be the same along the an EIS), and additional analysis of mitigation measures (particularly noise entire Bypass route. But if, as is the case here, the Bypass route affects a disproportionate number of EJ households, there is a disparate impact. walls). Considering the impacts, mitigating measures, and offsetting benefi ts, ODOT and FHWA have made a determination that the project will not The conclusion under section 3.5.4 of the DEIS (p. 3-155),pro thatposed thep roject will not cause pdisroportionately high and adverse human health and environmental effects on minority or low-income populations, illogical is andsimply false. disproportionately impact minority and low-income populations

Given the disparate impact on EJ households, mitigation measures that have been dismissed reducing (for example, the Bypass speed through the Mill neighborhood) should be reconsidered. Furthermore, a supplement to the DEIS shouldbe In regard to the use of noise walls, the Chapter 3 EJ section has been issued to address the effectiveness various of mitigation measures (for example, noise barriers) in EJ neighborhoods. Noise mitigation is one example. Despite taking 5 years to prepare DEIS, this noise barriers were not modeled. While revised to more clearly state that noise walls will be used where reasonable noise barriers are mentioned as a possible mitigation measure, the DEIS simply states that such barriers are a possibility. The DEIS states that the Final EIS will address noise mitigation. The problem is that the public’s opportunity to and feasible. One criteria of whether a noise wall is reasonable is that owners meaningfully comment on these measures is at the DEIS The stage. DEIS seeks public input on which of severalgns desi and residents must be in favor of the noise wall (this is determined by simple along the route should be chosen. However, because the DEISgly concludes wron that there is nop aratedis impact on EJ neighborhoods, and because insufficient information is provided, one cannot make reasoned choices on which route or majority vote). The mitigating effectiveness of noise walls has also been design should be selected. modeled for the Tier 2 FEIS, and that analysis is included in the noise section

In conclusion, the DEIS is wrong to conclude (illogically) that the Build Alternative has no disparate impact on low-income and summarized in the EJ section. At this time, there are ﬁ ve locations and minority populations. I again urge FHWA to extend the comment period. FHWA Lastly, should issue app sulement to the DEIS that provides sufficient information to allow informed choice. proposed for noise walls in the Tier 2 FEIS, which all coincide with areas of ! Newberg Dundee Bypass N-160 Tier 2 FEIS Appendix N: Public Comments and Responses P-20 Charlie Harris

19400 NE Jaquith Rd. adjacent EJ populations including the Mill, Avalon, Springbrook Estates, Nut Newberg, OR 97132 Tree Ranch and Mountain View neighborhoods. If owners and residents are in favor of noise walls in these areas, the wall will be constructed as part of the [email protected] project.

Newberg Dundee Bypass N-161 Tier 2 FEIS Appendix N: Public Comments and Responses Racheal Jones

From: POTTER James T * Tim [[email protected]] Sent: Monday, June 21, 2010 4:00 PM To: William Ciz; Donna Robinson; Emily Moshofsky Cc: AMADOR Kelly L; THOMPSON Rodney * Rod Subject: FW: Newberg Dundee Tier 2 Draft EIS And Reqeust for Technical Memos. Tier 2 DEIS Comment and Responses

FYI. Please note Mr. Harris' request for Technical Memos.

Submittal: P-21 4 5 5 % !! "&% &'() * Type: Email +,89: 51 1 (2/

Tim: I initially sent this to an incorrect email address. Please see below. Name: Charlie Harris Charlie Harris

4 5 5 Title: Citizen % !! ;"&% 7 7 7 4 7<7% ( 57<7/ + 7 Business/Afﬁ liation: 89: 51 1 (2/

Mr. Potter: Address: 19400 NE Jaquith Rd.

th Newberg, OR 97132 I will be out of town for the Open House on. theHowever, 29 having simply given the draft EIS a brief once-over, I would like to provide some preliminary comments on the environmental justice and noise sections.

First of all, this is supposed to be a draft of the final EIS. Yet the sections on environmental justice and noise do not give sufficient information for meaningful analysis. Please see 40 CFR SEC. 1502.22 INCOMPLETE OR UNAVAILABLE INFORMATION. “When an agency is evaluating reasonably foreseeable significant adverse effects on the humanResponse to Comment: environment in an environmental impact statement and there is incomplete or unavailable information, the agency shall always make clear that such information is lacking. A. If the incomplete information relevant to reasonably foreseeable significant adverse impacts is essential to a reasoned choice among alternatives and the overall costs of obtaining it are not exorbitant, the agency shall include the information in the environmental impact statement.” Issue - Lack of sufﬁ cient information

The draft EIS states that there “may” be a noise wall to mitigate the noise in the Mill Neighborhood of S. Newberg, but there is no definitive statement that such mitigation will in fact take place, nor is there any way to determine the extent to which such a wall will actually mitigate the noise. A The noise and environmental justice (EJ) sections in Chapter 3 of the Tier 2 FEIS have been revised and supplemented with additional information. pparently any decisions on the extent to which ANYgation miti will take place depends on the outcome of a noise study yet to be done. How is onepreferred to choose alternative a if the factors For example, the noise section now includes modeling to show the noise underlying such a choice are absent? reductions that would result from noise walls at ﬁ ve locations where noise In the Location EIS, it was stated that mitigation measures would be set forth in the Design EIS. Here we are at the Design EIS stage, and now we’re told that the feasibility of mitigation measures will be provided in the FINAL Designwalls EIS.are proposed. These locations all occur where EJ populations are Given that it’s been just under 5 years since the Location EIS was finalized, it would seem that there would have been enough time to do whatever noise studies are necessary to allow meaningful comment on this issue. Since thelocated draft EIS (Mill, Avalon, Springbrook Estates, Nut Tree Ranch, and Mountain provides the public with its opportunity to comment, one would have hoped that it would provide information sufficient in detail to allow comments. View neighborhoods). The noise information is summarized and assessed

Further, the environmental justice section says there will be no disproportionate impact on minorities or low incomein terms of the impacts and mitigation measures on minority and low-income individuals, based solely on the number of houses to be relocated, yet both Fig. 3.5.2, and the information provided in the noise section clearly show a disproportionate impact on residents in the Mill neighborhood. The whole environmentalpersons in the EJ section. justice section is dismissive of any disproportionate impact on this neighborhood.

Newberg Dundee Bypass N-162 Tier 2 FEIS Appendix N: Public Comments and Responses P-21

In light of these shortcomings (and I only read those two sections), I urge you to issue a supplement to the draft EIS providing the data that is missing from this draft EIS.

In any event, I request that you extend the 45 day comment period, so that one can meaningfully comment on this massive document. Issue – Lack of deﬁ nitive statement regarding use of noise walls Please include these comments in the official record. Thank you.

Please send me hard copies of the following Technical Memoranda: Environmental Justice, Noise, Socioeconomics,The AirEJ section has been revised to more clearly state that ODOT is Qualify, Visual Resources and Wetlands. The address to send them to is as follows. committed to using noise walls where reasonable and feasible. One criteria Charlie Harris of whether a noise wall is reasonable is that owners and residents must be in 19400 NE Jaquith Rd favor of the noise wall (this is determined by simple majority). The mitigating Newberg, OR 97132 effectiveness of noise walls has also been modeled for the Tier 2 FEIS and that analysis is included in the noise section and summarized in the Chapter 3 EJ section. At this time, the Tier 2 FEIS discusses ﬁ ve proposed locations for noise walls, which all coincide with areas of adjacent EJ populations including the Mill, Avalon, Springbrook Estates, Nut Tree Ranch and Mountain View neighborhoods. If owners and residents are in favor of noise walls in these areas, ODOT will construct them as part of the project.

Newberg Dundee Bypass N-163 Tier 2 FEIS Appendix N: Public Comments and Responses P-22

Tier 2 DEIS Comment and Responses

Submittal: P-22

Type: Letter

Name: Keith Hay

Title: Citizen

Business/Afﬁ liation:

Address: 15775 Ribbon Ridge Rd Newberg, OR 97132

Response to Comment:

ODOT appreciates Mr. Hay’s comments concerning his assessment that the project’s Build Alternative would: adversely affect livability in Newberg; compromise the Newberg Riverfront Master Plan; and adversely impact the Chehalem Parks and Recreation District’s plan to develop the Chehalem Heritage Trail.

In identifying the Bypass as an element of the Preferred Alternative, ODOT has concluded that the beneﬁ ts of the project to the area’s transportation system, economic health and livability outweigh the project’s adverse impacts and costs.

Newberg Dundee Bypass N-164 Tier 2 FEIS Appendix N: Public Comments and Responses P-22

The City of Newberg and the Chehalem Parks and Recreation District (CPRD) have coordinated with ODOT on the project and support the Preferred Alternative. The City of Newberg has incorporated the Bypass into their Newberg Riverfront Master Plan and ODOT is coordinating the project with CPRD in their planning of the Heritage Trail.

The project will not adversely impact the Newberg Riverfront Master Plan area because the Bypass would not preclude development in the Plan area. Additionally, local access to the area (pedestrian and vehicular access) will be provided via College and River Streets. ODOT will continue to coordinate with the City of Newberg regarding their plans for developing the riverfront area.

In response to comments concerning impacts to wildlife corridor and streams, the Tier 2 DEIS identiﬁ es the wildlife corridors in the area of project impact API. Most wildlife corridors identiﬁ ed in the API primarily exist within riparian areas along streams and rivers. These corridors, shown on Figures 3.14-1 through 3.14-9 in the DEIS, include Hess, Spring Brook and Chehalem Creeks, the Yamhill River, and tributaries to these streams.

The project will impact approximately 44 acres of riparian habitat. ODOT will maintain wildlife corridor connectivity in the project area by bridging the streams and building wildlife benches where necessary. Additionally, ODOT will mitigate impacts to vegetation a 2:1 replanting rate.

Newberg Dundee Bypass N-165 Tier 2 FEIS Appendix N: Public Comments and Responses P-23

Tier 2 DEIS Comment and Responses

Submittal: P-23

Type: Hearing Testimony

Name: Keith Hay

Title: Citizen

Business/Afﬁ liation:

Address: 15775 Ribbon Ridge Rd Newberg, OR 97132

Response to Comment:

ODOT appreciates Mr. Hay’s comments concerning environmental impacts to the Newberg Riverfront Master Plan area and the Heritage Trail as related to the Newberg Dundee Bypass project, his support for the No Build Alternative and his desire to see a Regional Bypass or toll road from I-5 to the Paciﬁ c coast.

Newberg Dundee Bypass N-166 Tier 2 FEIS Appendix N: Public Comments and Responses P-23

ODOT reviewed and documented a Regional Bypass alternative in the Newberg Dundee Transportation Improvement Project (NDTIP) Alternatives Analysis Report, December 1997. Two Regional Bypass Alternatives, 2A and 2B, were then included in the alternatives analysis for the Newberg Dundee Bypass Tier 1 (Location) DEIS, 2002, but were withdrawn from further consideration due to:

less effective congestion reduction; does not meet the project’s purpose and need

greater impacts (wetland, farmland resource) than other alternatives

lack of support for required land use approvals by Marion County

need for construction of additional roadway facilities

Newberg Dundee Bypass N-167 Tier 2 FEIS Appendix N: Public Comments and Responses P-23

growth inducing impacts and cost.

In the Tier 1 (Location) FEIS ODOT stated that tolling may be included as part of the Bypass, and that the feasibility of tolling would be evaluated, if appropriate, during Tier 2. ODOT completed a tolling study before release of the Tier 2 (Design) DEIS and found tolling was not an acceptable source of funding for the project. The Tier 2 DEIS states,

“In February 2006, ODOT entered a public-private partnership Pre- Development Agreement (PDA) with the Oregon Transportation Improvement Group (OTIG), led by Macquarie North America Ltd., to study tolling of the Bypass. In December 2006, OTIG released the Milestone 1 report, which evaluated tolling as the main source of funding for the Bypass project and discussed tolling options. Their analysis found that tolling just the Bypass alone would not generate enough revenue to build, operate, and maintain the Bypass. The only tolling option that would provide enough funding was to toll both the Bypass and existing Oregon 99W. ODOT hired Bear Stearns, Inc., to evaluate the Milestone 1 report. Bear Stearns agreed that tolling only the Bypass would not produce enough revenue to fund the project. ODOT, along with the local stakeholders, decided that tolling both the Bypass and existing Oregon 99W was not an acceptable funding source at this time. Therefore, tolling the Bypass is currently not considered part of the Build Alternative.”

Copies of the Tier 1 DEIS and FEIS and Tier 2 DEIS are located on the project website at: http://www.oregon.gov/ODOT/HWY/REGION2/newbergdundee2.html A copy of the Newberg Dundee Transportation Improvement Project (NDTIP) Alternatives Analysis Report is available from the ODOT Region 2, Area 3, Manager.

Newberg Dundee Bypass N-168 Tier 2 FEIS Appendix N: Public Comments and Responses P-24

Tier 2 DEIS Comment and Responses

Submittal: P-24

Type: Individual Testimony

Name: Allen Herriges, Jr.

Title: Citizen

Business/Afﬁ liation:

Address: 925 S. River St. Unit 16 Newberg, OR, 97132

Response to Comment:

ODOT appreciates Mr. Herriges’ comments and his request for a design option in Segment 5 that will leave Wynooski Road and 11th Street Open. ODOT’s Preferred Alternative includes Design Option 5.2D, which will keep 11th Street open to trafﬁ c.

Newberg Dundee Bypass N-169 Tier 2 FEIS Appendix N: Public Comments and Responses P-24

Newberg Dundee Bypass N-170 Tier 2 FEIS Appendix N: Public Comments and Responses P-25

Tier 2 DEIS Comment and Responses

Submittal: P-25

Type: Comment Form

Name: Michael Huston

Title: Citizen

Business/Afﬁ liation:

Address: 31995 NE Rex Rd. Newberg, OR 97132

Response to Comment:

ODOT appreciated Mr. Huston’s concern about access to Oregon 99W in the Rex Hill Area.

East of the East Newberg Interchange, the Bypass will connect with Oregon 99W on Rex Hill. Access to properties along Oregon 99W in this area will change as follows.

Local circulation changes will include connecting Old Parrett Mountain and Quarry Roads together on a bridge over Oregon 99W. A frontage road south and parallel to Oregon 99W will connect Old Parrett Mountain and Haugen Roads. The frontage road will connect to Oregon 99W east of the existing Haugen Road intersection. This new intersection will provide safer access

Newberg Dundee Bypass N-171 Tier 2 FEIS Appendix N: Public Comments and Responses P-25

for the increased traffi c volume on Oregon 99W and will be limited to right-in/ right-out movements for eastbound traffi c on Oregon 99W. The Quarry Road intersection will also be limited to right-in/right-out movements for westbound traffi c on Oregon 99W. These two intersections, Quarry Road and the new frontage road, along with the bridge over Oregon 99W, will provide a new local road system for properties on both sides of Oregon 99W on Rex Hill.

Concerning Mr. Huston’s other questions, the overpass is not expected to impact wells in this area. There will be a fi ll slope close to the well on tax lot 3210-2900. Any other well impacts would be assessed as part of fi nal design and impacts will be mitigated. The overpass should not signifi cantly change sun/shade patterns outside of the project right of way. ODOT is not installing berms in this area. The U.S. Postal Service will determine the future location of mailboxes.

Newberg Dundee Bypass N-172 Tier 2 FEIS Appendix N: Public Comments and Responses P-25 P-25

Newberg Dundee Bypass N-173 Tier 2 FEIS Appendix N: Public Comments and Responses P-25

Newberg Dundee Bypass N-174 Tier 2 FEIS Appendix N: Public Comments and Responses P-26

Tier 2 DEIS Comment and Responses

Submittal: P-26

Type: Comment Form

Name: Johanna Labadie

Title: Citizen

Business/Afﬁ liation:

Address: 800 Wynooski Newberg, OR 97132

Response to Comment:

ODOT appreciates Ms. Labadie’s input on the Newberg Dundee Bypass Project. It is expected that wildlife will continue to use existing wildlife corridors for movement throughout the project area. ODOT will meet all required safety standards for pedestrians, when completing ﬁ nal design.

Newberg Dundee Bypass N-175 Tier 2 FEIS Appendix N: Public Comments and Responses P-26

Newberg Dundee Bypass N-176 Tier 2 FEIS Appendix N: Public Comments and Responses P-27

Tier 2 DEIS Comment and Responses

Submittal: P-27

Type: Comment Form

Name: Judith Labadie

Title: Citizen

Business/Afﬁ liation:

Address: 800 Wynooski Road Newberg, OR 97132

Response to Comment:

ODOT appreciates Ms. Labadie’s input on the Newberg Dundee Bypass project including her concern about increased trafﬁ c levels and resulting safety concerns on Wynooski Road.

The Bypass is access-controlled in Segment 5. Therefore, traffi c from the Bypass would not be on local streets and would not introduce new traffi c into the neighborhood for current or future years. The parts of Wynooski Road to be relocated will be built to current city standards, which include bike lanes and sidewalks. The preferred design option 5.2D, keeps 11th Street open. Therefore, traffi c is not being diverted onto 9th Street.

Newberg Dundee Bypass N-177 Tier 2 FEIS Appendix N: Public Comments and Responses P-27

ODOT identiﬁ ed design option 5.2D for the following reasons.

Design Options 5.1C.2 and 5.1D.2 would each remove 56 residences, while Design Option 5.2D would remove 48 residences.

Design Options 5.1C.2 and 5.1D.2 would displace residential units on both sides of 11th Street between Columbia Street and Wynooski Road and would close 11th Street.

Design Option 5.2D would displace residential units only on the south side of 11th Street and keep 11th Street open to trafﬁ c.

Design Option 5.2D would alignment acquire more of the SP Newsprint property, thereby reducing the acquisition of residential parcels and reducing neighborhood impacts.

With this design option, some displacement of SP Newsprint structures and facilities could occur; however, these could be relocated elsewhere on SP Newsprint property.

Design Options 5.2D would be above-grade. The fully depressed option, Design Option 5.1C.2, would have construction costs that are about twice as much as the recommended option (5.2D) due to related dewatering issues.

Newberg Dundee Bypass N-178 Tier 2 FEIS Appendix N: Public Comments and Responses P-28

Tier 2 DEIS Comment and Responses

Submittal: P-28

Type: Comment Form

Name: Judith Labadie

Title: Citizen

Business/Afﬁ liation:

Address: 800 Wynooski Road Newberg, OR 97132

Response to Comment:

ODOT appreciates Ms. Labadie’s comments concerning the impacts from the proposed project on the Wynooski Road neighborhood in Segment 5. ODOT’s recommended design option in Segment 5 is 5.2D, which does not include changes to 9th Street. Citizens interested in improvements to 9th Street should work with the City of Newberg, the owner of these roadways.

ODOT selected Design Option 5.2D for the following reasons.

Design Options 5.1C.2 and 5.1D.2 would each remove 56 residences, while Design Option 5.2D would remove 48 residences.

Newberg Dundee Bypass N-179 Tier 2 FEIS Appendix N: Public Comments and Responses P-28

Design Options 5.1C.2 and 5.1D.2 would displace residential units on both sides of 11th Street between Columbia Street and Wynooski Street and would close 11th Street. Design Option 5.2D would displace residential units only on the south side of 11th Street and keep 11th Street open to trafﬁ c.

Design Option 5.2D alignment impacts more of the SP Newsprint property, reducing residential and neighborhood impacts. With this design option, some displacement of SP Newsprint structures and facilities could occur; however, these could be relocated elsewhere on SP Newsprint property.

Design Options 5.2D is above-grade. The fully depressed option, Design Option 5.1C.2, would have construction costs that are about twice as much as the recommended option (5.2D) due to related dewatering issues associated with the fully depressed option.

Newberg Dundee Bypass N-180 Tier 2 FEIS Appendix N: Public Comments and Responses P-29

Tier 2 DEIS Comment and Responses

Submittal: P-29

Type: Comment Form

Name: Julian Labadie

Title: Citizen

Business/Afﬁ liation:

Address: 800 Wynooski Road Newberg, OR 97132

Response to Comment:

ODOT appreciates Mr. Labadie’s comments concerning the impacts from the project on Wynooski Road neighborhood. ODOT’s recommended design option in Segment 5 is 5.2D. This design option would keep 11th Street open to trafﬁ c.

Newberg Dundee Bypass N-181 Tier 2 FEIS Appendix N: Public Comments and Responses P-29

Newberg Dundee Bypass N-182 Tier 2 FEIS Appendix N: Public Comments and Responses P-30

Tier 2 DEIS Comment and Responses

Submittal: P-30

Type: Individual Testimony

Name: Linda Lee

Title: Citizen

Business/Afﬁ liation:

Address: 7375 SW Winters Rd Cornelius, OR 97113

Response to Comment:

ODOT appreciates Ms. Lee’s comments on the Newberg Dundee Bypass Project. After the public hearing in June 2010 and identiﬁ cation of the Preferred Alternative, ODOT reevaluated some local road connections because of concerns raised by the Department of Land Conservation and Development. In response, ODOT eliminated the proposed frontage road west of Riverwood Road due to the high cost of the frontage road compared to the cost of the land-locked properties.

Rezoning your property for other uses would need to be discussed with Yamhill County.

Newberg Dundee Bypass N-183 Tier 2 FEIS Appendix N: Public Comments and Responses P-30

Newberg Dundee Bypass N-184 Tier 2 FEIS Appendix N: Public Comments and Responses P-31

Tier 2 DEIS Comment and Responses

Submittal: P-31

Type: Comment Form

Name: Troy Mansﬁ eld

Title: Citizen

Business/Afﬁ liation:

Address: 1515 E 11th Street Newberg, OR 97132

Response to Comment:

ODOT appreciates Mr. Mansﬁ eld’s input on the Newberg Dundee Bypass project, in support of local circulation options 5.1C.2 and 5.D.2 and in opposition to local circulation option 5.2D.

ODOT understands Mr. Mansﬁ eld position, but ODOT’s preferred design option in Segment 5 is 5.2D, which will leave 11th Street open. ODOT identiﬁ ed this option because:

Design Options 5.1C.2 and 5.1D.2 would each remove 56 residences, while Design Option 5.2D would remove 48 residences.

Newberg Dundee Bypass N-185 Tier 2 FEIS Appendix N: Public Comments and Responses P-31

Design Options 5.1C.2 and 5.1D.2 would displace residential units on both sides of 11th Street between Columbia Street and Wynooski Road and would close 11th Street.

Design Option 5.2D would displace residential units only on the south side of 11th Street and keep 11th Street open to trafﬁ c.

While Design Option 5.2D alignment impacts more of the SP Newsprint property, it would reduce residential and neighborhood impacts relative to the other options. With this design option, some displacement of SP Newsprint structures and facilities could occur; however, these could be relocated elsewhere on SP Newsprint property.

Design Options 5.2D would place the Bypass above-grade. The fully depressed option, Design Option 5.1C.2, would have had construction costs about twice as much as the recommended option (5.2D), due to related dewatering issues.

In reference to the comment concerning grafﬁ ti, ODOT will address grafﬁ ti if and when it becomes an issue, as they do on other projects.

Newberg Dundee Bypass N-186 Tier 2 FEIS Appendix N: Public Comments and Responses P-32

Tier 2 DEIS Comment and Responses

Submittal: P-32

Type: Individual Testimony

Name: Carol Marshall

Title: Citizen

Business/Afﬁ liation:

Address: 15450 SE Kreder Rd. Dayton, OR 97114

Response to Comment:

ODOT appreciates Ms. Marshall’s comments expressing concern about the impact that the Bypass would have on the emergency vehicle and farm equipment access to and from Kreder Road.

In response, Local Circulation Option B for Segment 1 is ODOT’s preferred option; a change from the Tier 2 DEIS, wherein ODOT recommended Option A. ODOT had recommended Option A because it did not require an additional crossing of the Yamhill River. However, after further consideration, ODOT identiﬁ ed the Local Circulation Option B as the preferred option for the Tier 2 FEIS for the following reasons:

Newberg Dundee Bypass N-187 Tier 2 FEIS Appendix N: Public Comments and Responses Includes a new bridge over the Yamhill River, which will better serve the citizens of Dayton and is the jurisdictional preference. The bridge will provide a direct connection between Dayton east and west of the Yamhill River, and will result in less out of direction travel within Dayton.

Would uses less Exclusive Farm Use (EFU) land and does not require a Goal Exception.

Would limit access to EFU land south of the interchange. The Oregon Department of Land Conservation and Development (DLCD) expressed concerns about the potential increase in property access to EFU land with Local Circulation Option A.

Would reduce emergency response time (about 3 minutes, compared to Option A) with a bridge over the Yamhill River.

Local circulation Option B will include a connection from Kreder Road to Oregon 18 via an extension of Ferry Street across the Yamhill River and an underpass under the Bypass. Under Option B, ODOT will also improve Kreder Road. As designed, Option B will maintain emergency vehicle and access to and from Kreder Road. ODOT will work to ensure, through their design process, that appropriate clearance under the Bypass is maintained for standard farm use.

Newberg Dundee Bypass N-188 Tier 2 FEIS Appendix N: Public Comments and Responses P-33

Tier 2 DEIS Comment and Responses

Submittal: P-33

Type: Email

Name: Charles McClure

Title: Citizen

Business/Afﬁ liation:

Address: [email protected]

Response to Comment:

ODOT appreciates Mr. McClure’s comments on the proposed Newberg Dundee Bypass project. ODOT agrees with Mr. McClure. Springbrook Hazelnut Farm at 30295 N. OR 99W, Newberg, is on the National Register of Historic Places (NRHP) as the Chambers Farmstead.

Mr. McClure reiterated the agreement between ODOT and himself at the Public Open House June 29, 2010, to a staff member, that during the development of the East Newberg Interchange, a proposed frontage road would be located on the present Oregon 99W right of way. This placement of the frontage road would reduce the encroachment on the historic property and maintain its ambience by leaving vegetation that screens the property from the highway. This is still the current design in this segment of the Bypass. Please see the Tier 2 FEIS Chapter 2, (Figure 2.2-5) for a map of the current Bypass alignment.

Newberg Dundee Bypass N-189 Tier 2 FEIS Appendix N: Public Comments and Responses P-33 P-33

Newberg Dundee Bypass N-190 Tier 2 FEIS Appendix N: Public Comments and Responses FW: Newberg Bypass- Tier 2 DEIS- COMMENT Page 1P-34 of 1

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A )8uh yrHp8y rbhvy)pupx5sh pd Tr)XrqrqhEr %! !)!'QH Name: Charles McClure U)QPUU@SEhrUUv Tiwrp)Irir t7hUvr !9@DT8PHH@IU Please note the below correspondence, and especially the map of the northerly frontage road, Title: Citizen establishing that it will be located on the present Highway 99 with the same northern boundary edge. The point is we have historic propyert along this segment and it has been agreed that its ambience should be protected from further encroachment of highway traffic. Business/Afﬁ liation: Thank you.

Charles McClure Address: [email protected]

Response to Comment:

ODOT appreciates Mr. McClure’s comments on the Newberg Dundee Bypass project. Mr. McClure reiterated that his property that fronts Oregon 99W is historic. ODOT agrees with Mr. McClure. Springbrook Hazelnut Farm located at 30295 N. OR 99W, Newberg, is listed on the National Register of Historic Places as the Chambers Farmstead, dating from 1912.

http://webmail.parametrix.com/owa/?ae=Item&t=IPM.Note&id=RgAAAADkQQcGeXDIQ... 8/2/2010

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Newberg Dundee Bypass N-193 Tier 2 FEIS Appendix N: Public Comments and Responses Racheal Jones P-35 From: Donna Robinson Sent: Monday, July 19, 2010 9:58 AM To: Racheal Jones Subject: FW: Data posted to form 1 of http://www.odot.state.or.us/ffp/hwy/region2/ndb_contact.htm

222220'%', * #11 %#22222 0-+/ +#1_'+W+ '*2-/ +#100^-"-2012 2#0-0031X #,2/ -," 7-3*7- /' Tier 2 DEIS Comment and Responses -/('**' +)'8.,-,, - ',1-,.+'*7 -1&-$1)7 )!/' ',2#**73.4 5-",#7_-" 3 (#!2/(/, 2 .-12#"2-$-0+-$ &22./II5550-"-2012 2#0-0031I$$.I&57I0#%'-,I," [!-,2 !20&2+ :; Submittal: P-35 222220'%', * #11 %#22222 0-+/ 3-3'1)_3-3 #,2/ 3," 7-3*7- /' Type: Email -/ +#1_'+.4 5-",#7_-" 3 (#!2/5/, 2 .-12#"2-$-0+-$ &22./II5550-"-2012 2#0-0031I$$.I&57I0#%'-,I," [!-,2 !20&2+ Name: Mike McDonnell -02&#.3 *'!0#!-0"0& ,)10 222220'%', * #11 %#22222 Title: Citizen 0-+/(# '*00^-"-2012 2#0-0031[(# '*00^-"-2012 2#0-0031\ -/ 3-3'1)_3-3 #,2/ 23* / / 3 (#!2/, 2 .-12#"2-$-0+-$ Business/Afﬁ liation: &22./II5550-"-2012 2#0-0031I$$.I&57I0#%'-,I," [!-,2 !20&2+ ______ Address: 32055 NE Rex Hill Drive ______ '012[, +#/+')# Newberg, OR 97132 3 12[, +#/+!"-,,#** '2*#/ 0% ,'8 2'-,/ '""0#11[/ 0#6"0'4# '""0#11[/ Response to Comment: )'27/,#5 #0% 2 2#/-0#%-, I'./ &-,#/ ODOT appreciates Mr. McDonnell’s comments on the Newberg Dundee + '*/#!+')#+!"-,,#**^4#0'8-,0,#2 3')#[0#1.-,1#/5 Bypass project concerning local circulation in Segment 8.1A. ( ,2[,#51*#22#0/5 J,13 1!0' #/ , 2#/ II '+#/ / ' Access to NE Rex Road traveling westbound will be right in, right out only. In )-++#,21/ order to go eastbound on Oregon 99W, the traveler will take Quarry Road to the relocated NE Old Parrett Mountain Road to Oregon 99W.

Noise impacts were considered. No substantial noise increase impacts are predicted for this area because Oregon 99W already contributes to elevated sound levels in the area.

Newberg Dundee Bypass N-194 Tier 2 FEIS Appendix N: Public Comments and Responses P-35

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Newberg Dundee Bypass N-195 Tier 2 FEIS Appendix N: Public Comments and Responses Racheal Jones P-36 From: Donna Robinson Sent: Monday, July 19, 2010 9:58 AM To: Racheal Jones Subject: FW: Data posted to form 1 of http://www.odot.state.or.us/ffp/hwy/region2/ndb_contact.htm

222220'%', * #11 %#22222 0-+/ +#1_'+W+ '*2-/ +#100^-"-2012 2#0-0031X #,2/ -," 7-3*7- / ' Tier 2 DEIS Comment and Responses -/,-,, - ',1-,.+'*7 -1&-$1)7.('**' +)'8 )!/' ',2#**73.4 5-",#7_-" 3 (#!2/(/, 2 .-12#"2-$-0+-$ &22./II5550-"-2012 2#0-0031I$$.I&57I0#%'-,I," [!-,2 !20&2+ :; Submittal: P-36 222220'%', * #11 %#22222 0-+/ 3-3'1)_3-3 #,2/ 3," 7-3*7- /' Type: Email -/ +#1_'+.4 5-",#7_-" 3 (#!2/5/, 2 .-12#"2-$-0+-$ &22./II5550-"-2012 2#0-0031I$$.I&57I0#%'-,I," [!-,2 !20&2+ Name: Mike McDonnell ',-2�$-02&#.3 *'!0#!-0"0& ,)10 222220'%', * #11 %#22222 Title: Citizen 0-+/(# '*00^-"-2012 2#0-0031[(# '*00^-"-2012 2#0-0031\ -/ 3-3'1)_3-3 #,2/ 3,3* / / 3 (#!2/, 2 .-12#"2-$-0+-$ Business/Affi liation: &22./II5550-"-2012 2#0-0031I$$.I&57I0#%'-,I," [!-,2 !20&2+ ______ Address: 32055 NE Rex Hill Drive ______ '012[, +#/+')# Newberg, OR 97132 3 12[, +#/+!"-,,#** '2*#/ 0% ,'8 2'-,/ '""0#11[/ ,#0#6&'**"0 '""0#11[/ Response to Comment: )'27/,#5 #0% 2 2#/-0 I'./ &-,#/ ODOT appreciates Mr. McDonnell’s comments on the Newberg Dundee + '*/#!+')#+!"-,,#**^&-2+ '*0!-+ 3')#[0#1.-,1#/5 Bypass project and understands his concern regarding traffi c, noise, and line ( ,2[,#51*#22#0/ J,13 1!0' #/ of sight issues. , 2#/ II '+#/ / ' Traffi c on NE Rex Road is expected to be local traffi c only. Access to NE )-++#,21/ Rex Road traveling westbound will be right in, right out only. In order to go eastbound on Oregon 99W, the traveler will take Quarry Road to the relocated NE Old Parrett Mountain Road to Oregon 99W.

ODOT prepared a detailed noise analysis for the Preferred Alternative and the results of that analysis are documented in Section 3.10 Noise of this Tier 2 FEIS. No substantial noise increase impacts are predicted for the

Newberg Dundee Bypass N-196 Tier 2 FEIS Appendix N: Public Comments and Responses P-36

' +50'2',%2-4-'!#+7!-,!#0, -32 "#!0# 1#',2&#.0-.#027'-5,-,. 00-2+20'-5, !0#. 0!#*-$ 0#* ,"02�-32#-$2&#.0-.-1#"!'0!3* 2'-,0- "S02 T5'** # "( !#,22-+7.0-.#0270'.30!& 1#"2&'1* ,"1#4#0 *7# 01 %-5'2&2&#',2#,2-$ 3'*"',% +7"0# +&-+#0'"'",-2 37'22-*-! 2#+7&-+# *-,%1'"#2&#-,*70- ".0-4'"',%5 vicinity of Mr. McDonnell’s residence, primarily because Oregon 99W already !!#11$-0 -2&!&#& *#+ ,". 00-2+-3,2 ',105& 25'** #"-,#2-+'2'% 2#2&#,-'1# ," *',#-$1'%&2'113#17'5-3*"*')#+7- (#!2'-,10#!-0"#"$-0$3230#0#$#0#,!#0 contributes to elevated sound levels in the area and because of the distance +')#+!"-,,#** between Mr. McDonnell’s residence and any new roadway improvements.

There will be road widening in this area, but there is no elevation change of the roadway, so no interruption of line of sight is expected.

Newberg Dundee Bypass N-197 Tier 2 FEIS Appendix N: Public Comments and Responses Racheal Jones P-37 From: Donna Robinson Sent: Monday, July 19, 2010 4:05 PM To: Racheal Jones Subject: Fw: Draft EIS Comments

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Submittal: P-37

5 6 5 7 # "8 "-81220.9# Type: Email %4+ Tim- Name: Storr Nelson

I have several areas of concern with the Draft EIS especially section 3 and 4 within the City of Dundee Title: Citizen 1. One crossing within the city is not enough. Public safety backup and reinforcements typically come from Newberg and should the proposed crossing at 8th Street be closed Fulquartz would be the only alternative. Dundee (especially the river side of the bypass) would be better served and safer with two crossings. 6th Street would best suit the zoning changes that the Edwards have done and 10th would align best with 99W as 10th is Business/Afﬁ liation: already a railroad crossing.

2. The bypass as is passes through Dundee should be depressed with berms. This impacts Dundee in the least Address: 290 SE Edwards Drive manner and probably saves on crossing construction costs. Dundee OR 97115 3. Why is an at grade crossing for the Dundee connector not still under discussion. The train has made and probably will make only a few trips. This cost savings for the project would be very large with minimal impacts to travel times to and from the Bypass via the connector.

4. Pedestrian and bicycle pathways should be considered along the bypass corridor to allow them better access Response to Comment: along and across the bypass.

ODOT appreciates Mr. Nelson’s input on the Newberg Dundee Bypass

Storr Nelson project and its impact on the City of Dundee. The following are in response to 290 SE Edwards Drive speciﬁ c comments addressed in the submitted email. Dundee, OR 97115 503-806-6401 1) ODOT will construct only one local road overcrossing in Segment 3. Based on current residential development and the location of existing local roads, ODOT has identiﬁ ed the 8th Street for the overcrossing because it will serve all properties between the Bypass and the Willamette River. ODOT will continue to coordinate with the City of Dundee on the exact location of the overcrossing. ODOT may reconsider the 8th Street overcrossing if a new local road system is in place at another location, serving all properties between the Bypass and the Willamette River, by the time the Bypass is constructed.

Newberg Dundee Bypass N-198 Tier 2 FEIS Appendix N: Public Comments and Responses 2) Constructing a depressed roadway for the Bypass would cost an additional $12 million compared to an at-grade Bypass.

3) In accordance with Rail Oregon Revised Statute 824.204, ODOT eliminates existing at-grade crossings and does not construct any new at-grade crossings with railroads whenever possible for the long-term safety of the traveling public. Additionally, the railroad is not currently at the same grade as the local street.

4) Oregon 99W will remain the designated bicycle route through the Newberg and Dundee area after the Build Alternative is constructed. Bicycles are allowed on almost all Interstate and State Highways in Oregon. The 10- to 12-foot-wide outside shoulders planned for the Bypass will also accommodate bicycles safely. Local circulation changes to roads disrupted by the Bypass will be reconstructed to city or county design standards, which include bicycle and pedestrian facilities.

According to the Oregon Bicycle and Pedestrian Plan (OBPP), bicycle lanes are not required on roadways within urban areas with average daily trafﬁ c (ADT) of less than 3,000. The OBPP requires that ODOT add bicycle and pedestrian facilities on new construction, reconstruction, and relocation projects. Bicycle facilities provided as part of the project’s local circulation changes would meet the requirements of the OBPP and the requirements of the 2005 Dundee Oregon 99W Main Street Reﬁ nement Plan, 2003 Dundee Transportation System Plan (TSP), 2005 Newberg TSP, and 1996 Yamhill County TSP.

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Tier 2 DEIS Comment and Responses

Submittal: P-38

Type: Letter

Name: Warren Pease

Title: Citizen

Business/Afﬁ liation:

Address: No address provided.

Response to Comment:

ODOT appreciates Mr. Pease’s input on the Newberg Dundee Bypass project.

ODOT conducted noise analysis for Segment 4 and found that noise abatement is not recommended for the area around the East Dundee Connector. As vehicles travel through the curve to connect to Oregon 99W, the speed slows to about 25 mph and the amount of trafﬁ c is reduced. Consequently, the noise model showed that the sound level did not exceed the noise abatement criteria and no mitigation is recommended.

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While vegetation can provide visual screening as suggested in the comment, it will not mitigate for a noise impact when noise abatement is required. Also, dense vegetation in the line-of-sight of the noise source would be required to dampen the noise. This type of screening is not applicable on a hill or in an elevated situation. ODOT is not providing visual mitigation for the identiﬁ ed area.

Newberg Dundee Bypass N-201 Tier 2 FEIS Appendix N: Public Comments and Responses Racheal Jones P-39 From: Donna Robinson Sent: Wednesday, July 07, 2010 1:05 PM To: Racheal Jones Subject: Fw: Newberg Dundee Bypass comment

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$1`5 Title: Citizens V1V`V%J:GCV Q: VJR .V %GC1H0V:`1J$1J1V1GV`$QJ2%JV .5G% 1Q%CRC1@V Q`V$1 V`Q%` QG=VH 1QJ5`1` Q .V]`Q=VH 1 VC`:JR5VHQJR5 Q7Q%``V]Q` 8 Business/Afﬁ liation: 51` 51VQG=VH Q .VQ0V`:CCRV1$JQ` .V]`Q=VH 8.V1RV:I:7.:0VGVVJ01:GCV 7V:`:$Q5G% JQ JQ181VVV1 57Q%]C:J QR10V` `:``1H``QI .VHQIIV`H1:C`Q:R1J%JRVV:JR1V1GV`$:JR`%J: .1$.1:7 .`Q%$.1.: :`VJQ1`V:QJ:GC7_%1V `V1RVJ 1:C:`V:8QRQ .17Q%]`Q]QV Q]VJR$ 8 I1CC1QJRQCC:`:JR`VCQH: V%] Q`:I1C1V:JR G%1JVV80%JR`VRQ`]VQ]CV11CCGVV0V`VC7 Address: 3869 Oak Meadows Loop 1I]:H VR85%` .V`5`V1RVJHVHCQV Q .V]`Q=VH 11CC:CQGVJV$: 10VC71I]:H VR11 .JQ1V:JRQ .V` Newberg, OR 97132 VJ01`QJIVJ :C1%V:JR .: 1JHC%RV%8%`.QIV:JRQ%`C10V11CCGVJV0V`GV .V:IV89:IHQJ`1RVJ .V`V:`VV0V`:C.%JR`VR]VQ]CV1JV6:H C7 .V:IV1 %: 1QJ8V:`V:CQ0V`7HQJ`1RVJ :JR .V ]VQ]CVQ``V$QJ.:0V:GV V`%V`Q`JV:`C7:G1CC1QJRQCC:`8 Response to Comment:

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9J]:` 1H%C:`51V1Q%CR.:0VC1@V Q.:0VVVJ QIQ QG01Q%:C V`J: 10V7 the Tier 2 DEIS should have addressed at least one additional alternative. However, in response, ODOT notes that the Preferred Alternative meet’s 1. 9J :CC 1QI1CVQ``Q%`C:JV`Q:R .`Q%$.%JRVV8 the project’s Purpose and Need as stated in Chapter 1 of the Tier 2 DEIS

and FEIS. According to the trafﬁ c analysis conducted for the project and projected growth for the project area, the project is needed. The jurisdictions of Newberg, Dundee, Dayton, and Yamhill County support the project. Part of the Purpose of the project is to create more livable downtowns, which the project will achieve by reducing congestion and increasing safety on Oregon 99W through the cities of Newberg, Dundee, and Dayton.

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2. 1RVJ:]]`Q61I: VC78 I1CVQ` 1QC:JR`Q:R Q`Q%`C:JV.1$.1:7``QI .V R01$.1:7 Q .QQ@%]11 .V61 1J$`Q%`C:JV`Q:R1:78 3. 9J :CC:IQRV`JHQI]% V`1

V1Q%CRC1@V Q@JQ1 .VV 1I: VRHQ Q` .1:C V`J: 10V:JR .VVJ01`QJIVJ :C1I]:H 8V:`VHQJ`1RVJ Further, ODOT conducted an alternatives analysis in 1997 (Alternatives .VHQ 1Q%CRGV]VJJ1VQJ .VRQCC:`1.VJHQI]:`VR Q7Q%`]`Q]Q:C89 1Q%CR_%1H@C7:JR`:]1RC7 Analysis Report Technical Report, December 1997). During that phase of 1I]`Q0V `:``1H1%V1J .V:`V::JR:0V.%JR`VRQ`I1CC1QJQ`RQCC:` .: JQ$Q0V`JIVJ :$VJH7H:J :``Q`RJQ18 the project, ODOT examined alternatives similar to the ones cited in the

V%JRV` :JR .: .V:07 `%H@ `:``1HHQ%CR`VI:1J:J1%V5G% V0VJ7Q%`:C V`J: 10VRQVJQ `VR%HV .1 comment letter. In particular, ODOT considered widening Oregon 99W 7]VQ` `:``1HQJ JQ` .V: Q`1V1GV`$Q`QJ .V%:C: 1J$.V`1QQRQ:R8Q%QJC7IQ0V1 Q through Dundee, but ODOT concluded that this alternative would not meet `V1RVJ 1:C:`V:8.VQJC7`V:C:J1V`.V`V1 Q$V `%H@1J$_%1H@C7:JRR1`VH C7 Q9J V` : V QHQIIV`HV H:J]`QHVVR8$Q5`: .V` .:JR`10V .`Q%$.1.: 1`V1RVJ 1:C:`V:Q` 1QH1 1V51 VVIHCV:` .: G%1CR1J$: the need to create a more livable downtown because of the relatively high G`1R$VQ0V` .V1CC:IV V10V`:JRHQJ `%H 1J$:GQ% .`VVI1CVQ`JV1`Q:R .`Q%$.`%`:C:`V::JR levels of automobile and truck trafﬁ c that would continue to travel through HQJJVH 1J$ .VHQJ `%H 1QJ QV1 .V`10V`1QQRQ`5%C_%:` <?:JR1J$Q:R5GQ .Q% .1V Q`%JRVV:`V GV V`:C V`J: 10V8 downtown Dundee. Widening Oregon 99W between Oregon 18 and Dundee

V1Q%CRC1@V:`V]QJV QQ%`:C V`J: 10V7V6]:JR01$.1:7 1J%JRVV:JR%]R: V .V `:``1H1$J:C would require additional exclusive farm use land. A detailed discussion of the 7 VI`Q` .V 1QH1 1V8 results of that analysis is in the alternatives analysis report mentioned above

and is available upon request from Rod Thompson, ODOT Region 2. ODOT dismissed the alternatives in the Tier 1 DEIS because they did not meet the 1IQ .7:JR:`7:JJ `V:H. :@V:RQ1?QQ] purpose and need of the project. 1V1GV`$5 In 2005, ODOT and FHWA completed the Tier 1 FEIS which analyzed eight alternative corridors. FHWA issued a Record of Decision on the Tier 1 Bypass Corridor. Based on the Tier 1 ROD decision for the location of a Bypass Corridor, in the Tier 2 EIS process, ODOT analyzed where to locate a roadway within that Corridor. The Tier 1 and Tier 2 DEIS and FEIS’s each include a discussion of the alternatives considered for the project but dismissed. ODOT is not conducting new alternatives analysis in Tier 2.

Concerning the request for a modern computerized signal system in Dundee and Newberg, ODOT currently uses computerized trafﬁ c signals.

Newberg Dundee Bypass N-203 Tier 2 FEIS Appendix N: Public Comments and Responses P-40

Tier 2 DEIS Comment and Responses

Submittal: P-40

Type: Hearing Testimony

Name: Mark Robinowitz

Title: Citizen

Business/Afﬁ liation:

Address: PO Box 51222 Eugene, OR, 97405

Response to Comment:

ODOT appreciates Mr. Robinowitz’s input on the proposed Newberg Dundee Bypass project. The following responses are to speciﬁ c comments submitted at the public hearing.

a) According to 40 CFR 1502.9, agencies may prepare supplements to either draft or ﬁ nal environmental impact statements if: (i) The agency makes substantial changes in the proposed action that are relevant to environmental concerns; or (ii) There are signiﬁ cant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts.

Newberg Dundee Bypass N-204 Tier 2 FEIS Appendix N: Public Comments and Responses P-40

Trafﬁ c forecasts reported in the Tier 2 DEIS and used to inform decisions on a preferred alternative were derived from adopted regional employment and population forecasts and state-of-the-art modeling and evaluation conducted by the project team and reviewed by FHWA. The project’s approach to estimating future travel demand was considered reasonable and it relied on accepted practices employed in metropolitan regions throughout the country.

b) Peak oil is the concept that humans have reached the point at which half the world’s petroleum reserves have been utilized and, therefore, oil production will begin to decline. Impacts of the peak oil concept would include the need to conserve oil supplies, including derivatives such as gasoline and other vehicle fuel by-products. Government agencies at all levels (federal, state, and local) are working to understand the impacts of declining oil supplies on society, including future transportation needs.

As such, FHWA has been actively engaged in preparing for transportation changes that may result from larger-scale issues such as peak oil, climate change, and other externally caused actions.

Although formal policies are still emerging for many of these issues, planning for such changes is occurring. This planning takes many forms including alternative fuels, new modes of travel (mass transit, bicycle/pedestrian), sustainable design, and other measures. Many new infrastructure projects are allowing for increased use of transit (buses, light rail, trains) and bicycle/pedestrian travel to reduce oil and gas consumption and maintain the public’s mobility. Thus, many elements of new projects do reﬂ ect future oil supply and demand considerations. It is important to note that, while fuel types and supplies may change, transportation agencies are preparing to continue to provide needed infrastructure and improvements to assure that the future movement of goods and people will continue. The proposed project will contribute to these efforts.

Newberg Dundee Bypass N-205 Tier 2 FEIS Appendix N: Public Comments and Responses P-40

c) The Project Oversight Steering Team dropped the Transportation Management alternative as a stand-alone alternative in the Tier 1 Location FEIS (June 2005) because it failed to meet the minimum transportation performance threshold and consequently, did not meet the purpose and need of the project.

Additional transit mode analysis was conducted for the project in 2006 and 2007. There are limited transit options available in the project area. Expanding the services or implementing other transit, such as light rail, would not meet the purpose and need for the proposed. (Transit Technical Memorandum #1 (2006)) and (Transit Technical Memorandum #2, (2007) Kittelson and Associates).

Newberg Dundee Bypass N-206 Tier 2 FEIS Appendix N: Public Comments and Responses P-41

comments on the Draft Environmental Impact Statement Newberg Dundee Bypass Tier 2 DEIS Comment and Responses Yamhill County, Oregon Highway 99 Submittal: P-41 a billion dollar bailout for road construction companies Type: Email and real estate speculators Mark Robinowitz www.road-scholar.org Name: Mark Robinowitz Box 51222 - Eugene, Oregon 97405 [email protected] Title: Citizen July 19, 2010 Business/Afﬁ liation:

Address: PO Box 51222 Eugene, OR, 97405

Response to Comment:

ODOT appreciates Mr. Robinowitz’s input on the proposed Newberg Dundee Bypass project. The following responses are to specifi c comments submitted via email. “fossil fuels are not in short supply at this time, and the use of these resources would not have an adverse effect on their continued availability.” a) According to 40 CFR 1502.9, agencies may prepare supplements to -- DEIS, p. 4-3 1 either draft or fi nal environmental impact statements if: (i) The agency makes substantial changes in the proposed action that are relevant to environmental concerns; or (ii) There are signifi cant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts.

Newberg Dundee Bypass N-207 Tier 2 FEIS Appendix N: Public Comments and Responses P-41

Table of Contents

Supplemental DEIS is needed 3 Trafﬁ c forecasts reported in the Tier 2 DEIS, and used to inform decisions Peak Oil / Peak Traffic: a significant new circumstance 3 on a preferred alternative, were derived from adopted regional employment DEIS failed to mention Peak Oil ... even the CRC DEIS admitted that Peak Oil exists 3 and population forecasts and state-of-the-art modeling and evaluation Climate Change concerns 6 conducted by the project team and reviewed by FHWA. The project’s yes, we have no money 6 New Circumstances: Peaked Oil and Climate Chaos 7 approach to estimating future travel demand was considered reasonable Background information 8 and it relied on accepted practices employed in metropolitan regions Peak Oil requires a Peak Traffic Alternative 8 throughout the country Troubled Bridges Over Water: Time for Transportation Triage 9 Peak Traffic: The Achilles Heel of Highway Expansion Plans 11 Vehicle Miles Traveled (VMT) has Peaked 12 SDEIS needed for “new circumstance” of Peak Oil & Peak Traffic 15 b) Peak oil is the concept that humans have reached the point at which Council on Environmental Quality regulations implementing NEPA 15 half the world’s petroleum reserves have been utilized and, therefore, oil Federal Highway Administration regulations about NEPA 15 The End of the Age of Oil: exponential growth is over 15 production will begin to decline. Impacts of the peak oil concept would why alternative fuels and efficient cars won’t make much difference 16 include the need to conserve oil supplies, including derivatives such as 2030 design year is past peak 17 Peak Oil causing Peak Traffic 20 gasoline and other vehicle fuel by-products. Government agencies at all Climate greenwash: a quiz 22 levels (federal, state, and local) are working to understand the impacts of Saving Oil in a Hurry: carpooling is part of the answer 23 NAFTA Superhighway - ISTEA, TEA-21, SAFETEA-LU 24 declining oil supplies on society, including future transportation needs. Tolling without tollbooths: the J. Edgar Hoover Memorial Parkway 26 Reviving the Rails: a best case Peak Oil scenario 27 Rebuttal of DEIS energy sections from Columbia River Crossing - also relevant for As such, FHWA has been actively engaged in preparing for transportation Newberg Dundee DEIS and future SDEIS 31 Peak Asphalt 46 changes that may result from larger-scale issues such as peak oil, Peak Denial 48 climate change, and other externally caused actions. Although formal Spy Roads: Civil Liberties vs. Transportation Surveillance 51 Geoslavery: GPS and technological tyranny 59 policies are still emerging for many of these issues, planning for such changes is occurring. This planning takes many forms including alternative fuels, new modes of travel (mass transit, bicycle/pedestrian), sustainable design, and other measures. Many new infrastructure projects are allowing for increased use of transit (buses, light rail, trains) and bicycle/pedestrian travel to reduce oil and gas consumption and maintain the public’s mobility. Thus, many elements of new projects 2 do reﬂ ect future oil supply and demand considerations. It is important to note that, while fuel types and supplies may change, transportation agencies are preparing to continue to provide needed infrastructure and improvements to assure that the future movement of goods and people will continue. The proposed project would contribute to these efforts.

Newberg Dundee Bypass N-208 Tier 2 FEIS Appendix N: Public Comments and Responses P-41

Supplemental DEIS is needed c) The Project Oversight Steering Team dropped the Transportation Peak Oil / Peak Traffic: a significant new circumstance Management alternative as a stand-alone alternative in the Tier 1 FEIS NEPA requires a Supplemental EIS when there are “new circumstances” relevant to a project’s development. If the end of cheap oil and the start of climate change are not relevant (June 2005) because it failed to meet the minimum transportation circumstances, then nothing is. Federal aid highway expansion projects are predicated on the illusion that endless growth performance threshold and consequently, did not meet the purpose and will continue into the indenite future. However, the laws of physics and thermodynamics are not invalidated by wishful thinking embedded in governmental policies. Privately, many need of the project. governmental ofcials and transportation contractors understand that Peak Oil and other fossil fuel depletion issues are going to have massive impacts on nancing and operating large highway facilities. Projections for transportation increases need to be adjusted to reect the Additional transit mode analysis was conducted for the project in 2006 reality of nite fuel supplies. Some of the consultants and highwaymen at the DEIS hearing on June 29 were privately and 2007. There are limited transit options available in the project area. aware of the implications of Peaked Oil even if they could not mention it in the DEIS. Expanding the services or implementing other transit, such as light rail, DEIS failed to mention Peak Oil ... would not meet the purpose and need for the proposed. (Transit Technical even the CRC DEIS admitted that Peak Oil exists Memorandum #1 (2006)) and (Transit Technical Memorandum #2, (2007) Laws of political physics: For every expert, there is an equal and opposite expert. Kittelson and Associates). Experts will travel in a straight line over a cliff unless external forces overwhelm inertia. Experts will try to maintain equilibrium even when the system has become too unstable . A critical morass of experts are impervious to inputs from outside the bureaucracy. d) Please refer to Chapter 2 of the Tier 2 FEIS for a description of the current The Columbia River Crossing Draft EIS, published two years ago, was probably the rst plans for funding construction and operation of the Preferred Alternative. Federal Highway EIS to acknowledge the reality of Peak Oil, but unfortunately, the writers of this section failed to describe it accurately. That DEIS suggests that there is a maximum This discussion provides an updated assessment of likely funding sources scenario for the year 2030 of $100 a barrel for oil, yet this gure was reached on the rst trading day of 2008, four months before the publication of the DEIS. It is astounding that there is no for this project, though it is not common practice to receive funding mention in the DEIS of the substantial rise in oil prices during preparation of this report. One bright spot in the CRC DEIS was the mention of the Department of Energy’s Hirsch commitments prior to the alternative selection process is complete. As Report (2005), although the DEIS failed to mention the conclusions of this analysis. The Hirsch Report stated that we would need twenty years to mitigate the impact of Peak Oil, even if we described in the Tier 2 FEIS, project funding is expected to come from a were using toxic technologies such as coal-to-liquids and tar sands. While the Hirsch Report did variety of local, state, and federal sources, with federal funding providing not specify an opinion on when the Peak would be, oil production worldwide has been essentially at since 2005 as new oil elds have had a difcult time making up for declining oil substantial revenue for the construction. The project currently has $192 elds in the North Sea, Alaska, the Persian Gulf and other areas. Most geologists who have looked closely at the facts have concluded that we are now past the peak for “conventional oil” million committed from the state speciﬁ cally for this project. These funds and almost at the peak for “all liquids” - the latter being a euphemism for including tar sands, natural gas liquids and other liquids that require nearly as much energy to produce as they were not previously allocated for other uses. contain. The consensus in the scientic community is that the era of easy to extract oil that has the maximum “energy return on energy invested” is over, and now we are entering the era of difcult to extract, expensive oil that will have less return on energy invested. e) A large amount of background information was submitted with the The largest oil elds in the world are all in obvious decline. Here in the western hemisphere, the largest single eld is Cantarell in the Gulf of Mexico (on the Mexican side), and it peaked comment author’s letter. There is no response required for the additional 3 information. The information is reprinted in this Tier 2 FEIS, however, for the reader.

Newberg Dundee Bypass N-209 Tier 2 FEIS Appendix N: Public Comments and Responses P-41 P-41

around 2004 (the Association for the Study of Peak Oil and Gas - USA reports that Cantarell has dropped about 33% in the past year). The Alaska North Slope at Prudhoe Bay peaked in 1988, two decades ago, at about three quarter of a billion barrels for the year. In 2006, less than 300 million barrels owed through the Alaska Pipeline. Even if the Arctic National Wildlife Refuge were opened to drilling, that development would merely slightly change the shape of the downslope. The Earth is nite, therefore there is only so much oil to extract. Oil burned in Oregon comes primarily from the Alaska Pipeline via terminals and reneries in Puget Sound. Since this oil source will be largely expired by the design year of 2030, a Supplemental DEIS is needed to document what energy sources will replace depleting fossil fuels for the alleged trafc increases predicted in the NEPA document.

“Researchers do not expect the growth of petroleum demand in Oregon or in the project area to slow, due to the continued increases in population and vehicle travel. However, newer vehicles are more fuel-efcient and the federal government is requiring higher fuel efciency in vehicles, which could change future demand for petroleum.” -- DEIS, p. 3-399

rebuttal: the issue is the AVAILABILITY of petroleum, not solely the demand. You cannot burn fuel that does not exist. As the easy oil dwindles and we are left with the difcult, expensive, hard to extract oil, access to it will be compromised. Also, some cars will be more efcient but that will not quickly replace the existing vehicle eet. A slow introduction of electric cars (using coal power on the western power grid) will barely mitigate the rate of oil eld depletion.

The section on greenhouse gas emissions (p. 3-405, 406) pretends that a serious effort to reduce putting fossil carbon into the biosphere is somehow compatible with expanding freeway networks. If the State of Oregon was serious about voluntary reductions of greenhouse gases, it would make it a felony to clearcut forests (one of our top greenhouse gas emission problems) and declare a moratorium on paving unpaved areas. Since these are not politically acceptable efforts, it seems clear that economic contraction will do more to reduce “greenhouse gases” than any sort of greenwashing pseudo-initiatives.

source: Energy Watch Group, 2007

4 5

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The concept of Peak Oil is not mentioned once in the Newberg Dundee Bypass DEIS. If reaching (or even nearing) the all time peak of conventional oil, or even of all liquids, is not On the other side of Portland, the SDEIS for the Sunrise sprawlway stated: relevant to a transportation planning document, then nothing is relevant to consider. It takes a lot of energy to manufacture the parts for a major freeway project, and a lot of energy to maintain “In 1996, the Clackamas County Board of Commissioners approved a conceptual alignment the facility. Asphalt is made from oil. Fossil fuels are used to smelt the steel and make the for Unit 1. Due to the lack of foreseeable funding, a Final Environmetnal Impact Statement concrete. While solar electricity and wind turbines are wonderful technologies, they cannot (FEIS) was not completed and the project was put on hold.” make the raw ingredients for highway construction. Furthermore, the decline of fossil fuel is likely to cause a parallel decline in a global nancial system that is predicated on endless If this project was not affordable when the price was about a quarter billion, it is even less exponential growth that depends 100% on increasing levels of concentrated energy sources. likely to be affordable with the low price at ve times the previous amount. This is a fancy way to say that the bypass is not going to be relevant to a near future where oil rationing and a permanent economic crisis makes maintaining even the existing road network Since the State of Oregon is going broke, cutting schools, health care and other vital services, much more difcult. to build a new bypass after Peaked Oil is one of the most irresponsible uses possible of our public funds. Using some of the remaining oil to build more highways after Peaked Oil will seem incomprehensible to future generations who will be astounded by our collective stupidity. Climate Change concerns

The state of Oregon has made lots of noise about how it is supposedly concerned about the New Circumstances: Peaked Oil and Climate Chaos threats that climate change poses, yet it has been reluctant to scale back projects that would NEPA states when there are “new circumstances” relevant to a project they must be increase fossil fuel pollution. The interstate “Western Climate Initiative,” much heralded in the considered. The reality of climate change and peak oil are of critical importance to any project media, somehow does not recommend a moratorium on polluting transportation projects, a shift dependent on vast amounts of fossil fuel combustion (for construction and operation). If climate of highway expansion funds to better transit and inter-city rail, or a prohibition on clearcut change is not something to factor in for this project, then nothing is relevant to this project. This deforestation that is one of the main contributors to climate disruption. is not a speculative concern (such as the timing of the next large eruption from Mt. Hood or the Until the freeway network is declared complete, claims that governments are addressing next Cascadia Subduction Zone earthquake, which might or might not occur during our climate change are merely hot air. lifetimes). Climate change and peak oil are here, now, and are likely to have major disruptions to If the state wants to prepare for Peak Oil and Climate Change, we should use some of the this project before the projected construction date. money allocated for highway expansion toward European or Asian quality train service in the The largest oil eld in the western hemisphere - Cantarell in Mexico - will probably be either Willamette Valley. completely depleted or depleted to the point of near irrelevance before construction starts, which is likely to have severe impacts to US oil supplies. There are no supergiant oil elds waiting to yes, we have no money replace the ows from Cantarell, this will be oil that merely is not replaced when it is gone. Even the Arctic National Wildlife Refuge oil elds is only a small percentage of the prize that The November 2008 report of the Governor’s Transportation Vision Committee estimated the was Cantarell -- the only question for the upcoming oil shocks are the timing and public Newberg Dundee Bypass cost as $550 million. The DEIS raises this price to $752 million to response. The Earth is round, and therefore nite, so there is only so much oil that can be $879 million. Since there is no plan to fund the full cost of the project, and ODOT has even extracted and burned. Most of the oil elds that are thought by geologists to be potentially contemplated tolling the bypass, further action on the NEPA process should be suspended due to available have already been located and are being exploited, although precise gures on insufcient funds. petroleum supplies are subject to ofcial secrecy and manipulation for political and economic purposes. However, the phenomenon of exponential growth in energy consumption means that Meanwhile, ODOT didn’t even have the state matching funds for a federal grant to study widely divergent estimates of oil supplies are not that relevant for long term energy planning, upgrading rail transportation between Portland and Eugene, so the only federal “stimulus” since regardless of which gures are ultimately proven correct, the fact that supplies cannot keep money that Oregon got a year ago for trains was merely to x the leaky roof at the Portland train up with growing demand are obvious. station. Washington State had its act together and got about a half billion dollars for track work. Building more freeways and edge cities to combat climate change is an Orwellian version of environmentalism - war is peace, ignorance is strength, more roads will help us solve pollution. The new, low cost for the Newberg Dundee Bypass is about $752 million. Since there are about eighty five thousand people in Yamill County, that would be almost The “Energy” section needs to mention the price impacts of petroleum on driving. The “potential mitigation measures” have no analysis to determine the scale and effectiveness of nine thousand dollars per man, woman and child. Newberg and Dundee have about these initiatives, and need to be fully examined in a new SDEIS. twenty five thousand people, so the cost of the bypass for those towns alone would It is likely that petroleum supplies will decrease faster than the average fuel efciency of the be about thirty thousand dollars per person. It would be interesting to ask Newberg nation’s automobile eet. Energy efciency of trucks and vans used in the study areas are not citizens if they’d rather have $30,000 instead of a bypass. likely to change substantially in the coming years.

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Background information I do not support creating a surveillance system to keep track of everyone’s travels through RFID, Automatic License Plate Recognition and / or GPS enabled “mileage tax” tracking Peak Oil requires a Peak Traffic Alternative systems.

I support transit extended further into Yamhill County as a substitute to the Bypass. I do not support trafc analyses that assume substantial rises in travel demand even though I support expanding this project to include Amtrak and freight rail, including we have reached Peak Oil and Peak Trafc. consideration of existing plans for high speed passenger rail between Eugene and Vancouver, B.C. A supplemental draft environmental impact statement (SDEIS) is needed to factor in Peak I support improved bus public transit to connect people to the rail stations. Oil and peak trafc, which invalidate the trafc growth projections used for this project. I support paying for the transit systems by redirecting highway funds and increasing gas taxes (the light rail line to Gresham was paid for with money appropriated for the Before the rubber stamps are used, the FHWA, ODOT, and local governments must Mount Hood Freeway). Rebates need to be considered to mitigate these impacts on lower consider that the National Environmental Policy Act states that if there are “new income people. There is no technical reason why public transit should not be free. circumstances” that impact a project, then they need to be factored in to the analysis. The fact that we have reached the end of cheap oil (peak oil) and the start of climate change needs to be factored into the long term “needs” analysis. Even if the Bypass is built, ODOT will still have to make repairs to part of Highway 99 The design year for this highway expansion is 2030 -- long after Peak Oil. Therefore, paralleling the proposed bypass route since part of the road lacks a median for making safe the traffic needs analysis needs to be changed to reflect the fact that there will be much less left turns. fossil fuel available for personal transportation on the downslope of “Hubbert’s Curve.”

The fact that a new Land Use (or abuse) exception is still needed for the project shows We are at the peak of travel, which can only decline as the energy sources used to power (and manufacture) automobiles and trucks begin to decline. The project is designed for twenty years poor planning (and excessive planning) by ODOT. Since ODOT has already made claims in the future, not current travel demands, yet "peak trafc" has already happened and we are now for a particular footprint outside the Urban Growth Boundaries for the highway, the at Peak Oil. Future increases in gas prices and decreases in gas availability will drop total agency should stick to the exception already granted. vehicle miles traveled (the only question is how quickly). This would save money that could be used toward xing or replacing other damaged bridges such as the crumbling Sellwood bridge. Part of the bypass would be to facilitate Portland car traffic to the beach (and a casino If the DOTs ignore geological (and nancial) realities, then it would be best to save our on the way to the beach). Expanded intercity bus service needs to be given serious money by dispensing with the pretense of public input and let the DOTs do anything that it wants attention as a partial alternative to the bypass, since in the year 2030 fossil fuel availability without the illusion of oversight. As the lawyer said to the oil man in the lm SYRIANA, “we will be severely limited as the world’s oil fields continue to be drained. are looking for the illusion of due diligence.”

A SDEIS is also needed to examine the potential of the parallel rail route for facilitating Troubled Bridges Over Water: Time for Transportation Triage intercity travel between Newberg, Dundee, McMinnville and the Portland metro area, “Another flaw in the human character is that everyone wants to build but nobody especially for the commuter traffic that is presumably a large part of the current traffic wants to do maintenance” issues. Intercity bus service for commuting is also in need of expansion. -- Kurt Vonnegut

Bottom line: the future will not be like the past and ODOT’s planning needs to The notorious collapse of the I-35W bridge in Minneapolis in 2007 points out the dangers of recognize the reality that global oil extraction has peaked and we will be lucky to hold deferring maintenance in favor of building more and more roads -- a change in priorities is long things together on the downslope. Wasting more fossil energy on steel and concrete and overdue. asphalt for bypasses that will not be needed after gasoline rationing just makes these problems much worse.

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An ODOT planner told me a few years ago that the Department’s priority was to keep I-5, I-84, Route 20 and Route 97 intact, and that other routes were not as much of a priority. A better approach to “transportation triage” would be to focus on maintaining the existing system before even planning to make expansions to capacity, even without considering the issues of Peak Trafc. Oregon still allows heavier trucks on its roads than California or Washington permit. Shifting some of this freight trafc to railroads would reduce energy consumption and protect our highway bridges. We can choose as a society to either expand the highway system some more (NAFTA Superhighways, more Outer Beltways and bypasses, etc) or focus on making sure that the existing network can be maintained after Peak Oil. Unfortunately, few politicians highlight the need to make AMTRAK a serious transportation system for efciently moving people. A national priority for quality train service would create a lot of good jobs, reduce energy consumption, and make it more likely that the United States will be able to mitigate the inevitable impacts of the end of the petroleum era. Proposals for the 80 new “corridors” in the SAFETEA-LU highway expansion law are a preventable trillion dollar misallocation of resources. It is likely that about $1 trillion has already been spent to destroy the nation of Iraq (if preparations for the conict are included), home to the planet's second largest oil reserves. This is more than half of the cost that has been estimated for rebuilding the tens of thousands of decient highway bridges that are aging and becoming dangerous. There are several serious - but languishing - proposals for high speed rail in the United States that would be similar to European and Asian networks. Building all of them would probably cost less than the money spent on the War on Iraq.

Peak Traffic: The Achilles Heel of Highway Expansion Plans

As the world passes the peak of global petroleum production, gasoline prices are likely to increase to the point that trafc demands on roads will be reduced. While it is impossible to accurately predict the price of fossil fuels in the design year of 2030, it will be surprising if gasoline is not rationed on the downslope of the Peak Oil curve (either directly by ration cards or indirectly by pricing it out of reach of many who currently consume it). While so-called alternative fuels exist and there are vehicle designs much more efcient that current models, they are only going to be able to mitigate the energy downslope. Carpooling is going to be more important than hybrids. US federal transportation law requires that new federal-aid highway projects consider the Oregon’s highway network is riddled with aging bridges that no longer can support existing trafc demand twenty years in the future. In the 1991 ISTEA law, a provision was added to trafc ows because their structures are wearing out. As we shift from an era of cheap energy federal highway approvals that requires all highway plans in a metropolitan area to t into a and abundant economics toward the era of expensive energy and conservation, it will become regional long range transportation budget to avoid a form of scal segmentation. If a metro area wants lots of new roads, they have to show how the projects could be paid for (federal and local more difcult to repair or replace cracked bridges. Plans by ODOT to spend nearly twenty funds) over a 20 year period. Approving a project that lacks funding is therefore a form of billion on new and wider freeways when there is a huge backlog of damaged bridges is segmentation. The funds need not be available when construction begins, but the entire project dangerously neglectful of the need to keep the existing network functional. Repairing or has to t within a constrained transportation budget - a process similar to buying a home with a replacing these damaged bridges at the same width as existing structures - not using the mortgage (a home buyer has to show their potential ability to raise all of the funds over the span of the loan). real crisis of worn out bridges as a way to widen major highways - is a bigger priority than expanded highway capacity to subsidize speculative suburban developers. 10 11

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While no one, not even Dick Cheney, knows precisely what will happen with Peak Oil, to US Department of Transportation Bureau of Transportation Statistics ignore it completely and make more “growth” projections and trafc models that assume constant supplies and pricing of petroleum is delusional. When FHWA finally requires energy analyses in NEPA documentation, they could examine a range of scenarios: gasoline at $10 per gallon in 2030, gasoline at $100 per gallon in 2030, and gasoline not available to the public in 2030 (only to elites and the military)

• repair or replace worn out bridges (but not with wider bridges) while we still have oil • invest in public transit & Amtrak • get ready to travel less • grow food in the cities (community gardens) and suburbia (food not lawns) to reduce oil dependence of industrial agriculture

Euan Mearns on June 11, 2008 - 4:42pm www.bts.gov/publications/white_house_economic_statistics_brieng_room/ august_2007/ Its really hard to come to terms with the number of corporations, government agencies, html/highway_vehicle_miles_traveled.html consultancies, civil service departments and politicians who seem incapable of comprehending a trend break or trend reversal. Collectively they would have been incapable traffic levels vary through the year of working out that the wheel may change transport. http://europe.theoildrum.com/node/4130#comment-359871 (there is more driving in the summer than the winter)

Vehicle Miles Traveled (VMT) has Peaked

Three dollar a gallon gasoline caused the constant increase in trafc to stop, four dollars a gallon gasoline has precipitated an overall decline in trafc levels. The decline of gasoline costs in the Fall of 2008 (before the Presidential election) eased slightly the strain on motorists’ budgets, but this was offset by the nancial collapse causing great worry about where the fossil fueled powered global economy is going to descend, and also a recognition that gasoline prices could easily climb back to unaffordable levels, especially once the oil ow declines in the years to come. People who are worried about becoming unemployed spend less on fuel, and therefore drive less.

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SDEIS needed for “new circumstance” of Peak Oil & Peak Traffic

NEPA mandates that a “Supplemental” EIS must be prepared if there are "new circumstances" not anticipated when the scoping process was conducted. Surely reaching the peak of petroleum production worldwide is an important circumstance for a transportation project allegedly designed for travel long past the peak of petroleum. If FHWA included Peak Oil into environmental analyses for highway projects, this could create a seismic shift in transportation planning across the United States, allowing for honest public discussion about energy and transportation policies. There are several ways this shift could happen: a successful Federal lawsuit forces FHWA to include Peak Oil, the start of gasoline rationing makes transportation planners consider alternatives, or a change in national policies (probably the least likely in the near future).

Council on Environmental Quality regulations implementing NEPA

40 CFR 1502.9: Draft, final and supplemental statements. (c) Agencies: (1) Shall prepare supplements to either draft or final environmental impact statements if: (i) The agency makes substantial changes in the proposed action that are relevant to environmental concerns; or (ii) There are significant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts. Oregon state highway VMT data from www.oregon.gov/ODOT/TD/TDATA/tsm/vmtpage.shtml Federal Highway Administration regulations about NEPA

23 CFR § 771.130 Supplemental environmental impact statements. 1973: dip due to Saudi oil embargo (a) A draft EIS, final EIS, or supplemental EIS may be supplemented at any time. An 1979: dip due to gas lines after Iranian revolution EIS shall be supplemented whenever the Administration determines that: 2002: peak traffic on Oregon highways (1) Changes to the proposed action would result in significant environmental impacts that were not evaluated in the EIS; or This chart from ODOT shows that trafc levels on Oregon State Highways have peaked and are now on a plateau, mostly because of the increasing price of oil. The US Dept of (2) New information or circumstances relevant to environmental concerns and Transportation Bureau of Transportation Statistics shows that national Vehicle Miles Traveled bearings on the proposed action or its impacts would result in significant peaked in 2005. In May 2008, the Federal Highway Administration stated that March 2008 was environmental impacts not evaluated in the EIS. the sharpest decline of trafc recorded since they started keeping detailed records - it was 4.3 % less than March 2007. We are on a plateau of trafc that will last as long as oil remains The End of the Age of Oil: exponential growth is over relatively affordable. Peak Oil does not mean that civilization is about to run out of oil. Instead, we are near (or at) The current dip in VMT is not temporary, the point where continued growth of petroleum combustion no longer can be maintained, which will have profound consequences for the global economy that is dependent on exponential it is more like climate change, a permanent shift in the way things work. growth of nearly everything (especially of money supplies). Energy creates the economy, a physical limitation rarely acknowledged by economists. Peak Oil is also the point where the maximum amount of economic "growth" is reached -- and ideally a turning point where we can decide to use the remaining half of the oil as a bridge toward a more sustainable way of living. It would require enormous energy, money and people power to reorient away from NAFTA 14 15

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Superhighways toward investing in bullet trains, away from dirty fossil fuel technologies toward Olga Krankina efciency and renewable energy systems, away from resource wars and toward global Assistant Professor, Sr. Research, Forest Management, Forest Ecology cooperative efforts to reduce our collective impact on the planetary biosphere. Oregon State University www.forestry.oregonstate.edu/cof/fs/people/faculty/krankina.php why alternative fuels and efficient cars won’t make much difference several articles by Professor Krakina

Renewable energy systems are largely focused on generating electricity. Transportation Lance Olsen systems are almost entirely based on burning liquid fuels, which are not generated by solar PV former president, Great Bear Foundation. Missoula, Montana power or wind turbines. www.tidepool.org/features/forest.climate.cfm A bigger problem is that by the design year of 2030, natural gas supplies from the western Swiss Army Knives US and Alberta are likely to have dropped so low that they will no longer be able to be used to How Deforestation Changes the Climate generate electricity -- the remaining gas will be needed to heat buildings, especially in the colder by LANCE OLSEN [posted.5.10.01] climates where the gas is extracted from. Whatever renewable energy systems are installed between now and then will need to replace the substantial inputs that natural gas has for the 2030 design year is past peak western electric power grid at the same time that there is less available energy to manufacture solar panels and wind turbines. The key points for understanding Peak Oil: All of the major car companies have developed much more efcient vehicles (Greenpeace, “The Environmental Impact of the Car,” 1992), with many models around 100 mpg. VW even (1) the oil will take decades to run out, peaking is not the same as running out has a small model that is highway rated that gets about 250 mpg -- the VW CEO drove it to their (2) the exact shape of these curves will probably be different than these predictions, annual stockholder meeting a few years ago. While technological shifts may help mitigate the (3) the issue is when supply no longer keeps up with demand, not when it runs out, and energy crisis after Peak Oil, it cannot eliminate the problem. There are no factories to make (4) after the peak, the OPEC countries in the Middle East will have most of the remaining oil these vehicles. There are no capital investments to fund the conversion of existing factories to make hyper-efcient cars. The existing eet of vehicles are not going to be instantly eliminated Peak Oil is not about "when the oil will be gone" but rather when demand begins to outstrip in favor of efcient cars, as the owners have invested heavily in their current models -- someone supply and production / extraction peaks globally. There probably will be oil extraction for who bought a $50,000 SUV is not easily going to be able to absorb the loss by purchasing a new several more decades, although the current perceived abundance (one can buy as much oil as one car that is more efcient. At best, the investment in more efcient vehicles may slow the decline can afford) is likely to last only a few more years. While petroleum geologists debate the exact of VMTs on the Peak Oil downslope -- but it cannot prevent that decline. There is also the timing of the global peak (ranging from essentially now through the middle of the next decade), problem of substantial use of oil and mineral ores to manufacture new cars, even efcient ones. there isn't any debate about the reality of Peak Oil. Even the most pollyanna view puts the peak Carpooling is a more promising short term mitigation than hoping for 100 mpg cars. at around 2030, although the most experts estimate that somewhere between 2005 and 2012 is The main source of “liquid fuels” likely to be promoted in Cascadia is conversion of third more accurate. One factor for determining future levels will be economic forces -- if the global growth forests and tree plantations to biofuels. While this could make sense on a small scale, as economy crashes into a depression, this would reduce energy consumption rates, making the the downslope of Peak Oil becomes more obvious, there will be immense pressure to liquidate peak lower and longer lasting (the best possible scenario for using some of the oil as a bridge forests and convert them into fuel for cars and trucks and other vehicles. Widespread toward the renewable energy, locally based society). I f the economy heats up, then the peak deforestation to create liquid fuels from tiny trees could result in massive carbon dioxide could be higher but shorter, with the downslope coming sooner and steeper. Whatever the exact generation -- since the best form of carbon sequestration is to allow forests to return to old year, the days of wasteful overconsumption are limited growth conditions. Here are some references to consider on this topic: The only “debate” about peak oil is the exact timing -- from a long term historical perspective, it does not matter whose predictions about the exact year of peak and decline ultimately prove to be correct. Mark Harmon Professor and Richardson Chair of Forest Science The world is now on the Petroleum Plateau, which will drop off sometime after 2010. Oregon State University www.cof.orst.edu/cof/fs/people/faculty/harmon.php from the Association for the Study of Peak Oil, February 2008 (prepared 2008-01-04) http://outreach.forestry.oregonstate.edu/silvopt/abstracts/harmon.htm Forest Management Strategies for Carbon Storage Colin Campbell, February 2008 issue of ASPO Ireland www.aspo-ireland.org/contentFiles/newsletterPDFs/newsletter86_200802.pdf

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that it assumes that everyone else is at. So I think basically too many of our oil elds are too old. Too many now are in decline. The Middle East is basically out of capacity. they're some projects that are being worked upon, but most don't hit the market until 2008, 2009 and we're running out of time. ... I am rmly of the belief that over the course of the next year or two, this issue of peak oil will replace global warming as an issue that we're all worrying, debating and talking about.

FORMER PRESIDENT BUSH ENERGY ADVISER SAYS OIL IS RUNNING OUT Robin Pagnamenta, Energy and Environment Editor From The Times June 30, 2008 The era of globalisation is over and rocketing energy prices mean the world is poised for the re-emergence of regional economies based on locally produced goods and services, according to a former energy adviser to President Bush and the pioneer of the “peak oil” theory. Matt Simmons, chief executive of Simmons & Company, a Houston energy consultancy, said that global oil production had peaked in 2005 and was set for a steep decline from present levels of about 85 million barrels per day. “By 2015, I think we would be lucky to www.davidstrahan.com/blog/?p=57 be producing 60 million barrels and we should worry about producing only 40 million,” PRIVATE INDUSTRY CONFERENCE FINDS MUCH LESS OIL Posted on Friday, September 28th, 2007 he told The Times. (Podcast) A secretive gathering some of the world’s biggest oil companies has concluded His controversial views, rejected by many mainstream experts, suggest that some of the the industry will discover far less oil than ofcially forecast, according to an executive who world's biggest oilelds, particularly in Kuwait and those of Saudi Arabia, the world's leading attended the event, meaning global oil production may peak much sooner than many expect. producer, are in decline. “It's just the law of numbers,” he said. “A lot of these oilelds are 40 The Hedberg Research Conference on Understanding World Oil Resources was held by years old. Once they roll over, they roll over very fast.” the American Association of Petroleum Geologists in Colorado Springs last November to try Mr Simmons asserted that this, coupled with soaring global energy demand, meant that to reconcile widely divergent estimates of likely future reserves additions. In an interview world oil prices were likely to continue rising. He said that even at present record highs of with Lastoilshock.com, oil executive Ray Leonard said the majority view was that future oil more than $140 a barrel, oil remained relatively inexpensive, especially in the US, the discovery would amount to some 250 billion barrels, rather than the 650 billion barrels world's biggest market. “We are just spoiled rotten in the US,” he said. “It's still cheap.” suggested by the United States Geological Survey. Rising prices will force a tectonic shift in the structure of the global economy by destroying the rationale for shipping many goods, such as food, over long distances, he said. www.energybulletin.net/25544.html “This is already happening. In the US, our local farms, ranches and dairies are booming. Published on 1 Feb 2007 by Bloomberg. Archived on 1 Feb 2007. They are having a huge comeback.” Simmons says global oil supply has peaked Mr Simmons set out a radical vision of the future, envisaging a society in which food and by Rhonda Schafer many other essentials are sourced and consumed locally and increasing numbers of people work from home. He claimed that the alternative was increasing political instability and conict over the planet's diminishing resources. “We are living in an unsustainable society,” Matthew Simmons, chairman of Simmons & Co. International in Houston, talked he said. “If we don't change we are just going to start ghting one another...So let's just start yesterday with Bloomberg's Rhonda Schafer about the need to address energy use, his view assuming the worst and plan for it.” that global supply has peaked and the likelihood oil prices could reach as much as $300 a However, only this month, BP disclosed gures which indicated that the world had 1.24 barrel. (Source: Bloomberg) trillion proven barrels of oil left in the ground - more than 40 years' worth at current rates of production. BP said that known global reserves had actually increased by 168.5 billion [Transcription of the rst few minutes of the interview] barrels, or 14 per cent, over the past decade. Tony Hayward, the chief executive of BP, said: Q: Tell me how you draw your conclusion that at this point we've hit Peak Oil. “The good news is the world is not running out of oil.” A: If you look at the numbers and you follow what's going on starting with Mexico's giant BP blamed a lack of investment and access to reserves, rather than geology, for why Cantarell eld which is now in a very serious state of decline and then you look at the North global oil production was sputtering. Sea and you see just the UK and Norway, it's pretty obvious to me that those three areas alone could actually decline by between 800,000 and 1 million barrels a day in 2007. That pretty well wipes out almost all the production gains coming onstream and in implicit in 18 19

Newberg Dundee Bypass N-217 Tier 2 FEIS Appendix N: Public Comments and Responses Mr Simmons claimed that many countries had overstated their reserves for political More riders crowd buses purposes and that so-called ow rates were a better indicator of recoverable volumes. He said The rising cost of driving sends record numbers to LTD, where human trafc jams the that the quality of oil produced by Saudi Arabia and other big exporters was declining. aisles BY JEFF WRIGHT Peak Oil causing Peak Traffic The Register-Guard Published: Thursday, April 6, 2006 The 2005 Final Environmental Impact Statement for the Inter County Connector highway (I-370 or Maryland Route 200) in Maryland, part of the long planned Outer Beltway around Washington, D.C., had this response to a comment that referenced Peak Oil as a reason not to TRAFFIC AT THE YORK TOLLS on the Maine Turnpike - a standard measure of tourism in build the road: the state - was down in June and even more in July compared with the same time last year. . . Trafc passing through the York tolls had increased every year until ve years ago, when it became stable. This is the rst time it has dropped signicantly; the decrease was 5.3 percent It is speculative to assume that increases in gasoline prices will "reduce congestion." when comparing June 2004 and June 2005, and 5.8 percent when comparing July numbers. . Evidence indicates that very substantial price increases might be needed in order to The national average price for regular unleaded gas was $2.41 a gallon, compared with $1.86 substantially change transportation choices and decisions. Price increases could cause a a year ago variety of responses which might not affect highway usage; e.g. production and acquisition http://pressherald.mainetoday.com/news/state/050813gasprices.shtml of more fuel-efficient vehicles. The travel forecasts were made assuming a cost per mile for www.maineturnpike.com/jpgraph/total_by_month.html operating an automobile. Historically as the price of gasoline has increased the miles www.maineturnpike.com/jpgraph/yearly_totals.html traveled per gallon of gas have also increased. In fact, gas costs less per mile traveled today than it did prior to the first oil embargo in 1974. Petroleum scarcity as a result of consumption in China is speculative. High gasoline prices lling bus, train seats - Final Environmental Impact Statement, Inter County Connector Tue Apr 25, 2006 By Bernie Woodall, Reuters Some mass transit advocates hesitate to say the price spike has forced drivers onto public This EIS was correct to state that planning for rising gas prices is speculative, but planning as transportation, including Amtrak spokesman Cliff Black. if prices will remain constant for the next two decades is even more speculative. But in some cities where the car is undisputed king of transportation such as Houston and Los Angeles, public transportation ridership is up. It is not “speculation” to predict that higher gas prices will prevent trafc increases. Here is a In Houston, home to many oil reneries, ridership was up 10.2 percent in the most recent small example of how this works, which shows that the price increases likely from Peak Oil will scal year, said Houston's Metropolitan Transit Authority, which has a large bus eet. lower trafc demand considerably in the design year of 2030. In Los Angeles, Metro Rail ridership rose 11.4 percent and the number of bus passengers increased 7 percent in the rst quarter of 2006. About 1.4 million ride Los Angeles County buses and trains daily. www.cnn.com/2006/AUTOS/11/30/gas_prices.reut/index.html It's difcult to say how many are on board because of gasoline prices, said Dave Sotero Americans drive less for rst time in 25 years of the Los Angeles County Metropolitan Transportation Authority. Higher gas prices cut not only sales of SUVs, but also time spent on the road: study. "When gas prices go up, we do see spikes in ridership," said Sotero. "We're hopeful POSTED: 3:47 p.m. EST, November 30, 2006 people who haven't used public transit, they will carry on riding even if gasoline prices drop," HOUSTON (Reuters) -- High gasoline prices not only slowed fuel demand growth and said Sotero. cut sales of gas-guzzling vehicles in 2005, they also prompted Americans to drive less for the Last week, the Washington Metropolitan Area Transit Authority in the nation's capital had rst time in 25 years, a consulting group said in a report Thursday. the two highest ridership days in the Metrorail's 30-year history that were not linked to a The drop in driving was small - the average American drove 13,657 miles (21,978.8 km) special event. The highest day was April 20, with 780,820 riders, up 6.2 percent from a year per year in 2005, down from 13,711 miles in 2004 ago. But WMATA spokesman Steven Taubenkibel said it's hard to peg that on gasoline prices -- nice weather last week may have had more to do with it, he said.

These statistics do not suggest a major shift (yet) due to increasing gas prices, but they hint at much larger changes to come on the petroleum downslope.

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Climate greenwash: a quiz In our new Orwellian age of greenwash, war is peace, ignorance is strength, and widening the Interstate highways will clean up the atmosphere. Building multibillion dollar bridges with huge The states of Oregon and Washington are planning to spend about $4 billion for a new, amounts of steel and concrete is very energy intensive and generates a large amount of toxic widened I-5 bridge across the Columbia River, which would also extend the Portland light rail a pollution to manufacture the raw materials. Even building the light rail (and not the road bridge) couple more stops (across the river into downtown Vancouver). What did Oregon Transportation would increase carbon dioxide levels in the atmosphere. “Carbon credits” and “offsets” are Commissioner Gail Achterman say about the environmental impacts of this expansion? linguistic tricks, since building a train or installing solar panels and wind turbines cannot sequester existing CO2 back into the crust of the Earth. Proposals to reduce the rate of increase of carbon pollution are not the same thing as removing soot from the atmosphere. The natural a. "The Columbia River Crossing project is a major forward step in our effort to biological capabilities of carbon sequestration are already busy absorbing normal CO2 reduce the carbon footprint of our transportation system" generation from animals and other natural sources, so they are unable to absorb CO2 and b. "We are canceling the highway component of this project and diverting the funds toward methane created by burning fossil fuels. public transit in metropolitan Portland and high speed passenger rail for Cascadia" (Eugene Instead, it appears likely that oil rationing (whether from price increases or ofcial policy) to Vancouver BC). and depletion is going to reduce the growth of carbon emissions. Calls to reduce carbon levels c. "The State of Oregon recognizes the seriousness of the Peak Oil and Climate Change by various percentages by the year 2050 parallel almost exactly the expected reduction in oil crises, and we are going to implement the Oregon Transportation Plan's policy guidelines to production / extraction. Natural gas is likely to decline faster than oil -- at least in North prioritize xing existing roads before building new capacity." America. Even coal has been exaggerated, with global coal extraction set to peak around 2025 d. "The I-5 widening is part of the national NAFTA Superhighway proposals, so the state is -- although coal mining requires lots of oil (for transport) and a stable electric grid. opposing this proposal to encourage support for regional business instead of outsourcing our The SDEIS needs to look at the cumulative impact of the land use patterns that would be production to foreign sweatshops." induced from the project.

Saving Oil in a Hurry: carpooling is part of the answer

In 2005, the International Energy Agency held a forum to discuss “Saving Oil in a Hurry.” While in the long run fossil fuel supplies are going to gradually decline, there are numerous scenarios where sudden sharp downward levels of availability could happen -- conict in oil exporting countries, severe hurricanes in the Gulf of Mexico offshore drilling areas, desire by oil exporters to reduce exports since oil will be more valuable in the future, a US / Israeli attack on Iran followed by Iranian disruption of oil ows through the Persian / Arabian Gulf. There are also plausible possibilities that some oil elds could see much more rapid decline that some planners are hoping for, especially those oil elds that are being pumped out with large volumes of water (a technique that works for a while but risks collapse of the oil eld). The Saving Oil in a Hurry report suggested that in the United States and Canada, carpooling would have greater energy reductions in the US than free public transit, although no one approach is sufcient. In Western Europe, free transit would have the single biggest reduction in oil consumption. All approaches will be needed, but the opportunity of using all of the seats in the existing trafc ow shows the potential for quick reductions of energy use -- an opportunity that is a social obstacle, not a technological problem. Regardless of which geologists are ultimately proven correct about oil supplies, we need to prepare to live with much less energy consumption.

http://www.iea.org/textbase/work/workshopdetail.asp?id=210 chart from ODOT of carbon pollution reduction targets through 2050. The black line Workshop: Managing oil demand in transport. International Energy Agency includes the increases during the Clinton/Gore administration. Yellow upward line European Conference of Ministers of Transport represents plans for continued “growth.” Note that the shape and rate of the downslope WORKSHOP: MANAGING OIL DEMAND IN TRANSPORT almost mirrors the projected downslope of the Peak Oil curve. Paris, 7-8 March, 2005

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corridors involve upgrading existing highways, some involve construction on "new alignment," a couple of the corridor designations specify numerous road projects in a region. The planning for NAFTA Superhighways is predicated on continued cheap and abundant gasoline -- an assumption about to receive sobering reality from the underlying geological limits of petroleum production. NAFTA Superhighways are essentially a key component of further "globalization" of commodity production intended to homogenize local communities and further centralize control over manufacturing. None of the national environmental groups who claim to be concerned about global warming, energy efciency and public transportation have campaigned against passage of these NAFTA superhighway laws. Some of these groups even supported their passage since a minority of the bill included public transit funding and a few pennies (relatively speaking) for bicycle and pedestrian projects.

NAFTA Superhighway - ISTEA, TEA-21, SAFETEA-LU

The NAFTA Superhighways are not ONE highway plan, they are a large network of new highways and expanded (existing) highways, a series of north-south interstate highways across the U.S. These new and expanded roads would stretch from Canada through the U.S. to Mexico (excepting certain East Coast routes that would merely connect to ports on the Atlantic or Gulf coasts). The initial proposal for NAFTA Superhighways was in the 1991 Intermodal Surface Transportation Efciency Act (ISTEA) Federal transportation law, but has now expanded in scope to encompass several "superhighways on steroids." Some of these oversized roads would have many car lanes, truck only lanes, parallel freight train lines, passenger train lines and utility corridors (electricity, oil, natural gas, water, etc). 1991 ISTEA “priority corridors” - upgrading I-5 from Canada to Mexico is included ISTEA specied the rst iteration of the "NAFTA Superhighway" -- to extend I-69 from Indianapolis (its current southern terminus) all the way to Mexico. Highwaymen from several This is the bill that some environmental groups considered a great victory for the states who each wanted their local and regional boondoggles got together and petitioned Congress to create this full route as a national priority "corridor." The new I-69 is planned to go environment since there were some small improvements for transportation planning through southern Indiana, Kentucky, Tennessee, Mississippi, Arkansas, Louisiana and Texas. requirements (all State DOTs now need a pedestrian / bicycle coordiator, there are new The southern Indiana section is probably closest to being built. requirements for metropolitan planning for new roads, etc.). However, the bulk of this The 1998 "TEA-21" and 2005 "SAFETEA-LU" laws expanded from the few dozen new transportation law was to fund more highways. "corridors" in the 1991 ISTEA law and the 2005 law has a total of 80 corridors. Some of these

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The reality of Peak Oil, on the other hand, can alter the trafc planning analyses used to justify these sorts of boondoggles, since in 2030 we will be lucky if we will be allowed to buy oil for personal consumption. Whatever the price and availability in 2030 turns out to be, it clearly will be considerable more expensive and less available two decades in the future. The bypass needs a Supplemental Draft EIS to redo their analysis to reect the reality of Peak Oil and Peak Trafc -- phenomena that are not going to be substantially shifted even if we had a crash program to build hybrid cars and banned SUVs (since we've waited too long to start the transition).

It's worth remembering Martin Luther King's objections to highways, made the week before the federal government stopped his campaigning for racial and economic justice:

“These forty million [poor] people are invisible because America is so affluent, so rich; because our expressways carry us away from the ghetto, we don't see the poor.” -- Martin Luther King,"Remaining Awake Through a Great Revolution," March 31, 1968

Reviving the Rails: a best case Peak Oil scenario

"In the United States, we have a railroad system that the Bulgarians would be ashamed of. We desperately are going to need railroad transport for moving people around, for moving goods around – we don’t have that. What we do have is a trucking system that is going to become increasingly dysfunctional, especially as the expense mounts of maintaining the from the 2005 “SAFETEA-LU” transportation law tremendous interstate highway system. It costs so much money every year to maintain what the engineers call a high level of service – which means that the trucks that are delivering the High Priority Corridors map was copied from the Federal Highway Administration website at things from the central valley of California to Toronto don’t break their axles while they’re www.fhwa.dot.gov/planning/nhs/hipricorridors/index.html bringing those Caesar salads to Toronto. Once you have a certain number of trucks that are breaking their axles in that 3,000 mile journey, that’s the end of transcontinental trucking – which also implies that this is the end of certain economic relationships that we have gotten used to." -- author James Howard Kunstler, from an interview in the lm "The End of Suburbia: Oil Tolling without tollbooths: the J. Edgar Hoover Memorial Parkway Depletion and the End of the American Dream"

I oppose ODOT’s plans to create a “mileage tax” surveillance system to track everyone’s tolls. I would support instead paying for transportation projects through the gasoline tax - those In the 1960s, the success of freeway ghters in stopping the Boston Inner Belt spurred who drive more, those who drive gas guzzlers, those who drive less efciently or above the Congress to change transportation laws to allow money programmed for Interstate highways to speed limits would pay more than those who drive less and more gently. That would make be used for public transit. Several rail systems were created from unused freeway funds, most more of a dent on the transportation congestion than putting up cameras to record everyone’s notably the initial construction phase of the Washington, D.C. Metro. license plate so that the voyeurs who want to know where everyone is all of the time can spy on If the United States ever makes shifts to have an ecological, socially just policy to cope with the entire population. Peak Oil, it would need to shift money from the NAFTA superhighway program to a serious The tolling system would charge someone driving a hummer the same as someone driving a revival of inter-city rail to efciently move people and goods with less energy consumption. hybrid. Gasoline taxes would shift the burden to those driving less efciently, whether driving a fuel inefcient vehicle, speeding at 70 mph (versus 55) or otherwise driving aggressively in ways A best case scenario for mitigating Peak Oil could include that increase fuel consumption. • bullet train service between cities (with solar panels lining the tracks to provide some of the power), 26 27

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• light rail and better bus service on major roads, This map shows a proposal from US Department of Transportation for high speed rail in the • major investments in renewable energy and hyper-conservation, United States. Note that the Cascadia high speed train service has languished in obscurity, • land use shifts to reduce commuting distances, unfunded, ignored by politicians proclaiming themselves to be green and interested in “sustain a • widespread suburban agriculture to convert lawns into food production (which would bull” transportation. While Washington State is making some modest upgrades to the train line reduce truck deliveries), -- which will provide some slightly faster Amtrak service -- the State of Oregon is doing its best • other steps to reduce our demand for oil, coal, natural gas, uranium, concrete, and mineral to ignore problems of Willamette Valley train service. ores. The ODOT report “I-5 Rail Capacity Study” (February 2003), archived at www.oregon.gov/ ODOT/RAIL/docs/railcapstudy.pdf estimated it would cost about $170 million to make If we continue on the current road of overshoot, the likely consequence will be a “national substantial xes to the freight rail network in the Portland area to permit increased passenger Katrina” disaster, where a small group would still have access to fuels, capital, and quality food train service and unclog freight train congestion (partially caused by the import of cheap crap while a much larger underclass would be left to scramble for survival. But that dismal potential from China into western ports in Portland, Seattle, Tacoma and other locations). shares one outcome with the “positive scenario” -- both the cooperative, conservation future and The SDEIS needs to consider increased Amtrak service from Vancouver, Washington to the collapse scenario would greatly reduce need for more highways. Whether we cope with Peak Union Station in downtown Portland as part of the transportation mix. Oil and climate change or continue to ignore the problems until they become catastrophic and un-mitigable, there is no need to continue to expand highway network. Relocalizing production and building renewable energy systems is a bigger priority for using the remaining oil than more freeways for Wal-Mart delivery trucks. Future generations will regret that essential farmland was paved over - not that one more dumb highway was not built. Politicians who have nothing practical for the public to mitigate the consequences of Peak Oil risk being thrown out of ofce once the price of gas goes up and stays up. Who will get the blame for ignoring the issue? The most important question regarding planning for 2030 is what type of economy we will have after the cheap abundant oil is replaced by expensive, scarce oil. Will we use the remaining oil to relocalize production and build lots of renewable energy equipment or will this oil be used to build more freeways and fuel a futile World War to control the remaining oil elds? The answers to these questions determine the future of the human race.

Amtrak: old and new (80 and 120 mph theoretical speeds if the tracks were fixed). The Amtrak Cascades could connect cities much quicker if the tracks were upgraded to accommodate the speed it is capable of.

A side issue: solar photovoltaic panels should be installed along the tracks of the I-205 and Milwaukee light rail routes, along I-5, and even along the freight rail routes where possible. This is done in a growing number of European communities, since the right of way is already cleared (and usually in public ownership). Perhaps solar panels could be used to create a roof over bike paths to keep bicyclists and pedestrians dry during the rainy season.

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Rebuttal of DEIS energy sections from Columbia River Crossing - also relevant for Newberg Dundee DEIS and future SDEIS

3.12 Energy Policies at the federal, state and local levels support energy conservation for all sectors, including transportation. Transportation energy efficiency is largely regulated though requirements on vehicle manufacturers rather than transportation infrastructure. There are no established standards to determine when a transportation project has an energy “impact.” This DEIS compares the relative energy demands of the different CRC alternatives and discusses options that could reduce energy consumption during project construction and operations. This information is based on the CRC Energy Technical Report. 3.12.1 Existing Conditions This section gives an overview of national and state energy supply and demand, with a focus on transportation demand and on petroleum—the primary energy source for transportation. National Energy Demand At the national level, industrial uses had the highest share of energy demand in 2005. However, the transportation sector’s energy demand is expected to grow by 1.4 percent annually—to a 29.9 percent share by 2030—and will exceed the industrial sector’s demand. Of the total energy projected to be used by transportation in 2030, 97.4 percent is expected to come from liquid fuels and other petroleum products. Even ACELA: Amtrak’s high speed service from Washington, D.C. to Boston (150 mph). It is not quite the same quality of service as found in Japan, France, Germany, the note: in other words, transportation is going to remain very dependent on liquid fuels. Eurotunnel, Taiwan, Korea and other places with dedicated high speed routes, but it is Petroleum has the highest energy density of any known liquid fuels and has the greatest the best train route in North America. How many high speed routes could be built for Energy Return on Energy Invested (EROEI) of any known liquid fuels. the cost of a new Trident submarine, more Stealth bombers or other Weapons of Mass Destruction that are Made in the USA? Unfortunately, even if there was a national shift with improvements in fuel consumption rates and increasing use of in priorities to build super trains, the locomotives would have to be imported since there alternative fuel sources, the high passenger travel demand and increasing is almost no domestic train production capacity after decades of deliberate neglect. use of trucks for freight is expected to result in a substantial increase in (The Amtrak Cascades train was built in Spain, not Puget Sound or the Willamette energy demand. The transportation sector (including aviation, marine, Valley.) note: this alleged increase in demand is unlikely to be met with a parallel increase in supply. Just because there is a demand does not mean that oil elds can be extracted faster.

freight rail and roads) accounts for about 68 percent of our nation’s petroleum consumption. Washington and Oregon Energy Demand The total demand for all energy sources in Washington State has grown steadily, although the per capita consumption rate has declined several times since the early 1970s. The demand for energy from coal and natural gas in Oregon and Washington is substantially lower than the 30 31

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national average, but is offset by the demand for hydro-electric power. petroleum products to Washington and adjacent states. Oregon imports Washington is the leading hydroelectric power producer in the nation. 100 percent of its petroleum, of which approximately 90 percent comes However, as of 2004, energy derived from petroleum products accounted from Washington refineries. Both states’ future supply of petroleum is for the largest single share (42.0 percent) of energy consumed in largely dependent on domestic production and reserves. Oil production Washington, slightly higher than the 2005 national demand of from the North Slope peaked in 1988 and is projected to continue 40.5 percent. In 2000, approximately 47 percent of Oregon’s energy declining. consumption came from petroleum. Since then, petroleum’s share of

note: In other words, Oregon and Washington are totally dependent on outside sources note: this shows that Oregon’s transportation system is totally dependent on petroleum (since the non for oil, and the main source of that oil has been in decline for two decades -- down by petroleum energy supplies generally run the electric power grid, not transportation two-thirds since the peak.

total demand has decreased, but still accounts for the largest share of energy consumption at 35.7 percent, notably lower than the national average. As illustrated in Exhibit 3.12-1, the transportation sectors in Energy Use in the CRC Project Area Washington and Oregon (including aviation, marine, freight rail and The estimated existing daily energy use for the regional transit system roads) account for about 71 percent and 82 percent, respectively, of each (including the regional MAX light rail system and all of C-TRAN’s and TriMet’s buses and other transit vehicles) is approximately 2.8 x 109 state’s total petroleum consumption. In Washington, state-wide Btus. For cars and trucks crossing the river on I-5 and I-205, the petroleum demand in the industrial sector is nearly four times that of estimated daily energy use is about 1.3 x 109 Btus. The estimate for Oregon, increasing Washington’s non-transportation use of petroleum. existing and future highway energy use is based only on the crossing portion of highway trips. It does not estimate regional highway energy COLUMBIA RIVER CROSSING demand or even project wide demand. The reason for setting these boundaries for the highway energy estimates is twofold. First, the impact 3-318 CHAPTER 3 ENERGY on highway energy demand outside the corridor would be minimal. Peak Oil and Global Supply Second, highway speeds and congestion have a strong influence on fuel and Demand efficiency and thus energy demand. Traffic analysis completed for the Peak oil refers to the time frame in which the CRC project provides reliable speed and congestion estimates for the maximum global petroleum production rate is river crossing, but not elsewhere in the region. For these two reasons, reached, after which the rate of production enters a terminal decline. Peak oil and its rebuttal: Neither Oregon nor Washington is planning to reduce highway speed limits to the relevance to the CRC project is discussed in Nixon era 55 mph to reduce energy consumption (although when the oil crunch becomes the Cumulative Impacts section. more obvious this decision may become inevitable). While idling cars do waste oil, cars traveling 55 mph also use lots of oil, and the impacts of “induced trafc” and induced sprawl The trend toward more fuel-efficient vehicles is expected to continue in development from new highway construction / expansion need to be factored in to these the future because of recent government requirements for higher fuel efficiency analyses. It is incorrect to suggest that a bigger bridge will reduce energy consumption - the standards and rising petroleum prices. Promoting alternative excessive construction would be very energy intensive and the plans for extra trafc versus a fuel sources for transportation, such as ethanol, biodiesel, compressed Peak Trafc Alternative would consume vast oceans of fuel. natural gas, liquefied petroleum gas, and electricity has also been increasing. Nonetheless, petroleum demand in Washington, Oregon and the project area is projected to increase. highway-related energy demand is based on the estimated traffic Washington and Oregon Petroleum Supply volumes, vehicle types and travel speeds for the crossings themselves. Because gasoline and diesel are the primary energy sources for the This captures the most meaningful effects and provides a reliable transportation sector, the analysis of energy supply focuses on comparison among alternatives, even though it does not capture all of the petroleum-based fuel sources. Approximately 90 percent of potential highway energy savings. Washington’s current supply of crude oil comes from the Alaska North The analysis of transit-related energy demand looks more broadly, Slope. Five refineries in the Puget Sound area distribute refined primarily because this allows the analysis to capture the effect that the 32 33

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CRC alternatives have on transit operations outside the immediate poorer people onto the new light rail train while richer people continue to drive is a form of project area. environmental injustice. 3.12.2 Long-Term Effects of Project Alternatives By 2030, energy consumption by vehicles on regional roadways, including I-5 and I-205, will increase substantially over existing Total energy use would rise with Alternatives 4 and 5 primarily due to conditions. This will occur largely because population growth will the increased level of transit operations. Total energy use would decline increase the number of cars, trucks, and buses on the road. At the same with Alternatives 2 and 3 compared to the No-Build Alternative. time, average vehicle fuel efficiency is expected to improve as new, Alternative 1: No-Build DRAFT ENVIRONMENTAL IMPACT STATEMENT Exhibit 3.12-2 ENERGY EXISTING CONDITIONS AND ENVIRONMENTAL CONSEQUENCES 3-319 Future 2030 Energy Consumption (Million Btu) more fuel efficient and alternative fuel vehicles replace old ones. Alternative 1 No Build I-5 crossing 793.6 I-205 crossing 831.7 rebuttal: It is not physically possible on the downslope of oil extraction for future Highway Crossing Subtotal 1625.3 consumption to be greater than the peak of production. While fuel efciency may increase, Conventional bus 3,238.1 the overall availability of energy will decline faster than federal mandates to force higher Biodiesel busa 0 Light rail 520.8 mileage standards. Alternative fuels that are under consideration have substantially lower Transit Subtotal 3758.9 “energy return on energy invested,” so they will not be able to replace existing use of oil. Total 5384.2 Source: CRC Energy Technical Report. a Both transit operators have commitments to biodiesel utilization, and Exhibit 3.12-2 shows predicted fuel consumption in the year 2030. have begun investing in biodiesel vehicles. But for the No-Build analysis, Highway energy use is projected to decrease for all of the build no assumptions were made about the percentage of the vehicle fleets alternatives compared to the No-Build Alternative. Highway-related that may one day run on biodiesel. There is similar support for energy savings would likely be greater than shown as this table indicates diesel/electric hybrid vehicles, though no assumptions for such were only the energy reductions associated with the actual river crossing. The made in this analysis lower energy demand for the highway crossing is due to three primary The No-Build Alternative is projected to have higher energy factors: consumption than Alternatives 2 or 3 (by about 3 percent), and lower • Increased I-5 bridge capacity decreases the duration of congestion than Alternatives 4 and 5 (by about 6 percent). and increases average speeds. This improves fuel efficiency. Compared to stop and go traffic, fuel efficiency improves as average rebuttal: it is physically impossible for any alternative proposed today for the year 2030 to speeds increase, until the speeds reach free flow conditions. have an increase in energy consumption since the energy to be consumed is non-existent. Peak Oil will force a reduction in overall consumption regardless of government plans in rebuttal: Peak Trafc means that before 2030, substantial reductions in trafc ow are a Environmental Impact Statements. A Supplemental Draft EIS is needed to accurately project certainty, thus removing the alleged “need” for highway widening across the river. Instead, energy supplies in the design year of 2030. extra effort should be made for expanded light rail, carpooling, world-class Amtrak service, better bus service, and other initiatives to help citizens cope with the end of cheap oil. 3.12.3 Long-term Effects of Project Components This section describes impacts of the components that comprise the • CRC provides high-capacity transit that is expected to divert a project alternatives. portion of personal vehicular travel demand to transit, which uses Multimodal River Crossing and Highway Improvements less energy per passenger. (Replacement Crossing with Alternatives 2 and 3; Supplemental • Tolling the I-5 crossing is expected to deter some trips across the Crossing with Alternatives 4 and 5) river, which reduces energy demand. The highway improvements associated with the replacement crossing would reduce energy demand relative to the highway improvements associated with the supplemental crossing because the additional rebuttal: a more equitable means to raise the funds would be to tax gasoline at the pump, capacity would decrease the amount of time cars spend in stop and go preferably at the same level on each side of the state border. Refunds could be pro-rated to traffic. This improves fuel efficiency. lower income people to prevent an apartheid transportation system based on class. Forcing Transit Mode (BRT with Alternatives 2 and 4; LRT with Alternatives 34 35

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3 and 5) rebuttal: It is impossible for trafc levels to increase when overall energy supplies will be Light rail would reduce energy demand relative to bus rapid transit, substantially lower in 2030 than today in 2008. A Supplemental DEIS is needed to model a although the difference is minor. Both modes would reduce energy Peak Trafc Alternative. demand compared to providing no high-capacity transit system in the CRC corridor. DRAFT ENVIRONMENTAL IMPACT STATEMENT Due to the supplemental bridge’s assumed higher toll, less available ENERGY EXISTING CONDITIONS AND ENVIRONMENTAL CONSEQUENCES 3-323 highway capacity, and provision of an enhanced transit system, daily I-5 The additional electrical energy consumed by daily operations of vehicle crossings would be 13,000 vehicles per day lower compared to maintenance bases would be negligible compared to the energy the replacement bridge, while I-205’s crossings would increase by 6,000 consumed for transportation. Expanding either the bus maintenance base vehicles per day. Overall, there would be 7,000 fewer vehicle crossings in east Vancouver or the light rail maintenance base in Gresham would of the Columbia River via I-5 and I-205. not measurably affect long-term energy use. The No Toll scenario would have the highest daily energy use. Transit Terminus and Alignment Options (with all Alternatives) Compared to the No Toll scenario, the Standard Toll on I-5 scenario The Lincoln terminus would use slightly less energy than the Kiggins Bowl terminus, because it is a more direct and shorter route to North would consume approximately 1.9 percent less and the Standard Toll on Vancouver. COLUMBIA RIVER CROSSING The transit component of full-length terminus options would consume 3-324 CHAPTER 3 ENERGY more energy than the transit components of either of the minimum Estimating Construction operable segment (MOS) terminus. The Clark College MOS would Energy Use require approximately 1.4 percent less energy. The Mill Plain MOS, which represents the shortest high-capacity transit line length, would The approach for estimating energy use have the lowest energy use by approximately 2.4 percent compared to a during construction is based on a method full-length terminus. Construction energy demand would be lower for the developed by the California Department of minimum operable segments. Transportation. It estimates energy The transit alignment options would not affect the overall energy demand of the project, as summarized above for the alternatives. requirements for a variety of construction Transit Operations activities (building structures, electrical Increased transit operations (service frequency) would increase the substations, site grading, etc.) by relating transit operational energy demand compared to the Efficient operations project costs to the amount of energy option. While the Increased transit operations would result in fewer autos needed to manufacture, process, and install crossing the river, and thus some reduction in highway energy demand, that decrease is not proportional to the added energy demand from the construction materials and structures. substantial increase in transit service associated with the Increased versus Both I-5 and I-205 would require approximately 3.6 percent less Efficient transit operations. operational energy. Tolling Scenarios 3.12.4 Temporary Effects Tolls on the I-5 crossing are included in all build alternatives. Other tolling scenarios were studied to analyze how tolling would affect The method used to estimate energy use from construction is based on demand on the roadway. applying a factor to construction cost estimates. This provides a Under tolled scenarios, the replacement crossing would result in 178,000 straightforward albeit relatively simplistic approach for comparing the daily vehicle trips across the I-5 bridges and 213,000 vehicle trips across relative energy demand of alternatives. the I-205 bridges. If no toll were collected in 2030, the I-5 crossing’s Based on this estimating method, Alternative 3 (replacement crossing daily traffic levels would increase by 32,000 vehicles (18 percent). with light rail) would require the most energy to construct (estimated at I-205’s daily traffic would decrease by 13,000 vehicles (6 percent). about 7.28 x 1012 Btus), followed by Alternative 2 (3.2 percent lower), Without tolling, an additional 19,000 (5 percent) cross-river vehicle trips Alternative 5 (about 19.7 percent lower), and Alternative 4 (about would be made in 2030. 23.3 percent lower). Energy to construct Alternative 4, the lowest-cost full alternative, is estimated at about 5.90 x 1012 Btus. The two minimum operable segments are shorter and less expensive to build, and would thus require less construction energy. For the components that make up the alternatives, light rail construction 36 37

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would consume more energy than bus rapid transit; and, constructing the reaching peak global petroleum production is an important consideration Kiggins Bowl terminus (A) would use more energy than the Lincoln for projects, such as CRC, intended to address transportation needs for terminus (B). decades to come. 3.12.5 Potential Mitigation Oil production in the United States—the world’s third largest oil Potential Mitigation for Temporary Effects producing nation—reached its peak around 1970 and has been in a A variety of potential measures could reduce energy consumption from declining trend since then. Most estimates place peak global production construction. As the project advances in design, and more detail is occurring some time between 1990 and 2040. available on construction needs and activities, additional analysis will help identify specific measures and approaches for reducing energy consumption during construction. Potential measures include: rebuttal: No credible estimates ever placed peak around 1990. Even the earliest projection - • Construction materials reuse and recycling. from M. King Hubbert in 1956 - estimated that the global peak might be in the mid 1990s. • Encouraging workers to carpool. While Hubbert’s 1956 prediction that the US would peak around 1970 was accurate, he was off by a decade for the global peak since he didn’t include the reduction of consumption that happened as a result of the 1973 Saudi Oil Embargo and gasoline disruptions as a result of The SDEIS should consider encouraging all workers to carpool, not merely those working on the Iranian revolution. the construction of the CRC. Currently, in 2008, no credible scientist estimates that 2040 is the peak of global oil. The only debate among the experts who have closely examined the data is whether we are now at Peak Oil (on a temporary plateau) or whether the peak is just ahead, a couple of years in the • Turning off equipment when not in use to reduce energy consumed future. Some disingenuous voices suggest that tar sands and coal to liquids should be given during idling. equal weight in this discussion even though they take nearly as much energy to produce as • Maintaining equipment in good working order to maximize fuel they contain. When fuels require more energy to produce than they contain, they cease to be efficiency. sources of energy, regardless what the ostensible price is to purchase. • As practical, routing truck traffic through areas where the number of The SDEIS needs to factor in the best science about the state of petroleum geology and stops and delay would be minimized, and using off-peak travel times recognize that we are at - or at least near - the point of Peak Oil. to maximize fuel efficiency. • As practical, scheduling construction activities during daytime hours or during summer months when daylight hours are the longest to When oil production drops below oil demand, it is likely to cause petroleum prices to increase. There are uncertainties, however, regarding peak oil’s timing and the availability of substitute fuels. Peak oil’s effect 3.19.11 Energy and Peak Oil on transportation fuel prices and travel behavior will depend largely on when peak oil occurs and the availability of substitute fuels. Cumulative effects related to energy use are partially incorporated into Peak oil’s potential effects on economic activity and travel behavior the long-term energy demand estimates prepared for the CRC project. could affect the CRC project. The concern is that if substitute fuels are Those estimates are based on travel demand forecasts that factor in not readily available as petroleum supplies decrease, the rising cost and 59 Hamlet and Lettenmaier, 1999. reduced supply of petroleum could directly reduce auto and truck travel, and could result in dramatic reductions in economic activity, which, 60 Enertech Consultants, 1998. among other effects, could further reduce vehicle trips below forecasts. COLUMBIA RIVER CROSSING These vehicle trip forecasts influence the proposed size, design, and 3-438 CHAPTER 3 CUMULATIVE EFFECTS financing of transportation facilities. If fuel prices increase faster than projected local changes in land use patterns, employment, population expected, then the number of 2030 highway trips could be lower than growth, and other programmed transportation improvements. forecasted. However, even with relatively substantial fuel price The cumulative energy impact of primary concern is “peak oil.” Peak oil refers to the point in time at which the maximum global petroleum rebuttal: Fuel prices have already increased faster than the assumptions used in the DEIS, production rate is reached, after which the rate of production enters a which projected that 100 dollars a barrel might be reached by the year 2030. A SDEIS is terminal decline. Peak oil results from many incremental actions, few of needed to re-calibrate the trafc models to factor in the impacts of substantially higher energy prices (oil, natural gas, coal, etc) by 2030. which are individually important. However, the potential impact of

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increases, the future demand would still be greater than the expanded note: The Hirsch Report stated that we would need two decades to minimize the impact. highway capacity. Because fuel costs represent only a portion of total Since Peak Oil is here, now, the subtext of this report is that President Jimmy Carter was transportation costs (which include everything from car payments, to right, but the fact that his half hearted efforts were sabotaged by the nancial, political and insurance and maintenance) even large growth in fuel costs translates to military systems suggests that we are unprepared to cope with the unfolding crisis. a smaller growth rate in total transportation cost, which is what most directly affects travel demand in the long term. Global oil demand is projected to grow by 37 percent by 2030, driven in large part by transportation needs;62 local transportation energy demand • Both supply and demand will require is expected to grow as well, although the CRC build alternatives are attention. projected to reduce future transportation petroleum demand compared to • More information is needed to more precisely No-Build. At the global scale, these fuel savings will be very small but determine the peak time frame. incrementally beneficial over the No-Build Alternative. DRAFT ENVIRONMENTAL IMPACT STATEMENT rebuttal: demand may continue to grow, but no credible geologist suggests at this point CUMULATIVE EFFECTS EXISTING CONDITIONS AND ENVIRONMENTAL (2008) that global oil extraction can grow by 37 percent by 2030. The only debate among CONSEQUENCES 3-439 Peak Oil experts is whether we have already peaked worldwide, or whether there might be Has transportation some extra, secret oil in Saudi oil elds and a few other locations that will delay the peak a infrastructure been able to few years (although not to 2030 under any credible scenario). The work of the Association for the Study of Peak Oil - www.peakoil.net and www.aspo-usa.org - represents the best adapt to change? efforts of the world’s pre-eminent petroleum geologists and does not support the claim that Transportation infrastructure has proven to oil ows could theoretically increase in 2030 over current levels. A more realistic analysis be relatively adaptable. For example, the would show that by 2030 we are more likely to have a 37 percent REDUCTION in oil northbound I-5 bridge over the Columbia supplies, although the decline could be steeper than this. River was built in 1917 as a two-lane bridge that originally carried electric trolley cars and The CRC alternatives include a number of elements that would reduce Model T autos (which ran on either gasoline adverse impacts related to peak oil. These include: or ethanol). While it is now obsolete in terms • The bridge and highway improvements are focused on replacing or of seismic safety and traffic safety design updating aging infrastructure, not on building new highway corridors standards, it was able to periodically adapt to 61 Hirsch, 2005. nearly a century of changes in transportation 62 EIA, 2006. technology, energy policy and prices, vehicle types, and travel behavior. What does the U.S. Department of Energy say about peak oil? rebuttal: those changes were in the direction of increased energy consumption. We now face an era of declining energy consumption, a totally new experience without precedent (save for A report by the US Department of Energy61 collapses of pre-industrial civilizations such as Rome) included the following conclusions: • World oil peaking is going to happen, and will • They include substantial improvements to public transportation, with likely be abrupt. projected increases in transit mode share in the afternoon peak • The problem is the demand for liquid fuels direction from 13 percent with the No-Build to as much as 21 (growth in demand mainly from the percent with light rail transit transportation sector). • They provide substantially improved facilities for non-motorized • Mitigation efforts will require substantial time. transport • They support land use planning that seeks to control sprawl,

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concentrate development, and decrease auto dependency exposure to an engineered strain of Klebsiella planticola, a common soil bacteria. The • They include road use pricing (highway tolling) engineered K planticola was designed to be a miracle product to decompose plant stubble • Because of the addition of high-capacity transit and the bridge toll, and debris and to break down such for fertilizers, sludge and alcohol. all build alternatives are projected to have lower daily I-5 river Professor Ingham saw the extreme danger presented if K planticola had escaped into the crossings than under the no-build. wild. (1) "That would have been the end of all terrestrial plants...it would have been • They improve highway operations at a key pinch point which dispersed any time a bird moved it to another field." she noted, even as the EPA had already improves fuel efficiency and lowers emissions. approved K planticola as safe and ready for deployment. The monster germ was reluctantly shelved, Ingham and her graduate student were politically removed and the incident covered up. rebuttal: Peak Trafc makes this assertion somewhat moot, since less trafc by 2030 will see reduced congestion anyway. Carpooling, increased public transit, telecommuting and other approaches will have more impact on energy consumption that pretending that doubling the Hydrogen fuel cells currently lack long term viability and require extremely scarce platinum. width of the highway will reduce energy consumption. If hydrogen can be created (and distributed on a large scale) it might have a role in mitigating the end of the oil age.

• They increase highway safety which decreases collisions and congestion, further improving fuel efficiency. whether built for bus rapid transit or light rail, can be used by vehicles powered by a variety of fuels. The capacity of the proposed bicycle and pedestrian facilities can accommodate substantial growth in nonmotorized rebuttal: While there may be some trafc safety issues to be mitigated with changes to road transportation demand. It is likely that the proposed CRC design, requiring drivers to prove they still know how to drive and to be courteous when infrastructure could readily accommodate or adapt to the transition to getting a driver’s license renewal would be the single most effective approach. There is no substitute fuel vehicles, higher than projected growth in non-motorized need to double the width of I-5 merely to reduce the risk of accidents, especially as Peak modes, and higher growth in transit demand. Trafc sets in. There is substantial uncertainty regarding the timing of peak oil, the future availability of substitute fuels and technology, and the effects of peak oil on transportation. It is reasonable, however, to conclude that the Another concern is the ability of current transportation infrastructure to CRC project can be relatively prepared, at the project level, to address adapt to post-peak oil vehicles and technology. Based on the alternative reasonably foreseeable impacts associated with peak oil, and to reduce fuel vehicles that are currently being researched and developed, it is the project’s incremental adverse impact. highly likely that the CRC infrastructure (transit guideway, bridges, highway, and bike and pedestrian paths) will be able to accommodate foreseeable changes. Electric hybrids, electric plug-ins, and vehicles rebuttal: If the CRC DEIS cannot even acknowledge the substantial increases in oil prices powered by bio-diesel, ethanol, or hydrogen fuel cells are being designed during the preparation of this document, then claims that the project will be able to address to operate on modern roads and highways. The CRC transit guideway, Peak Oil are ludicrous beyond language.

rebuttal: Biodiesel is a great fuel (I use it) but it is unlikely to be scaled up to completely Outside the purview of CRC, numerous other measures will influence the replace petroleum based diesel. Biodiesel also must be blended with petroleum diesel when timing and impact of peak oil at the global and local scale. These other temperatures go below 40 degrees (F). Some people suggest that (genetically altered) algae actions include national and international energy policies, international may be able to generate liquid fuels in substantial quantities, but this is not yet proven and relations, fuel and transportation taxes and fees, alternative fuel and the risks of these engineered organisms escaping into the environment and causing massive technology research and development, agricultural policy and practices, pollution is not well understood. local land use regulations, and other measures. A biomass opponent recently wrote this:

In 1992, at the Oregon State University's botany department, Professor Elaine Ingham 4. Affected Environment stepped into a potential biotech Chernobyl. One of her graduate students discovered that all 4.1 Introduction the wheat plants they had been growing in jars had been turned to brown mush, a result of Because the supply and distribution of petroleum (Washington’s and Oregon’s primary 42 43

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energy source in general, and especially for the transportation sector) is regulated and distributed at the national and state levels, the affected environment is broadly inclusive of the U.S., Washington, and Oregon. This section provides a brief and general Interstate 5 Columbia River Crossing description of: Energy Technical Report • The existing use and demand for energy resources in the nation and region. Affected Environment • The present energy use for transportation. 4-2 May 2008 • The available and forecasted supply of energy. Historically, world oil prices have varied considerably and are expected to continue to Because gasoline and diesel are the primary energy sources for the transportation exhibit high fluctuations as a result of political instability, access restrictions, and a sector, reassessment of OPEC producers’ ability to influence prices during periods of volatility. this discussion provides general information on several energy sources, but focuses on As a result, the 2030 national supply of petroleum could vary substantially depending on the supply and demand of energy derived from petroleum-based fuel sources. Unless world oil prices. Due to global political and economic uncertainties, the USDOE Annual specifically defined otherwise, energy use refers to energy originating from crude oil Energy Outlook world oil prices in 2030 were forecasted for three scenarios: “High products since energy derived from these sources generally account for over 95 percent Price,” “Reference Price,” and “Low Price” with the cost of oil at 100, 59, and 36 dollars per barrel, respectively (in 2005 dollars). In November 2006 the price of crude oil was of the total energy demand for the transportation sector. about 60 dollars per barrel. One year later it had risen to between 90 and 100 dollars per 4.2 National Energy Supply and Demand barrel (2007 dollars). Depending on the world oil prices, the 2030 projections for The USDOE prepares annual energy outlook reports with projections into the future petroleum imports ranged from 13.4 million barrels per day for the High Price scenario, (USDOE 2007a). The Annual Energy Outlook analyzes trends in energy supply and 17.7 million barrels per day for the Reference Price, and 20.8 million barrels per day for the Low Price scenario. demand worldwide with linkages to projected performance of the U.S. economy and future public policy decisions. The most recent report analyzes historical energy use beginning in 1980 and provides supply and demand forecasts to 2030 (USDOE 2007a). Rebuttal: The 100 dollar a barrel price was reached four months before the publication of the Energy supply forecasts are largely based on international oil markets, and national DEIS, not in the year 2030. Therefore, the trafc analysis for the CRC needs to be redone to energy demand projections are organized by delivered energy sources and use sectors. factor in geological and nancial reality - the end of cheap oil is here (regardless of the 4.2.1 National Energy Supply precise timing of Peak Oil). The national supply of petroleum largely depends on international factors. The majority The following discussions on national and local energy supply of oil suppliers are currently at or near production capacity, with the exception of OPEC, and demand are based on the Reference Price world oil prices. who is the largest contributor to the international supply of petroleum. Since its inception 4.2.2 National Energy Demand in 1960, OPEC has historically had a substantial role in the international and U.S. The national demand for energy will depend on trends in population, economic activity, petroleum supply. In general, when the world oil price is low (price often tracks supply), energy prices (which are reliant on the factors affecting the national supply described OPEC curtails supply, and when the price is high, OPEC increases production. above), and the adoption and implementation of technology. In general, the energy In 2030, 66 percent of the U.S. petroleum supply is expected to be imported from consumption per capita is expected to increase 0.3 percent annually through 2030 international oil markets including OPEC members and other countries in the Far East, primarily as a result of strong economic growth (USDOE 2007a). However, the nation’s Caribbean, Europe and North America (other than the U.S.). Of this 66 percent, 37 economy is becoming less reliant on energy as a result of energy efficient technologies percent is expected to originate from OPEC suppliers (USDOE 2007a). and faster growth in less energy-intensive industries. USDOE’s annual energy outlook organizes national energy demand forecasts in 2030 by delivered energy source (liquid fuels/petroleum, natural gas, coal, electricity and Rebuttal: The US already gets about two-thirds of its oil supply from outside the US. Since most of the known oil in the US has already been extracted, it is obvious that by 2030 nearly renewables) and use sectors (residential, commercial, industrial, and transportation). all US oil consumption is likely to be bought (or stolen via military power) from other According to the USDOE, the delivered energy use from all sources is expected to countries. The only way that the ratio of foreign oil could remain relatively constant past the increase from 100.19 quadrillion Btu in 2005 to 131.16 quadrillion Btu in 2030, equating global peak is to begin to use much less oil, but that would force a substantial reduction in to annual demand growth rate of 1.1 percent (USDOE 2007d). Energy from liquid fuels travel demand, which in turn means that a 12 lane bridge across the Columbia River would and other petroleum products is expected to account for the greatest share of energy not be needed. 44 45

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demand (approximately 40 percent) with a growth rate of approximately 1 percent. Oil prices seep into asphalt costs, detour road work Repair projects are a blow to budgets By Judy Keen rebuttal: increase in petroleum based (and derived) liquid fuels are not going to be able to USA TODAY continue to increase on the Peak Oil downslope. CHICAGO — Fewer roads will be repaved this summer, thanks to soaring prices of oil-based asphalt. Some states, cities and counties say their road-repair budgets didn't anticipate asphalt prices The energy demand from renewable sources is expected to have the highest growth that are up 25.9% from a year ago, so they're being forced to delay projects. rate (2.2 percent from biomass and 2.6 percent from other sources for a combined "We will do what patching we can, but this will truly, truly be a devastating blow to the growth rate of 2.3 percent), but will continue to account for the smallest overall share of infrastructure," says Shirlee Leighton, a county commissioner in Lake County, S.D., where a 5- energy demand in 2030 (4.2 percent). Exhibit 4-1 summarizes the national demand for mile repaving project was postponed after bids came in $79,000-$162,000 higher than the energy in 2005 by energy source with projections out to 2030. $442,000 budget. The mix used to resurface roads consists of gravel and sand held together with a binder called liquid asphalt, which is made from crude oil. As oil prices rise, so does the cost of asphalt, says Peak Asphalt Don Wessel of Poten & Partners, a consulting rm that publishes Asphalt Weekly Monitor. http://lcog.org/meetings/mpc/0806/MPC%205g1i_OregonianArticleonCostIncreases.pdf "Prices are the highest I've seen in many, many, many years," he says. "The concern is that they Soaring costs throw Oregon road projects a curve will go up considerably." Rough road - Ofcials are facing steep price increases for asphalt and other materials Increases in the cost of diesel fuel used to transport, heat and lay asphalt are adding to the Monday, July 31, 2006 sticker shock, too, creating headaches across the USA: JAMES MAYER •Larimer County, Colo., would like to resurface 16-20 miles of its 450 miles of paved roads The Oregonian each year. "This year, we'll be lucky to do seven miles," says road and bridge director Dale Miller. www.delmarvanow.com/apps/pbcs.dll/article?AID=/20060616/NEWS01/606160303/1002 •Paul Degges, chief engineer for the Tennessee Department of Transportation, will resurface Asphalt prices delay pressing road repairs 1,600 miles of state highway this year, well short of his 2,500-mile target. "Since my budget is By Joseph Gidjunis not growing and costs are up, we're doing less paving," he says. Staff Writer •A few paved roads in Hall County, Neb., will revert to gravel surfaces, says public works The Daily Times, Salisbury, Maryland director Casey Sherlock. "At some point, they'll be potholed so bad we won't be able to keep patching them." He had hoped to resurface 6-7 miles of road this spring and could afford only 2 www.duluthsuperior.com/mld/duluthsuperior/news/politics/14837423.htm miles. Fri, Jun. 16, 2006 •In Washington County, Md., acting deputy public works director Robert Slocum is using Asphalt prices skyrocket, highway ofcials scramble to adjust alternative treatments requiring less asphalt. The result: More miles are being treated with less JOHN HARTZELL asphalt, but "ride quality" can be compromised. Associated Press •Snohomish County, Wash., pays 17% more for asphalt than a year ago, says county engineer Owen Carter. It's pooling funds with four cities to get a better price. www.ksla.com/Global/story.asp?S=5026843&nav=0RY5 •The Grand Traverse County (Mich.) Road Commission plans to bid out 30 miles of SHREVEPORT, LA resurfacing before a bond issue of up to $4 million is nalized to lock in prices before they go Asphalt Prices May Mean Fewer New Shreveport Street even higher, Road Commission manager Mary Gillis says. Ken Simonson, chief economist for Associated General Contractors of America, says the www.usatoday.com/printedition/news/20080606/1a_bottomstrip06_dom.art.htm asphalt-price squeeze exacerbates the USA's infrastructure problems and "may force Congress and the states to nd more money for roads sooner than they would have otherwise." Page 1A

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Peak Denial What made this little graph so devastating was that it estimated energy resources by 2030 that were woefully inadequate for the energy-hungry economies of India and China. Business as usual in oil production threatens massive conflict over sharing it. from the ASPO-USA Peak Oil Notes, October 29, 2009 www.aspo-usa.org Now, this all seemed pretty gigantic news to me but guess where the World Energy Outlook Quote of the day: chose to put this graph? Was it in the front, was it prominently discussed in the foreword? Did it (Steven Chu, US Secretary of Energy) was my boss. He knows all about peak oil, cause headlines around the world. No, no, no. It was buried deep into the report and but he can't talk about it. If the government announced that peak oil was no reference was made to it in the press conference a year ago. threatening our economy, Wall Street would crash. He just can't say anything The fear is that panicky markets can cause enormous damage – panic-buying that prompts about it. fights over resources, which in turn could lead to power cuts in some places and other such -- David Fridley, scientist at Lawrence Berkeley National Laboratory, quoted in an mayhem. But so far in facing this huge challenge, our political/economic system seems unable to cope with reality. We are forced to carry on living in an illusion that article by Lionel Badal (see Peak Oil News, 10/28, item #23) we have so much time to adapt to post-oil that we don't even need to be talking or thinking much about what a world without plentiful oil would look like. Reality has become too dangerous. So in reply to the Queen's question of a few years hence, we did see it coming but we http://www.guardian.co.uk/commentisfree/cif-green/2009/nov/10/peak-oil-fear-economic- chose to ignore it. establishment

Too fearful to publicise peak oil reality www.guardian.co.uk/commentisfree/2009/nov/16/oil-running-out-madman-sandwich-board The economic establishment accepts the world soon won't be able to meet The one thing depleting faster than oil is the credibility of those measuring it energy demands, but wants to keep quiet about it The challenge of feeding billions of people as fuel supplies fall is staggering. And yet leaders' heads remain stuck in the sand Madeleine Bunting guardian.co.uk By George Monbiot Tuesday 10 November 2009 14.30 GMT The Guardian - UK November 17, 2009 It is very hard for the average person in the street to come to a sensible conclusion on peak I don't know when global oil supplies will start to decline. I do know that another resource oil. It's a subject that prompts a passionate polarisation of views. The peak oilists sometimes has already peaked and gone into free fall: the credibility of the body that's meant to assess them. sound like those extraordinary Christians with sandwich boards proclaiming that the end of the Last week two whistleblowers from the International Energy Agency alleged that it has world is nigh. In contrast, the the international economic establishment – including the deliberately upgraded its estimate of the world's oil supplies in order not to frighten the markets. International Energy Agency (IEA) – has one very clear purpose in mind at all times: don't Three days later, a paper published by researchers at Uppsala University in Sweden showed that panic. Their mission seems to be focused on keeping jittery markets calm. the IEA's forecasts must be wrong, because it assumes a rate of extraction that appears to be Faced with these options the majority of people shrug their shoulders in confusion and impossible. The agency's assessment of the state of global oil supplies is beginning to look as ignore the trickle of whistleblowers, industry insiders and careful analysts who have been warning of the imminent decline in oil for over a decade now. reliable as Alan Greenspan's blandishments about the health of the financial markets. Remember the Queen's question – that uncannily accurate and strikingly obvious question If the whistleblowers are right, we should be stockpiling ammunition. If we are taken by she put to economists at the London School of Economics a year ago after the financial crisis: surprise, if we have failed to replace oil before the supply peaks then crashes, the did no one see it coming? Apply that question to peak oil and the answer is that many people global economy is stuffed. But nothing the whistle-blowers said has scared me as much as the did see it coming but they were marginalised, bullied into silence and the evidence conversation I had last week with a Pembrokeshire farmer. was buried in the small print. Wyn Evans, who runs a mixed farm of 170 acres, has been trying to reduce his dependency Take the 2008 edition of World Energy Outlook, the annual report on which the entire on fossil fuels since 1977. He has installed an anaerobic digester, a wind turbine, solar panels and energy industry and governments depend. It included the table also published by the Guardian a ground-sourced heat pump. He has sought wherever possible to replace diesel with his own today, and the version I saw had shorter intervals on the horizontal axis. What it made electricity. Instead of using his tractor to spread slurry, he pumps it from the digester on to nearby blindingly clear was that peak oil was somewhere in 2008/9 and that production from currently fields. He's replaced his tractor-driven irrigation system with an electric one, and set up a new producing fields was about to drop off a cliff. Fields yet to be developed and yet to be found system for drying hay indoors, which means he has to turn it in the field only once. Whatever enabled a plateau of production and it was only "non-conventional oil" which enabled a small else he does is likely to produce smaller savings. But these innovations have reduced his use of rise. Think tar sands of Canada, think some of the most climate polluting oil extraction methods diesel by only around 25%. available. Think catastrophe.

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According to farm scientists at Cornell University, cultivating one hectare of maize in the As a report commissioned by the US Department of Energy shows, an emergency United States requires 40 litres of petrol and 75 litres of diesel. The amazing productivity programme to replace current energy supplies or equipment to anticipate peak oil would of modern farm labour has been purchased at the cost of a dependency on oil. Unless farmers can need about 20 years to take effect. It seems unlikely that we have it. The world economy is change the way it's grown, a permanent oil shock would price food out of the mouths of many of probably knackered, whatever we might do now. But at least we could save farming. There are the world's people. Any responsible government would be asking urgent questions about how two possible options: either the mass replacement of farm machinery or the development of new long we have got. farming systems that don't need much labour or energy. Instead, most of them delegate this job to the International Energy Agency. I've been There are no obvious barriers to the mass production of electric tractors and combine bellyaching about the British government's refusal to make contingency plans for the harvesters: the weight of the batteries and an electric vehicle's low-end torque are possibility that oil might peak by 2020 for the past two years, and I'm beginning to feel like a both advantages for tractors. A switch to forest gardening and other forms of permaculture is madman with a sandwich board. Perhaps I am, but how lucky do you feel? The new World trickier, especially for producing grain; but such is the scale of the creeping emergency that we Energy Outlook published by the IEA last week expects the global demand for oil to rise from can't afford to rule anything out. 85m barrels a day in 2008 to 105m in 2030. Oil production will rise to 103m barrels, it says, The challenge of feeding seven or eight billion people while oil supplies are falling is and biofuels will make up the shortfall. If we want the oil, it will materialise. stupefying. It'll be even greater if governments keep pretending that it isn't going to The agency does caution that conventional oil is likely to "approach a plateau" towards the happen. end of this period, but there's no hint of the graver warning that the IEA's chief economist issued when I interviewed him last year: "We still expect that it will come around 2020 to a plateau … I think time is not on our side here." Almost every year the agency has been forced to downgrade its forecast for the daily supply of oil in 2030: from 123m barrels in 2004, to 120m in 2005, Spy Roads: Civil Liberties vs. Transportation Surveillance 116m in 2007, 106m in 2008 and 103m this year. But according to one of the whistleblowers, "even today's number is much higher than can be justified, and the International Energy Agency European Parliament – Luxembourg, 6 January 1998 – Directorate General for Research knows this". Scientific and Technological Options Assessment – An Appraisal of Technologies of The Uppsala report, published in the journal Energy Policy, anticipates that maximum global Political Control production of all kinds of oil in 2030 will be 76m barrels per day. Analysing the IEA's figures, it archived at http://www.cryptome.org/stoa-atpc.htm finds that to meet its forecasts for supply, the world's new and undiscovered oilfields would have to be developed at a rate "never before seen in history". As many of them are in politically or Vehicle Recognition Systems physically difficult places, and as capital is short, this looks impossible. Assessing existing fields, ... A huge range of surveillance technologies has evolved, including the night vision the likely rate of discovery and the use of new techniques for extraction, the researchers find that goggles discussed in 3 above; parabolic microphones to detect conversations over a kilometre "the peak of world oil production is probably occurring now". away (see Fig. 18); laser versions marketed by the German company PK Electronic, can pick Are they right? Who knows? Last month the UK Energy Research Centre published a up any conversation from a closed window in line of sight; the Danish Jai stroboscopic massive review of all the available evidence on global oil supplies. It found that the date of camera (Fig. 19) which can take hundreds of pictures in a matter of seconds and individually peak oil will be determined not by the total size of the global resource but by the rate at which it photograph all the participants in a demonstration or March; and the automatic vehicle can be exploited. New discoveries would have to be implausibly large to make a recognition systems which can identify a car number plate then track the car around a city significant difference: even if a field the size of all the oil reserves ever struck in the US were using a computerised geographic information system. (Fig.20) Such systems are now miraculously discovered, it would delay the date of peaking by only four years. As commercially available, for example, the Talon system introduced in 1994 by UK company global discoveries peaked in the 1960s, a find like this doesn't seem very likely. Racal at a price of £2000 per unit. The system is trained to recognise number plates based on neural network technology developed by Cambridge Neurodynamics, and can see both night Regional oil supplies have peaked when about one third of the total resource has been and day. Initially it has been used for trafc monitoring but its function has been adapted in extracted: this is because the rate of production falls as the remaining oil becomes harder to shift recent years to cover security surveillance and has been incorporated in the "ring of steel" when the fields are depleted. So the assumption in the IEA's new report, that oil production will around London. The system can then record all the vehicles that entered or left the cordon on hold steady when the global resource has fallen "to around one half by 2030" looks unsafe. The a particular day. UK Energy Research Centre's review finds that, just to keep oil supply at present levels, "more Such surveillance systems raise signicant issues of accountability particularly when than two thirds of current crude oil production capacity may need to be replaced by 2030 … At transferred to authoritarian regimes. The cameras ... in Tiananmen Square were sold as best, this is likely to prove extremely challenging." There is, it says "a significant risk of a peak advanced trafc control systems by Siemens Plessey. Yet after the 1989 massacre of in conventional oil production before 2020". Unconventional oil won't save us: even a crash students, there followed a witch hunt when the authorities tortured and interrogated programme to develop the Canadian tar sands could deliver only 5m barrels a day by 2030. thousands in an effort to ferret out the subversives. The Scoot surveillance system with USA made Pelco camera were used to faithfully record the protests. the images were repeatedly

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broadcast over Chinese television offering a reward for information, with the result that Howard and Anne Arundel counties deploy one each. Prince George's County and the District nearly all the transgressors were identied. Again democratic accountability is only the of Columbia have ordered more than a dozen of the cameras, which have been in use in Prince George's since August and the district since January. criterion which distinguishes a modern traffic control system from an advanced Baltimore police are soliciting bids for a system that would work with the city's existing dissident capture technology. Foreign companies are exporting trafc control systems to network of street surveillance cameras. And as early as this summer's vacation rush, Maryland Lhasa in Tibet, yet Lhasa does not as yet have any trafc control problems. The problem Transportation Authority Police hope to add the cameras to the Bay Bridge as part of a pilot here may be a culpable lack of imagination. project with the U.S. Department of Justice. Stationary cameras, such as those envisioned for Baltimore and the Bay Bridge, could alert nearby ofcers if an offending vehicle - one bearing a license plate registered to a wanted “that [surveillance] capability at any time could be turned around on the American people criminal, suspected terrorist or car thief - goes past. and no American would have any privacy left, such [is] the capability to monitor everything: "The uses are as limitless as your imagination," said Lt. John McKissick, director of telephone conversations, telegrams, it doesn't matter. There would be no place to hide. If this Howard County's emergency preparedness division. "We're just in the infancy of this project, but government ever became a tyranny, if a dictator ever took charge in this country, the already it saves us money and manpower." technological capacity that the intelligence community has given the government could Although proponents say the technology eventually will deny all but the most clever of criminals access to roads, privacy advocates warn that the plate hunters mark another step toward enable it to impose total tyranny, and there would be no way to ght back, because the a society in which police can track a person's every move. most careful effort to combine together in resistance to the government, no matter how "Normally, your license plate number only becomes relevant when you're involved in an privately it was done, is within the reach of the government to know. Such is the capability of accident, pulled over by police or when your car is stolen," said Marc Rotenberg, executive this technology ... director of the Electronic Privacy Information Center. "This technology changes that. ... It's a “I don't want to see this country ever go across the bridge. I know the capacity that is there to new form of surveillance." make tyranny total in America, and we must see to it that this agency [NSA] and all agencies The technology, which Tibbs demonstrated in the parking lot of Howard County police that possess this technology operate within the law and under proper supervision, so that we headquarters, was developed in Italy and used by the Italian postal service. Postcards would zip never cross over that abyss. That is the abyss from which there is no return.” along a conveyer belt, the cameras would read them, and the computer would sort them. -- Senator Frank Church (D-Idaho), 1975, quoted in James Bamford, “The Puzzle Palace” "The engineers in Italy realized that if they could read Bulgarian postcards handwritten with pencil at high speeds, license plates would be a piece of cake," said Mark Windover, president of Remington-Elsag, a partnership between the U.S. gun manufacturer and the Italian postal- “If this were a dictatorship, it would be a heck of a lot easier, just so long as I’m the technology company, which sold a plate hunter to Howard County for $26,0000. dictator.” The plate hunters use infrared light to "read" as many as 900 license plates per minute - George W. Bush, December 18, 2000 zooming by at speeds of up to 120 miles per hour in the rain or dark, McKissick said. Infrared light illuminates the plate, the camera snaps a picture and the computer converts it into digital characters - ABC 123, for example - using optical character recognition. Strapping two cameras to a roof allows the system to go through a mall parking lot, checking plates on both www.baltimoresun.com/news/local/bal-te.md.reader03apr03,0,73671.story?coll=bal- sides of the police car. home-headlines Each night, local police departments download FBI data to in-car laptops. When a scanned Cameras scan license plates for stolen cars license plate matches one in the FBI database, the computer triggers an alarm, and the screen By Melissa Harris blinks red "alert" signs. Before ofcers can make an arrest, they must check the accuracy of the Sun reporter alert because the database lags a day behind, and the system does not distinguish among states. Originally published April 3, 2006 "In one block in Washington, I recovered six sets of stolen tags and a stolen motorcycle using As her marked car crawled through the parking lot, Detective Kelly Tibbs' new laptop beeped the reader," said state police Detective Sgt. George Jacobs, assistant commander of the like a supermarket scanner. Two cameras, positioned like crab eyes on the cruiser's roof, snapped Washington-area vehicle enforcement unit. "It's just amazing that there are areas out there like digital pictures of hundreds of license plates, and with each beep, the laptop checked the images that. It's a great tool because manually, it would have taken me several hours to type in the tags." against an FBI list of stolen cars. Though the primary purpose of the technology is to recover stolen vehicles, Howard County Such cameras - called Mobile Plate Hunters - are replacing the laborious eyeball-and- and other jurisdictions plan to eventually use the cameras for surveillance. keystroke method of checking for stolen cars, letting busy ofcers rely instead on an automated McKissick said he envisions placing cameras around potential terrorist targets and linking scan that takes less than a second. them to neighboring counties' systems. For instance, if the same license plate passes emergency Already in widespread use in London and Italy, automatic number plate recognition is a communications towers in Howard, Baltimore and Anne Arundel counties, the system could alert technology on the verge of exploding in the Baltimore-Washington area, fueled in places by police in all three areas. funds from the federal Department of Homeland Security.

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The technology also could be used to enforce laws or court orders that keep sexual predators Senior police ofcers have described the surveillance network as possibly the biggest away from schools or domestic abusers away from spouses. advance in the technology of crime detection and prevention since the introduction of DNA Already, when Tibbs learns of an Amber Alert, she can enter the tag number manually into ngerprinting. her laptop and search for the car. The system also is linked to the FBI's "violent gangs and But others concerned about civil liberties will be worried that the movements of millions of terrorism organization le," though Howard County is not yet using it because the plate hunter is law-abiding people will soon be routinely recorded and kept on a central computer database for still new to the department, McKissick said. years. "We want to be able to look at offenders with another set of eyes," said Chief Gary W. The new national data centre of vehicle movements will form the basis of a sophisticated McLhinney of the Maryland Transportation Authority Police, which is working to secure a pilot surveillance tool that lies at the heart of an operation designed to drive criminals off the road. program for the technology at the Bay Bridge. In the process, the data centre will provide unrivalled opportunities to gather intelligence data McKissick and other ofcers dismiss concerns that the cameras invade drivers' privacy. on the movements and associations of organised gangs and terrorist suspects whenever they use McKissick said the machine is "strictly a numbers game," enabling ofcers to do more of what cars, vans or motorcycles. they already do. The scheme is being orchestrated by the Association of Chief Police Ofcers (Acpo) and has Jacobs said the system does not discriminate and that the computer does not list a tag owner's the full backing of ministers who have sanctioned the spending of £24m this year on equipment. information unless it sounds an alert on the car. Without the computer, ofcers choose which More than 50 local authorities have signed agreements to allow the police to convert license plates they check, lacking the time to manually enter every one they see. thousands of existing trafc cameras so they can read number plates automatically. The data will "There can be no discrimination," Jacobs said, "because the machine picks and runs every tag then be transmitted to Hendon via a secure police communications network. it sees." Chief constables are also on the verge of brokering agreements with the Highways Agency, [email protected] supermarkets and petrol station owners to incorporate their own CCTV cameras into the Copyright © 2006, The Baltimore Sun network. In addition to cross-checking each number plate against stolen and suspect vehicles held on the Police National Computer, the national data centre will also check whether each vehicle is lawfully licensed, insured and has a valid MoT test certicate. "Every time you make a car journey already, you'll be on CCTV somewhere. The difference Britain's auto Panopticon is that, in future, the car's index plates will be read as well," said Frank Whiteley, Chief Constable of Hertfordshire and chairman of the Acpo steering committee on automatic number http://news.independent.co.uk/uk/transport/article334686.ece plate recognition (ANPR). Britain will be first country to monitor every car journey "What the data centre should be able to tell you is where a vehicle was in the past and where From 2006 Britain will be the first country where every journey by every car will be it is now, whether it was or wasn't at a particular location, and the routes taken to and from those monitored crime scenes. Particularly important are associated vehicles," Mr Whiteley said. By Steve Connor, Science Editor The term "associated vehicles" means analysing convoys of cars, vans or trucks to see who is Published: 22 December 2005 driving alongside a vehicle that is already known to be of interest to the police. Criminals, for Britain is to become the first country in the world where the movements of all vehicles instance, will drive somewhere in a lawful vehicle, steal a car and then drive back in convoy to on the roads are recorded. A new national surveillance system will hold the records for at commit further crimes "You're not necessarily interested in the stolen vehicle. You're interested least two years. in what's moving with the stolen vehicle," Mr Whiteley explained. According to a strategy document drawn up by Acpo, the national data centre in Hendon will Using a network of cameras that can automatically read every passing number plate, be at the heart of a surveillance operation that should deny criminals the use of the roads. the plan is to build a huge database of vehicle movements so that the police and security "The intention is to create a comprehensive ANPR camera and reader infrastructure across services can analyse any journey a driver has made over several years. the country to stop displacement of crime from area to area and to allow a comprehensive picture The network will incorporate thousands of existing CCTV cameras which are being of vehicle movements to be captured," the Acpo strategy says. converted to read number plates automatically night and day to provide 24/7 coverage of all "This development forms the basis of a 24/7 vehicle movement database that will motorways and main roads, as well as towns, cities, ports and petrol-station forecourts. revolutionise arrest, intelligence and crime investigation opportunities on a national basis," it By next March a central database installed alongside the Police National Computer in says. Hendon, north London, will store the details of 35 million number-plate "reads" per day. These Mr Whiteley said MI5 will also use the database. "Clearly there are values for this in counter- will include time, date and precise location, with camera sites monitored by global positioning terrorism," he said. satellites. "The security services will use it for purposes that I frankly don't have access to. It's part of Already there are plans to extend the database by increasing the storage period to ve years public protection. If the security services did not have access to this, we'd be negligent." and by linking thousands of additional cameras so that details of up to 100 million number plates can be fed each day into the central databank.

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http://news.com.com/E-tracking,+coming+to+a+DMV+near+you/ "This can be achieved by building in connections to the vehicle ignition circuit so that failure 2010-1071_3-5980979.html to receive a moving GPS signal after some default period of vehicle operation indicates attempts DECLAN MCCULLAGH, CNET, December 5, 2005 to defeat the GPS antenna," the report says. Trust federal bureaucrats to take a good idea and transform it into a frightening proposal to It doesn't mention the worrisome scenario of someone driving a vehicle with a broken GPS track Americans wherever they drive. bug--and an engine that suddenly quits half an hour later. But it does outline a public relations The U.S. Department of Transportation has been handing millions of dollars to state strategy (with "press releases and/or editorials" at a "very early stage") to persuade the American governments for GPS-tracking pilot projects designed to track vehicles wherever they go. So far, public that this kind of contraption would be, contrary to common sense, in their best interest. Washington state and Oregon have received fat federal checks to gure out how to levy these One study prepared for the Transportation Department predicts a PR success. "Less than 7 "mileage-based road user fees." percent of the respondents expressed concerns about recording their vehicle's movements," it Now electronic tracking and taxing may be coming to a DMV near you. The Ofce of says. Transportation Policy Studies, part of the Federal Highway Administration, is about to announce That whiff of victory, coupled with a windfall of new GPS-enabled tax dollars, has another round of grants totaling some $11 million. A spokeswoman on Friday said the ofce is emboldened DMV bureaucrats. A proposal from the Oregon DMV, also funded by the "shooting for the end of the year" for the announcement, and more money is expected for GPS Transportation Department, says that such a tracking system should be mandatory for all "newly (Global Positioning System) tracking efforts. purchased vehicles and newly registered vehicles." In principle, the idea of what bureaucrats like to call "value pricing" for cars makes sound The sad reality is that there are ways to perform "value pricing" for roads while preserving economic sense. anonymity. You could pay cash for prepaid travel cards, like store gift cards, that would be No policy bans police from automatically sending out speeding tickets based on what the debited when read by roadside sensors. Computer scientists have long known how to create GPS data say. electronic wallets--using a technique called blind signatures--that can be debited without privacy Airlines and hotels have long charged less for off-peak use. Toll roads would be more concerns. efcient--in particular, less congested--if they could follow the same model and charge virtually The Transportation Department could require privacy-protective features when handing out nothing in the middle of the night but high prices during rush hour. grants for pilot projects that may eventually become mandatory. It's now even more important That price structure would encourage drivers to take public transportation, use alternate because a new U.S. law ups the size of the grants; the U.K. is planning GPS tracking and per- routes, or leave earlier or later in the day. mile fees ranging between 3 cents and $2. The problem, though, is that these "road user fee" systems are being designed and built in a We'll see. But given the privacy hostility that the Transportation Department and state DMVs way that strips drivers of their privacy and invites constant surveillance by police, the FBI and have demonstrated so far, don't be too optimistic. the Department of Homeland Security.

Zero privacy protections http://news.com.com/2102-1071_3-5980979.html?tag=st.util.print Details of the tracking systems vary. But the general idea is that a small GPS device, which knows its location by receiving satellite signals, is placed inside the vehicle. www.globetechnology.com/servlet/ArticleNews/TPStory/LAC/20051128/ Some GPS trackers constantly communicate their location back to the state DMV, while SMARTCARS28/TPTechnology/ others record the location information for later retrieval. (In the Oregon pilot project, it's beamed BIG BROTHER COMING UNDER YOUR CAR HOOD out wirelessly when the driver pulls into a gas station.) JEFF GRAY, GLOVE AND MAIL, CA- It's the last thing many motorists would want -- a The problem, though, is that no privacy protections exist. No restrictions prevent police from permanent, electronic back-seat driver, forcefully reminding them not to speed. But Transport continually monitoring, without a court order, the whereabouts of every vehicle on the road. Canada is road-testing cutting-edge devices that use global positioning satellite technology and a No rule prohibits that massive database of GPS trails from being subpoenaed by curious digital speed-limit map to know when a driver is speeding, and to try to make them stop. When a divorce attorneys, or handed to insurance companies that might raise rates for someone who driver hits a certain percentage above the posted speed limit, the device kicks in and makes it spent too much time at a neighborhood bar. No policy bans police from automatically sending difcult to press the accelerator. While the idea appeals to some road-safety experts, even the out speeding tickets based on what the GPS data say. researcher in charge of the project admits many drivers -- some of whom have shown erce The Fourth Amendment provides no protection. The U.S. Supreme Court said in two cases, resistance to photo-radar and red-light cameras -- may balk at the science-ction scenario of a U.S. v. Knotts and U.S. v. Karo, that Americans have no reasonable expectation of privacy when machine forcing them to apply the brakes. . . In Europe, proponents have said that the technology they're driving on a public street. should be mandatory in all vehicles or that insurance companies might offer discounts to drivers who use it. The PR offensive Even more shocking are additional ideas that bureaucrats are hatching. A report prepared by a Transportation Department-funded program in Washington state says the GPS bugs must be BOSTON HERALD - Over the coming year, the T will install automated fare collection made "tamper proof" and the vehicle should be disabled if the bugs are disconnected. equipment at every subway station and on every bus, allowing riders to pay easily with taps of special smart cards in their names. But each transaction with the plastic Charlie Cards will be 56 57

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recorded electronically, creating a record of where users were at a particular time on a particular "We have got to do everything we can during the course of this Parliament to decide whether day. Those records could be subpoenaed by cops, courts or even lawyers in civil cases. "The or not we go with road pricing. Something of this magnitude will span several parliaments and bottom line is that like other developments with consumer products and technology, the you need 'buy-in' not just from political parties but also from the general public. convenience does have a ip side. It’s convenience versus having the government be able to "Drivers have got to see that they benet," he said, adding that one of the "weaknesses" of track you," said privacy expert Eric Gertler. . . the congestion charging scheme introduced in the capital by the Mayor of London, Ken The new automated fare system will record where a passenger boards the system and at what Livingstone, was that it delivered a "general benet not a particular benet". Motorists could feel time. The system won't capture any data on the rider’s destination. The information will be they are paying a penalty to support buses they do not use. archived for a year and a half to two years before it’s erased. . . The national road-pricing scheme, by contrast, has got to work so there's "something in it for The Massachusetts Turnpike Authority has for years recorded where and when users of the me", said Mr Darling in advance of a keynote speech on the issue this Thursday. Fas tLane electronic transponders get on and off the toll highway. Unlike the MBTA, the Despite his insistence that the scheme would lead to no overall increase in the level of Turnpike’s privacy protections barring outside release of the data without a subpoena are written taxation as road taxes and fuel duties are reduced or abolished, it is bound to prompt fresh claims into state law. "On a fairly regular basis we receive subpoena requests both civil and criminal," that Labour is waging a "war on motorists". Pike spokesman Tom Farmer said. Some campaigners, meanwhile, are pressing Mr Darling to introduce new levies on http://news.bostonherald.com/localRegional/view.bg?articleid=118780&format=text individual roads immediately, using existing microwave technology or tolls. But that would force trafc on to quieter roads while entrenching opposition to a national scheme, ministers believe. However, new and expanded roads are likely to see innovations such as car-sharing lanes, http://news.independent.co.uk/uk/transport/story.jsp?story=644303 available to single drivers only if they pay a premium. Satellite toll plan to make drivers pay by the mile Darling orders nationwide road pricing. Charge of £1.34 a mile on busiest roads Geoslavery: GPS and technological tyranny By Francis Elliott, Deputy Political Editor 05 June 2005 www.ur.ku.edu/News/03N/MarchNews/March5/dobson.html British motorists face paying a new charge for every mile they drive in a revolutionary March 5, 2003 scheme to be introduced within two years. KU researcher warns against potential threat of 'geoslavery' Drivers will pay according to when and how far they travel throughout the country's road LAWRENCE -- Jerome Dobson wants to make sure his eld of research doesn't aid the network under proposals being developed by the Government. greatest threat to personal freedom. Alistair Darling, the Secretary of State for Transport, revealed that pilot areas will be selected As a pioneer of geographic information systems (GIS), Dobson, a researcher at the Kansas in just 24 months' time as he made clear his determination to press ahead with a national road Applied Remote Sensing Program at the University of Kansas, helped develop the technology pricing scheme. that now is commonplace in government, business and practically every aspect of modern life. Each of Britain's 24 million vehicles would be tracked by satellite if a variable "pay-as-you- Since 1975, Dobson has used GIS for a number of applications -- from conducting drive" charge replaces the current road tax. environmental analyses to identifying populations at risk of terrorism and natural disasters -- by In an interview with The Independent on Sunday, Mr Darling warned that unless action is combining data sets such as detailed population counts of every country in the world, terrain and taken now, the country "could face gridlock" within two decades. nighttime lights interpreted from satellite images, road networks and elevations. Dobson, who is Ofcial research suggests national road pricing could increase the capacity of Britain's a professor of geography at KU, also is president of the American Geographical Society. network by as much as 40 per cent at a stroke, he said. Unfortunately, the same technology that has so many benecial uses also has the potential to The rapid uptake of satellite navigational technology in cars is helping to usher in the new create a highly sophisticated form of slavery, or "geoslavery," as Dobson calls it. What worries "pay-as-you-drive" charge much sooner than had been expected. Figures contained in a Dobson is that GIS technology easily could be used not only to spy on people but to control them government feasibility study have suggested motorists could pay up to £1.34 for each mile they as well. travel during peak hours on the most congested roads. "It concerns me that something I thought was wonderful has a downside that may lead to Although a fully operational national scheme is still considered to be a decade away, Mr geoslavery -- the greatest threat to freedom we've ever experienced in human history," he said. Darling said local schemes could be up and running within ve years. Manchester is considered a By combining GIS technology with a global positioning system (GPS) and a radio front-runner, with local authorities in the Midlands and London also pressing to be considered transmitter and receiver, someone easily can monitor your movements with or without your for a £2.5bn central fund to introduce the change. knowledge. Add to that a transponder -- either implanted into a person or in the form of a Most of the necessary technology already exists. Lorries will be tracked by satellite and bracelet -- that sends an electric shock any time you step out of line, and that person actually can charged accordingly from 2007. The main obstacle to constructing a scheme to track Britain's 24 control your movements from a distance. million private vehicles is public opinion, and Mr Darling is determined to start making the case Sound like something from a bad sci- movie? Actually, several products currently on the now. market make this scenario possible. "You could dance around this for years but every year the problem is getting worse," he said. "In many ways that's what we're doing with prisoners right now, but they've been through a legal process," he said.

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In fact, many of the existing products are marketed to parents as a way to protect their http://charlotte.creativeloafing.com/2004-09-29/news_cover.html children from kidnappers. Dobson, however, said parents should think twice before using such NEWS COVER 09.29.04 products. Big Brother In Your Car "A lot of people think this is a way to protect their children," he said. "But most kidnappers won't have any compunction about cutting the child to remove an implant or bracelet." Futuristic hi-tech could save your life -- and raid your privacy Furthermore, these products rely on wireless networks, which are notoriously easy for BY TARA SERVATIUS hackers to break into, potentially turning the very products meant to protect children into fodder Deep inside the United States Department of Transportation, Big Brother is rearing his head. for tech-savvy child predators. On the third oor of the USDOT building in the heart of Washington, DC, a shadowy Dobson outlined the dangers of geoslavery in an article that appears in the most recent issue government agency that doesn't respond to public inquiries about its activities is coordinating a of the Institute of Electrical and Electronics Engineers' Technology and Society magazine. Peter plan to use monitoring devices to catalogue the movements of every American driver. F. Fisher, editor of the International Journal of Geographic Information Science, co-wrote the Most people have probably never heard of the agency, called the Intelligent Transportation paper with Dobson. More than 375,000 scientists read the IEEE magazine. Systems Joint Program Ofce. And they haven't heard of its plans to add another dimension to One of the greatest dangers of geoslavery is that it doesn't apply just to governments. For our national road system, one that uses tracking and sensor technology to erase the lines between example, individuals could use the technology to perpetuate various forms of slavery, from child cars, the road and the government transportation management centers from which every aspect of laborers to sex slaves to a simple case of someone controlling the whereabouts of his or her transportation will be observed and managed. spouse, Dobson said. For 13 years, a powerful group of car manufacturers, technology companies and government "Many people have concerns today about privacy but they haven't put all the pieces together interests has fought to bring this system to life. They envision a future in which massive and realized this means someone can actually control them -- not just know about them, but databases will track the comings and goings of everyone who travels by car or mass transit. The control them," Dobson said. only way for people to evade the national transportation tracking system they're creating will be As the price of these products gets cheaper and cheaper, the likelihood rises that the to travel on foot. Drive your car, and your every movement could be recorded and archived. The technology will be abused, he said. To prevent this, Dobson's paper outlines a number of actions federal government will know the exact route you drove to work, how many times you braked that should be taken, including revising national and international laws on incarceration, slavery, along the way, the precise moment you arrived -- and that every other Tuesday you opt to ride stalking and branding, and developing encryption systems that prevent criminals or countries the bus. with bad human rights records from accessing GPS signals. They'll know you're due for a transmission repair and that you've neglected to x the ever- Still, the rst step is making people aware of the very real threat that geoslavery poses. The widening crack that resulted from a pebble dinging your windshield. potential for harm is even greater in less developed nations without strong traditions of personal Once the system is brought to life, both the corporations and the government stand to reap freedom, he said. billions in revenues. Companies plan to use the technology to sell endless user services and "We need a national dialogue on this if we're going to go into something so different from upgrades to drivers. For governments, tracking cars' movements means the ability to tax drivers our traditional values of privacy and freedom," Dobson said. "We need to think about it very for their driving habits, and ultimately to use a punitive tax system to control where they drive carefully and decide if this is a direction we as a society want to go." and when, a practice USDOT documents predict will be common throughout the country by Dobson said he doesn't consider himself a crusader. Instead, he is a scientist who is working 2022. diligently to ensure that people really understand the good and bad sides of the technology he This system the government and its corporate partners are striving to create goes by many helped create. names, including the information superhighway and the Integrated Network of Transportation "There certainly are many, many good uses for the technology -- that's not the issue -- the information, or INTI. Reams of federal documents spell out the details of how it will operate. issue is that it can be so easily misused," he said. "My role as a university professor is to alert Despite this, it remains one of the federal government's best-kept secrets. Virtually nothing people and make sure there is an informed debate." has been reported about it in the media. None of the experts at the privacy rights groups Creative Loang talked to, including the ACLU, the Consumers Union and the Privacy Rights Clearinghouse, had ever heard of the INTI. Nor had they heard of the voluminous federal http://www.smartmobs.com/archive/2003/03/12/gps_spawns_fear.html documents that spell out, in eerie futuristic tones, what data the system will collect and how it CNN reports on Jerome Dobson's concerns that GPS technology may be hazardous to will impact drivers' daily lives. personal liberties. Dobson is president of the American Geographical Society. "Geoslavery" is a Buried inside two key federal documents lies a chilling cookbook for a Big Brother-style good word for describing one of the biggest downsides to smartmob technology. transportation-monitoring system. None of the privacy experts we talked to was aware of a 2002 USDOT document called the "National Intelligent Transportation Systems Program Plan: A Ten- Year Vision" or the "National ITS Architecture ITS Vision Statement," published by the Federal Highway Administration in 2003. What's more, no one we talked to was aware of just how far the USDOT has come in developing the base technology necessary to bring the system to life. More than $4 billion in federal tax dollars has already been spent to lay the foundation for this system. Some of the technologies it will use to track our movements are already familiar to 60 61

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the public, like the GPS technology OnStar already used to pinpoint the location of its Since 1991, the driving force behind the INTI has been the Washington, DC-based Intelligent subscribers. Others are currently being developed by the USDOT and its sub-agencies. Transportation Society of America (ITSA). This powerful group of government and corporate Five technology companies hired by the USDOT to develop the transceivers, or "on-board interests has spent tens of millions of dollars lobbying to bring the INTI to life and worked side units," that will transmit data from your car to the system are expected to unveil the rst models by side with USDOT and its agencies to create it. next spring. By 2010, automakers hope to start installing them in cars. The goal is to equip 57 A look at its shockingly broad 500-organization membership base shows just how much clout million vehicles by 2015. is behind the push to create the information superhighway. Forty-three of the 50 state Once the devices are installed, the technology will allow cars to talk to each other in real Departments of Transportation are members, including the North Carolina DOT. Dozens of time, transmitting information about weather, dangerous road conditions ahead and even warning transportation departments from large and medium-sized cities, including the Charlotte Area drivers instantaneously of an impending collision. When used in combination with GPS Transit System, are also members. So are most of the key corporate players in the transportation technology already being installed in millions of cars, the INTI will be able to transmit real-time technology industry and America's big three auto manufacturers. information about where your car is and where you've been. Though the membership of the Board of Directors changes every year with companies Though Joint Project Ofce ofcials refused to talk to Creative Loang about the next step in cycling on and off, over the last two years, ITSA's board members have included executives their plan, one ofcial dened it simply in a presentation before the National Research Council in from General Motors, DaimlerChrysler, Ford Motor Company, and executives from the January. technology companies helping to develop the on-board units, including TransCore and Mark IV "The concept," said Bill Jones, Technical Director of the Joint Ofce, "is that vehicle Industries. The board has also included federal transportation bureaucrats like Jeff Paniati, the manufacturers will install a communications device on the vehicle starting at some future date, Joint Program Ofce director. ITSA president and CEO Neil Schuster says the bulk of the and equipment will be installed on the nation's transportation system to allow all vehicles to group's $6 million annual budget comes from its corporate members, money that ITSA then turns communicate with the infrastructure." around and uses to lobby Congress and the federal government for further development of the "The whole idea here is that we would capture data from a large number of vehicles," Jones INTI. said at another meeting of transportation ofcials in May. "That data could then be used by So why haven't you heard about ITSA or the INTI? Until recently, most of the groundwork public jurisdictions for trafc management purposes and also by private industry, such as necessary to lay the foundation for the system has been highly technical and decidedly unsexy. DaimlerChrysler, for the services that they wish to provide for their customers." That's because before industry leaders and government ofcials could hold the rst transceiver in According to USDOT's 10-year plan, the key "data" the INTI will collect is "the identity and their hands or bury it inside the rst automobile, they had to create a uniform language for the performance of transportation system users." system and convince the Federal Communications Commission to set aside enough bandwidth to "It's going to happen," said Jean-Claude Thill, a professor at the University of Buffalo who contain the massive amount of data a constant conversation between cars, the road and the specializes in transportation and geographic information and who has done research for USDOT. system would produce. "It's probably going to start in the large metropolitan areas where there's a much larger A half-decade later, with the computer standards 90 percent complete and the bandwidth set concentration and more demand for the services that are going to be made available." aside by the FCC, they're on the brink of a transportation revolution. With this system, and the fantastic technology it will enable, the government and the auto To most drivers, the above probably sounds pretty far-fetched. National databases to track industry claim they can wipe out all but a fraction of the 42,000 deaths on America's roads by our every move? A national network of government-controlled trafc management centers that literally intervening between the drivers, cars and the road. But as they careen toward making it a use wireless technology for trafc surveillance by 2022? But the reality is that much of the reality, its costs in terms of individual privacy have barely been contemplated. technology and infrastructure needed to bring the system to life has already been put in place. If the government has its way, these technologies will no longer be optional. They'll be In the old days, if you turned on your windshield wipers, power just went to the wipers. But buried deep inside our cars at the auto factory, unremovable by law. If things go as planned, in the cars of today, a miniature self-contained computer system of sensors and actuators controls within the next decade these devices will begin transmitting information about us to the the wipers and just about everything else the car does. All that information winds up on government, regardless of whether we want to share it or not. something inside your car called a data bus. More chilling still is the fact that Creative Loang isn't the rst to use the "Big Brother" label "We have the ability to communicate essentially any of the vehicle information that's on that to describe the system. Even the corporate leaders working to create it refer to it in Orwellian data bus, typically encompassing the state of about 200 sensors and actuators," said Dave Acton, terms. At a workshop for industry and government leaders last year, John Worthington, the an ITS consultant to General Motors. "Anything that's available on the bus is just content to the President and CEO of TransCore -- one of the companies currently under contract to develop the system, so you could send anything." on-board units USDOT wants to put in your car -- described INTI as "kind of an Orwellian all- For automakers and tech companies, the databus is a goldmine of information that can be singing, all-dancing collector/aggregator/disseminator of transportation information." transmitted via imbedded cell phone or GPS technology. This year alone, 2 million cars in This story really begins in 1991, the year Congress established a program to develop and General Motors' eet were equipped with the GPS technology that would enable customers to deploy what is now called "Intelligent Transportation Systems," or ITS. At the time, most ITS subscribe to OnStar-type services if they choose. Eventually, says Acton, all cars will likely be technology was in its infancy. But even back then, the long-term goal of the federal government equipped with it. and the automobile industry was to develop and deploy a nationwide trafc monitoring system. But the same technology installed in GM's eet is also capable of transmitting the car's A transportation technology industry quickly sprang to life over the next decade, feeding off location and speed to any government agency or corporate entity that wants it without the driver federal money and the corporate demand for wireless technology. knowing, whether they subscribe to OnStar-type services or not.

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Though government-run transportation centers across the country are not yet collecting the The tantalizing prospect of saving thousands of lives comes with a heavy price. The same data, Acton predicts they will begin to within the next decade. technology that will allow cars to talk to each other in real time would also allow the government Ann Lorscheider agrees. She's the manager of the Metrolina Region Transportation and ultimately private business to use the INTI to track every move American drivers make -- Management center on Tipton Drive in Charlotte. and prot from it. At the center off Statesville Avenue, trafc management specialists stare at dozens of This is the dark side of the information superhighway, the one executives and federal television screens mounted on a massive wall, watching for accidents or anything out of the bureaucrats don't like to talk about. That's probably because they know it's entirely possible to ordinary. From their workstations, they surveil 200 interstate miles, including I-77 from the use the technology the government is developing to prevent fatal collisions without harvesting South Carolina state line to US 901 in Iredell and I-85 from the state line into Cabarrus County. information from automobiles and archiving it. When they need to, they can swivel the cameras mounted along the interstate or zoom in to For all their talk about saving lives, there's ample evidence that the driving force behind the get a better look at an accident. Sensors in the road constantly dump data back to the center on push to develop the national information superhighway is to prot from the data it collects. Both trafc patterns and speed. A system based on predictive algorithms tells them if a trafc pattern the corporations and the government -- including the more than 40 state departments of signals a potential problem. transportation that are members of ITSA -- stand to eventually rake in billions in revenues if they The cameras and the sensors were installed by the state in 2000, at a cost of $41 million. can bring the system to life. (See sidebar, "A Marketer's Dream.") Trafc management centers like the one Lorscheider runs can now be found in just about every But rst, they must nd a way to harvest and archive the data. major to mid-sized city or region across the country, most constructed in over the last decade or That's where the ADUS, or Archived Data User Service, project comes in. For the last ve so. years, while they were laying the foundation for the INTI, USDOT and ITSA have also begun News reports show that over the last ve years alone, there has been an explosion in the setting standards for the massive databases that will collect and archive information. construction of these centers. During that time, over 100 such centers have opened across the According to federal documents, when it's completed, the brain of the INTI will essentially country, part of a boom driven by the USDOT and its sub-agency, the Federal Highway be a string of interconnected regional and national databases, swapping, processing and storing Administration, which has secured funding to help bring the centers to life. data on our travels it will collect from devices in our cars. "They're booming," said Lorscheider. "They're all over the place now." According to the "ITS Vision Statement" the Federal Highway Administration published in Everywhere they've opened, the centers have decreased response time to accidents and 2003, by 2022, each private "travel customer" will have their own "user prole" on the system slashed, sometimes by as much as half, the number of law enforcement personnel needed to that includes regular travel destinations, their route preferences, and any pay-for-service respond to accidents and get trafc moving again. Congestion and travel times have also subscriptions they use. improved. Neil Schuster, president and CEO of ITSA, further claried that goal in a recent interview This all sounds ne and safety-centered. But in the future envisioned by USDOT and ITSA in with Creative Loang. federal documents, the centers will be far more than a handy congestion management tool. "In fact, when we talk about this, the US government is talking about creating a national They'll form the very hub of the INTI itself, interacting with regional and national trafc centers database, because where cars are has to go into a database," Schuster said. and, ultimately, with immense national databases run in partnership with the private sector that Most INTI enthusiasts, like Schuster, insist that the lives potentially saved by this technology will cull data from vehicles, crunch and archive it. are worth giving up some privacy. To bring the INTI to life the way the government plans, the system will have to do far more "When I get on an airplane everyone in the system knows where I am," said Schuster. "They than use GPS technology to transmit where cars have been and what they did along the way. Cars know which tickets I bought. You could probably go back through United Airlines and nd out will need to swap information instantaneously with each other and with roadside readers at everywhere I traveled in the last year. Do I worry about that? No. We've decided that airline highway speeds in real time, something today's GPS technology can't do. To solve the problem, safety is so important that we're going to put a transponder in every airplane and track it. We the federal government is pushing back the boundaries of wireless technology to create devices know the passenger list of every airplane and we're tracking these things so that planes don't that can make the vision possible. Using something called Dedicated Short Range crash into each other. Shouldn't we have that same sense of concern and urgency about road Communications, or DSRC, the transceivers the government is developing would allow cars to travel? The average number of fatalities each year from airplanes is less than 100. The average carry on simultaneous conversations with each other and with corresponding roadside units, number of deaths on the highway is 42,000. I think we've got to enter the debate as to whether sending messages or warnings throughout the transportation management system instantly. we're willing to change that in a substantial way and it may be that we have to allow something These "conversations" could prevent collisions or stop drivers from running off the road, on our vehicles that makes our car safer. . . I wouldn't mind some of this information being while giving transportation managers an instantaneous view of road and weather conditions. available to make my roads safer so some idiot out there doesn't run into me." With a DSRC transceiver and GPS technology in every car, automakers believe they can wipe Schuster insists that drivers shouldn't worry about the government storing information about out nearly all automobile fatalities in the US. It's a goal they call the Zero Fatalities Vision. their travels because personal identifying information would be stripped from it. "There is a basic consensus that we have to change the safety paradigm," said Chris Wilson, "They're not going to archive all of the data, they're going to archive the data they need," Vice President of ITS Strategy and Programs at DaimlerChrysler Research and Technology Schuster said. "They want origin, they want destination, they want what route that vehicle took. North America, Inc. "Everything we've done up until now -- airbags, seatbelts -- was to mitigate They don't want the personal information that goes with that because it's useless to them." accidents once they occur. Now we're looking to prevent accidents. To do that we need live Schuster's words would be more reassuring if they didn't contradict planning documents vehicle-to-vehicle communication and vehicle-to-vehicle infrastructure." authored by his organization and USDOT.

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ITSA's own website on ADUS says data archived by INTI databases will include "vehicle That's part of what frustrates Skrum, the National Motorists Association communications and passenger data." So does the USDOT's Ten-Year-Plan. In fact, according to ITSA's own director. "Because this is being done behind closed doors to a certain extent, the public isn't privacy principles, which are printed on its website, transportation systems will collect personal really going to have much to say about it," said Skrum. information, but only that information that's relevant for "intelligent transportation system" The good news is that there's still time for the public to weigh in. It will take USDOT at least purposes. three more years of development and consumer testing before the rst prototype "on-board unit" "ITS, respectful of the individual's interest in privacy, will only collect information that is ready. In the meantime, the federal government, automakers and the state departments of contains individual identiers that are needed for the ITS service functions," the site reads. transportation will have to hash out a couple of billion-dollar details. So far, the government has "Furthermore, ITS information systems will include protocols that call for the purging of borne nearly all the cost of developing the on-board units. But that will soon change. For the individual identier information that is no longer needed to meet ITS needs." system to work, automakers must sign on to mass produce the on-board units and install them in In other words, identifying information will be purged when government and corporate users cars, a move that will cost billions. no longer have a need for it, not when it becomes a privacy issue for an individual driver. At the same time, the government must install the roadside readers to transmit the messages Everyone Creative Loang spoke to for this article, and every federal document we cars send, or the on-board units will be useless. So to bring the system to life, the government examined, insisted that safeguards would be put in place to protect this data. So far, though, no must spend millions, if not billions, on roadside units to communicate with cars at roughly the one has been able to specify exactly how these safeguards will work. same time automakers begin installing the on-board units. It's a problem Eric Skrum, Communications Director for the National Motorists Association, As Japan, Europe and foreign carmakers dash to develop similar technology, US automakers is familiar with. are under tremendous pressure. This is creating something of a chicken and egg situation. Given "Information on this is awfully hard to get and it's also very conicting, where one hand will the nature of federal and state transportation budgets, the rollout of roadside units is likely to be be telling you one thing and the other will be saying oh no, we wouldn't possibly be doing that," gradual, starting at select trouble spots across the nation. But automakers say they need a mass Skrum said. deployment to make their effort worthwhile. They want to see a rollout of at least 400,000 It's a problem Creative Loang ran into as well. For instance, Schuster insists that the data roadside readers over about a three-year period. the system will eventually collect won't be used to issue people speeding tickets or other trafc A decision is currently slated for 2008, when automakers and the USDOT plan to come citations. together to hash out a deployment strategy. At stake will be billions of dollars -- both in But according to ITSA's own privacy principles, the information won't be shared with law investments and prots. If the government and automakers can agree on a deployment plan, enforcement -- until states pass laws allowing it. In fact, the US Department of Justice and technology companies are expected to begin investing more heavily in the further development USDOT are already working on a plan to share the data ITS systems collect with law of programs the technology will enable. enforcement. It's called the USDOT/DOJ Joint Initiative For Intelligent Transportation & Public ITSA projects that $209 billion could be invested in intelligent transportation technology Safety Systems, and its aim is to coordinate the integration of the system with police and law between now and the year 2011 -- with 80 percent of that investment coming from the private enforcement systems by developing the software and technical language that will allow them to sector in the form of consumer products and services. communicate. Jean-Claude Thill, a professor at the University of Buffalo who specializes in transportation After Sept. 11, ITSA and USDOT added a homeland security addendum to their 10-year and geographic information systems, says he believes the system will be deployed, just not as plan. The system, through wireless surveillance and automated tracking of the users of our fast as car makers would like. transportation system, could bolster Homeland Security efforts, it said. "It's not going to happen all at once," said Thill. "Look at cell phones. Right now in large Sensors deployed in vehicles and the infrastructure could "identify suspicious vehicles," urban areas you have a high density of cell towers so you have good coverage. If you venture on "detect disruptions" and "detect threatening behavior" by drivers, according to the addendum. the interstate your signal gets weak and sometimes you lose it. You can't expect this to be Those who take public transit wouldn't escape monitoring, either. The addendum suggests different." "developing systems for public transit tracking to monitor passenger behavior." Thill says he believes the automobile manufacturers are playing hardball with the So who will control the information transmitted by the on-board units? That's still up in the government to make sure the infrastructure is put in place quickly. air, too. Like the black boxes now installed in cars that record data before a crash that can later "I think the automobile manufacturers will do it," said Thill. "There is money in it. I think as be used against the driver, it's possible that the on-board units will be installed in new cars before the market develops in large urban areas, they will see that it is in their interest to get on the the legal issues surrounding the data they collect are fully resolved, says one industry insider. wagon. But nothing is going to happen until they are on board." Robert Kelly, a wireless communications legal expert who has acted as legal council to From the government's perspective, the good news is that a few sensors in a few cars and a ITSA, says privacy law will have to evolve with the technology. In other words, privacy issues little GPS technology can go a long way. probably won't be resolved until the technology is already in place. Legislatures and Congress "Only a relatively small percentage of the approximately 260 million vehicles on US roads will have to guide how everyone from law enforcement to corporations use the data and exactly today need to be equipped with communication devices for the system to start producing useful what information they have access to, Kelly said. data," said Bill Jones, the Technical Director of the USDOT's ITS Joint Project Ofce in a speech But again, with privacy organizations largely in the dark and the development of the system to the National Research Council's Transportation Research Board in January. "With 14 to 15 hurtling forward, the question is how much inuence, if any, privacy advocates will be able to million new vehicles sold in the US each year, within two years you can have 10 percent of all wield before these devices are installed on the rst future eet of cars.

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vehicles equipped. We already know from our previous studies that a vehicle probe saturation of monitor speeding and unregistered trucks didn't cause a ripple. The candid Safe-T-Cam had, in less than 10 percent can provide good information." fact, lmed every vehicle travelling along that stretch of the Hume. So when the diplomat's ex- Contact Tara Servatius at [email protected] lover insisted to police that she and her new boyfriend had been in Sydney at the time of the crime, the authorities had only to look at an image of her car eeing back up the highway to know that she was lying. Data Mining and Surveillance Few people would be troubled by the use of trafc cameras to locate criminal suspects. But the Canberra incident highlights how the mass surveillance of motorists, far from being an www.fromthewilderness.com/free/ww3/012605_watching_you.shtml Orwellian conspiracy theory, is now routinely practised and growing more pervasive by the year. They're Watching You (about data mining corporations versus personal privacy) In Australia and other major Western countries, trafc is increasingly monitored with the sort of ... We appear to be on the brink of a post-September 11 surveillance society. In one optimistic sophisticated technology that makes the image of a shadowy gure watching through binoculars scenario, the U.S. is employing its full range of technical ingenuity to ferret out terrorists, using seem impossibly quaint. Whether we're appearing in "real time" on one of the hundreds of trafc all the resources of the Digital Age and its quirky software geniuses. Meanwhile, dazzling new cameras operated by central command centres in Melbourne and Sydney, being "ashed" on a biometric identiers -- iris scans, voiceprints, DNA registries, and facial recognition software -- speed or red-light camera operated by the police, or clocked on a toll road with our seemingly are about to reduce identity theft to a quaint memory even while they shorten airport security innocent e-tags, it's almost impossible to drive anywhere without being monitored and/or leaving lines and speed up credit approvals. an electronic data trail. But in a less appealing second scenario, we could be on the verge of surrendering every detail It's even getting harder to disappear on obscure back roads thanks to GPS - the US military- about our private lives to an all-knowing Big Brother alliance of cops and mysterious private developed global positioning system whose satellite tracking can pinpoint a car's location to security corporations. They'll promise to protect us from terrorists. But along with that safety, within a few metres. A group of Stanford University academics in the US are reportedly working we'll face arbitrary and unappealable decisions on who can y in a commercial airliner, rent a on satellite navigation systems so accurate they will be able to tell authorities whether you're in truck, borrow money, or even stay out of jail. your car or standing next to it. This is revolutionary technology, and great if you get lost or have That's the conundrum at the center of No Place to Hide, a nely balanced look at the see-saw an accident or your car is stolen. But there's a chilling aspect to it all as well - namely, the loss of struggle between security and privacy. Author Robert O'Harrow Jr., a Washington Post reporter, individual privacy. deftly shows how the government and its contractors have been lurching between these two goals Two years ago, the Ofce of the Victorian Privacy Commissioner devoted an entire edition of ever since the September 11 terrorist attacks raised homeland security to the public's top priority. its newsletter, Privacy Aware, to just one subject: "Privacy and the Car". It included a brief The biggest threat and the biggest promise seem to lie not with ofcial government databases section on telematics, the term used to describe the combining of satellite GPS, in-car computers but with the private companies that sell their information to all levels of government and to and mobile phone technologies. "Telematics raises concerns because, while GPS receivers banks, airlines, credit-card companies, mortgage holders, car-rental agencies, and the like. ... cannot send data back to a central location, mobile phones can. Used together, they turn the After September 11, it was only natural that these companies would volunteer their services vehicles they're embedded in into very powerful tracking and monitoring devices," the report in tracking terrorists. They had a head start in a critical technology: data mining. In practical declared. terms, that involves cross-indexing every conceivable source of information -- unlisted telephone How much covert monitoring goes on in tandem with open surveillance, such as speed numbers, credit-card records, appliance warranty cards, insurance claims, arrest warrants, Social cameras, is anyone's guess, because that's not the sort of information governments readily Security numbers, child custody orders, book purchases, E-ZPass records -- to compile a list of disclose. Professor Roger Clarke, a Canberra consultant in data surveillance and information suspects or even possible terrorists that need to be placed on the Homeland Security Dept.'s "no privacy, regards the Hume Highway incident as an example of "function creep" - when y" list..... technology, set up for one purpose, secretly ends up serving another purpose as well. And function creep, he says, is a way in which the "surveillance society" has sneaked under the public's guard. www.theage.com.au/news/technology/how-they-keep-track-of-our-every-move/ "The social and political commentators have missed it, but what's more worrying is that 2006/02/03/1138836402623.html?page=fullpage#contentSwap2 young people have grown up with surveillance and have a different attitude to it," Clarke says. Eyes on the road "They think life's like that." February 3, 2006 - 11:19AM Governments and transport authorities insist that such surveillance systems are totally Speed cameras, red-light cameras, e-tags. Innocuous technology to make the roads safer and benign. They are about road safety, keeping people alive, and managing increasing volumes of our journey simpler ... or a series of "Little Brothers" keeping track of our every move? Nikki trafc more efciently, they say. This isn't just soothing rhetoric - with around 1600 deaths on Barrowclough looks behind the boom in trafc monitoring. Australian roads last year alone, road safety is a huge issue - but at the same time we seem to Eight years ago, on the night that a Saudi diplomat was brutally murdered in his Canberra have ceded our civil rights as motorists. apartment, a car was lmed travelling south along the Hume Highway towards the national Cameron Murphy, president of the NSW Council for Civil Liberties, does not doubt that capital. Then, a few hours later, it was lmed heading north back towards Sydney. surveillance technology is about much more than simple trafc management. The car wasn't being tailed by the Australian authorities, the Saudis or anyone else. The "spy" "Most people are aware that speed cameras and red-light cameras are obviously there for was a humble trafc camera, although this emerged only after four people were arrested and infringement purposes," Murphy says. "But we are also aware that there's an extensive network brought to trial over the diplomat's violent death. The fact that the camera had been set up to 68 69

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of cameras that can track people from one end of the city to the other, along freeways and on allowing government agencies to intervene directly between drivers, their cars and the road. And main arterial roads. authorities want to have it in place within the next decade. "You should be able to go from A to B without the government monitoring you. If the prime Whether or not they were designed for such purposes, what intelligent transport systems do is motive is trafc management alone, then you don't have to survey one end of the freeway to the identify specic vehicles - and, therefore, their drivers. other - it doesn't add up. That's when it becomes an invasion of privacy ... Recording where The term rst cropped up in Australia about 15 years ago. In 1992, an organisation called people go, what time of day they travel. If there aren't appropriate controls, the data could be Intelligent Transport Systems Australia was set up in Melbourne, and today its membership base used for commercial purposes or by any other government agency." includes government, scientic, academic and car manufacturing groups. The group's executive Given the fear of terrorism and the heightened national security alert, the potential of some of director, Brent Stafford, says he expects that all new vehicles will be equipped with satellite the new "smart road" technologies is obvious. For instance, British rm Hills Numberplates has navigation and telematics by 2010. And while he says he understands people's unease about such already devised so-called e-Plates, numberplates embedded with radio frequency identication technologies, he can't see why such systems would be used to track Australians en masse, as (RFID) tags. These tags act as tracking devices that transmit a unique, encrypted ID code via seems to be the intent in Britain. silicon chips that cannot be seen or removed. Known as a silent technology, RFID is sometimes "It's quite easy to track the movements of every vehicle, but you'd have to ask, 'What for?'" described as a sophisticated barcode because it can identify and track goods from a distance. says Stafford. "You'd also have to consider how much it would cost. ITS is the application of Hills Numberplates claims a single "reader" positioned at the roadside can identify dozens of technology to transport. It's not the application of technology to security. The fact is, there'll be vehicles tted with an e-Plate, moving at any speed, at a distance of up to 100 metres. But will lots of Little Brothers looking after you, but no Big Brother spying on you." they catch on here? VicRoads has no plans to bring in e-Plates. However, the NSW Roads & Lachlan McIntosh, chief executive of the Australian Automobile Association, shares Trafc Authority says they have certainly been up for discussion - though as yet there's no Stafford's view. "Why would you want to track everybody? And what would you do with all that decision to introduce them. data?" he asks. "But as with everything of this nature, it's a case of watch this space," a spokesman says. When Good Weekend suggests to him that, given the uncertain times we live in, such Transport authorities are also keeping an open mind about an electronic version of the surveillance options could be very attractive to government departments, he replies: "In France vehicle identication number (VIN) that comes with every car. A Department of Transport and during World War II, everyone was tracked and monitored without these technologies. Regional Services spokesperson in Canberra says that while there are no plans "at this point in I think surveillance comes and goes in society ... If there's a political will to monitor what time" for an electronic VIN, that doesn't mean it won't happen. everybody does, then it's likely to happen. Melbourne-based academic Professor Marcus Wigan, an adviser to the US Department of "In the end, there are a lot of benets in monitoring where you are: the emergency response if Transport, is also the Australian Privacy Foundation's spokesman on intelligent transport you are to have an accident, for instance ... If, as you say, this will happen, and everyone had a systems. He says e-VINs (which would transmit to a central location as cars pass specic points) monitoring device in their car that said they just had an accident, we may well save 100 or 200 are simply a more efcient way of managing the many regulatory aspects of the identity of lives a year. Okay, you may well have been going to Cronulla when you shouldn't have been, or vehicles. An e-VIN would certainly decimate the stolen car trade, but it would also obviously maybe you had an unfortunate crash and nearly died, but you were saved because of the device. increase the ability of authorities to track cars and monitor daily travel routines. There are trade-offs in those discussions, and we often forget the benets when we talk about the The expression "intelligent transport systems" (ITS) is a catch-all phrase for the in-car downside." electronics, smarter roads, satellite navigation technology, tolling systems and remote road There are also advantages in being able to keep an eye on hazardous cargo or large sums of monitoring being employed increasingly throughout the world - sometimes without limit. money, he adds. "We all want to know that if a cargo of ammonium nitrate goes missing, it can Last September, as Hurricane Rita bore down on Texas, and hundreds of thousands of be tracked and found. Is that an intrusive activity on the driver of the truck? Well, maybe it is, motorists eeing the Houston area became trapped in a 200-kilometre trafc jam in which cars but it's a security mechanism as well. Now, should you want to put surveillance on a particular were abandoned and people collapsed from heat exhaustion, ofcers from the state's highway car for some criminal activity, I imagine you would need a warrant and you would have to go to system were reportedly scanning e-tags to make sure evacuees had paid their tolls. a magistrate to obtain it. So I would think Australians would want to ensure that they are Meanwhile, London's Independent newspaper reported late last month that the United protected through our court system against the undue use of surveillance." Kingdom was about to become the rst country in the world where all motorists would be People have to be informed about the benets of the new technology, what the implications monitored by a vast network of cameras that would read the licence plates of every passing car. are and what the risks are, he adds. "As long as we have that sort of reasonably informed debate Neither the Home Ofce nor the British police denied the story, or the paper's claim that the in Australia, I think we're likely to want to adopt the latest technology." ultimate plan was to build a huge database of vehicle movements so that police and security But is there debate? Dr Peter Chen, a political scientist who lectures in communications at services could analyse the journeys of individual drivers. the National Centre for Australian Studies at Monash University, says Australians tend to be And in the US, the Washington-based Intelligent Transportation Systems Joint Program relatively passive when it comes to such matters. Ofce - a powerful, 500-strong group of car manufacturers, technology companies and "While we like to tell ourselves that we have a healthy disregard for government, it's total government interests - has reportedly spent more than $4 billion and almost 15 years developing ction. We're very accepting of increased state security and surveillance for whatever reason," a system of tracking and sensor technology that would collect data on the movements of every Chen believes. And when governments talk up safety as a way of getting more surveillance driver and public transport user. The stated aim of this system, known as the Integrated Network systems under the wire without causing public alarm, we generally accept ofcial reasoning. of Transportation Information, is to reduce the 40,000 or so annual road deaths in America by

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"That's the argument that's always used," says Chen. "No government ever says we're The bill didn't limit the type of information that could be collected and stored, Johnston says, introducing wide-scale surveillance for anything but notions of public safety, and while the and the legislation specically allowed the RTA to put the two databases (driver and non-driver) paranoid concerns of some people are somewhat overstated, systematic surveillance technologies together. She's concerned the latter will eventually happen. are very compelling tools for governments of all persuasions, and tend to inevitably lead to the However, both the RTA and a spokesman for the NSW Roads Minister, Joe Tripodi, assured expansion of their use into other areas of public policy." Good Weekend that the photocard database would be kept separate from other databases within Remote surveillance, like static cameras and portable speed cameras, is cheap, too; much the authority, and that there would be separate databases for drivers and non-drivers. In a cheaper than human surveillance. "This was a key argument in the government's support for statement, the RTA also said that databases kept on NSW motorists are not integrated, for privacy electronic tagging of terrorist suspects late last year: surveillance technologies are cheaper than reasons, and that access to one database doesn't automatically mean access to another. policing," he says. The inevitability of more privately run, cashless toll roads, and a more widespread user-pays Police in NSW recently began using high-tech scanning units that employ automatic road system means there'll be more databases and more information stored on motorists. Privacy numberplate recognition (ANPR) technology to "read" the registration of passing vehicles and laws protect access to all databases, although privacy advocates tend to be lukewarm about their check them against an RTA database, as a way of detecting stolen and unregistered vehicles. effectiveness. Victoria Police trialled the technology, too, but has opted instead for mobile data terminals linked "You get principles that sound great in theory, like, 'This information should only be used for to the main police computer system, from which police can also access the VicRoads registration the purpose for which it's collected, or with your consent', and people say, 'Oh good'," says Nigel database. Seven hundred of these terminals are now being tted to police cars, motorbikes, boats Waters of the Australian Privacy Foundation. "Then you look at the ne print where it says, and helicopters by the Victorian Department of Justice. 'Except in emergencies, for law enforcement and a whole raft of other exemptions.'" Paul Chadwick, the Victorian Privacy Commissioner, wrote about ANPR technology during But the acting Privacy Commissioner for NSW, John Dickie, argues the Privacy Act is not the trial. The systems, he pointed out, can be linked to existing surveillance camera systems, "so without teeth. "Government departments and agencies are subject to it. People can't just wander multiplying the 'eyes' of the State, and can be linked to a variety of databases, so expanding the off and get around things - [though] if there is a serious crime, all bets are off," he says. State's 'memory'". Four years ago, a former employee of Transurban, the company that operates CityLink, Meanwhile, the ordinary motorist, blithely driving across town or to a lunch in the country, admitted in court that he had passed on the credit-card details of more than 8000 CityLink should think twice about e-tags - those small, wireless electronic transponders attached to the customers to cyber thieves, who then used them for an internet spending spree. A subsequent windscreen that collect information about a car's movements and charge the owner a toll. review of Transurban's information handling practices by the Ofce of the Federal Privacy The e-tag revolution kicked off in Melbourne in 2000 with the opening of the privately Commissioner found Transurban needed to take steps to reduce the risk of further privacy operated, 22-kilometre CityLink, one of the world's rst automated, fully electronic toll roads. In breaches. The FPC won't detail what those measures involved. Sydney, both the controversial Cross City Tunnel and the recently opened Westlink M7 are also A spokesman says there were no fundamental problems and that Transurban merely needed fully automated. This means that toll-road operators, whether they're government or private to "enhance" existing systems. companies, can collect personal information such as your vehicle registration, driver's licence Meanwhile, Transurban has told Good Weekend that it takes the protection of personal number, credit card details, name and address and your pattern of travel. information seriously, and that the manner in which it manages the use and disclosure of personal And that's a concern to lawyer Anna Johnston, a former NSW deputy privacy commissioner information goes beyond obligations imposed by state and federal privacy legislation. The who's now the chair of the Australian Privacy Foundation. As she notes, drivers on these toll information it collects on its database is used only for collecting tolls and enforcing toll roads now have no choice but to identify themselves every time they use them. "I don't want to collection, isn't available to other organisations, and is only made available to police or to an indulge in conspiracy theories, or say that we have reached that 'Big Brother' point," she says, authorised government body once there's a properly authorised written request. "but there is a danger we are sleepwalking into a situation where more and more of our It's not just toll-road operators who are amassing huge amounts of data on private citizens. In information can be logged, tracked, proled and matched in ways that haven't really been what could almost be called privatised intelligence gathering, the outsourcing of trafc contemplated in the past. That may not be the intention at the time a new technology is management systems to private-sector organisations means more databases still. One such introduced - but of course with each new technology, with each new chipping-away at our organisation is Tenix, the contractor employed by Victoria Police to operate its speed cameras - privacy, it makes the next step so much easier." and which wrongly ned more than 100 motorists last July after the wrong speed limit was Johnston's foundation campaigned against a law passed in NSW last May, which allows the entered into the machine by an operator. RTA to issue photo identity cards to non-drivers over 16 years of age (VicRoads has no plans to "I guess if there's a concern about the private-sector organisations holding increasing introduce the voluntary scheme). amounts of data, it's, 'Where are they holding it, how secure is it, and what purpose are they "We weren't against the concept of a photo ID card for non-drivers - there's a need for it, putting it to?'" says Monash's Peter Chen, who believes we will soon be talking about "data clearly - but we suggested an alternative way to develop it, so that it didn't result in one database laundering" the way we now talk about money laundering. "I think it's safe to say that being held by one agency covering the entire population, whose details get printed on a card governments around the world, not just in Australia, have been lousy at regulating the movement which is both unique and universal. All that, of course, is like a national ID card, which of data about members of the public held by private-sector organisations. Australians rejected in 1987." "We have privacy laws which are relatively tight, but ... if you put a large chunk of the general surveillance system data into private hands, the company that picks up that contract will undertake that work in the most effective and efcient way for their protability. And that might

72 73

Newberg Dundee Bypass N-244 Tier 2 FEIS Appendix N: Public Comments and Responses P-41

mean warehousing and processing data offshore, outside the legal jurisdiction of Australian governments. If I were a car company, I'd be very interested in nding out about the sort of people who drive a lot, who they are, what are their characteristics. If that information was held in a country with poor data security legal provisions, then data could be sold, resold or 'stolen'. That's not a conspiracy theory view. It happens all the time. Large amounts of data get 'lost' in transit every year around the world." Marcus Wigan points out that no one "owns" the information stored about them - so there's very little redress for consumers if their data is misused. "There's no such thing as intellectual property when it comes to information about you," he says. Nevertheless, he cautions against paranoia over intelligent transport systems, even though he has his own concerns about the data building up as a result of new technologies. "The rules we have to manage that information are reasonably good, but not so good as to handle a situation of future cross-linkages between all those databases," he says. "So if we have [someone's] entire historical records on a range of individual databases, and at some point, for administrative convenience, a link is drawn between them, then the result is a complete history of locations, times, events of many different kinds that suddenly becomes available as a single resource. That's a quantum leap. "Your vehicle will have had its numberplate [photographed] various times, your e-tag will have been caught - you only have to have one identication token transferred between two or more agencies for an amazing degree of record linkage with other sources of information about you and your activities over a considerable period. "The ability to manage this is improving incredibly quickly. Once this is achieved and it's a few years away yet - we suddenly get a retrospective loss of privacy of an enormous order [and] ITS systems become surveillance systems. "I'm not saying they'll be used in that way," Wigan adds. "I'm saying the potential for that to occur ... would then become a low-cost, low-effort issue. We need to use the time until all this is in place to educate and earn the trust of the community to secure the very real benets of intelligent transport systems." Published in the Good Weekend on January 28, 2006

Newberg Dundee Bypass N-245 Tier 2 FEIS Appendix N: Public Comments and Responses P-42

Tier 2 DEIS Comment and Responses

Submittal: P-42

Type: Comment Form

Name: Johanna Shelton

Title: Citizen

Business/Afﬁ liation:

Address: 1010 S. Paciﬁ c Street Newberg, OR 97132

Response to Comment:

ODOT appreciates Ms. Shelton’s input on the proposed Newberg Dundee Bypass project. ODOT’s recommended design option in Segment 5 is 5.2D. ODOT selected this option for the following reasons.

Design Options 5.1C.2 and 5.1D.2 would each remove 56 residences, while Design Option 5.2D would remove 48 residences.

Design Options 5.1C.2 and 5.1D.2 would displace residential units on both sides of 11th Street between Columbia Street and Wynooski Road and would close 11th Street.

Newberg Dundee Bypass N-246 Tier 2 FEIS Appendix N: Public Comments and Responses P-42

Design Option 5.2D would displace residential units only on the south side of 11th Street and keep 11th Street open to trafﬁ c.

In addition, the Design Option 5.2D alignment impacts more of the SP Newsprint property, reducing residential and neighborhood impacts. With this design option, some displacement of SP Newsprint structures and facilities could occur; however, these could be relocated elsewhere on SP Newsprint property.

ODOT does not anticipate a reduction in property values resulting from the Bypass project.

Newberg Dundee Bypass N-247 Tier 2 FEIS Appendix N: Public Comments and Responses P-43

Tier 2 DEIS Comment and Responses

Submittal: P-43

Type: Individual Testimony

Name: Vicki Shepherd

Title: Citizen

Business/Afﬁ liation:

Address: 30230 NE Benjamin Road Newberg, OR 97132

Response to Comment:

ODOT appreciates Ms. Shepherd’s input on the Newberg Dundee Bypass project. ODOT worked to avoid and minimize displacements of wetlands within the Preferred Alternative. Actions included modifying and/or shifting the Bypass to avoid wetland areas, minimizing the number of stream crossings and using full-span bridges for most stream crossings. For the Preferred Alternative, all but nine stream crossings, out of a total of thirty-nine, will be full-span bridges. Any remaining wetland impacts will be mitigated. Final mitigation will include repairing, restoring, or enhancing wetlands to the extent practicable, and creating new wetland areas. Additional information on wetland mitigation can be found in section 3.13.5 Mitigation of the Wetlands section of Chapter 3 of this Tier 2 FEIS.

Newberg Dundee Bypass N-248 Tier 2 FEIS Appendix N: Public Comments and Responses P-44

Tier 2 DEIS Comment and Responses

Submittal: P-44

Type: Individual Testimony

Name: Susan Sokol-Blosser

Title:

Business/Afﬁ liation:

Address: PO Box 546 Dundee, 97115

Response to Comment:

ODOT appreciates Ms. Sokol-Blosser’s support. Construction is planned for 2014.

Newberg Dundee Bypass N-249 Tier 2 FEIS Appendix N: Public Comments and Responses P-44

Newberg Dundee Bypass N-250 Tier 2 FEIS Appendix N: Public Comments and Responses P-45

Tier 2 DEIS Comment and Responses

Submittal: P-45

Type: Individual Testimony

Name: Robert Soppe

Title: Citizen

Business/Afﬁ liation:

Address: 703 E. Sheridan St. Newberg OR 97132

Response to Comment:

ODOT appreciates Mr. Soppe’s input on the Newberg Dundee Bypass project. ODOT’s preferred alternative is design option 7.5C, which does move the Bypass closer to the golf course, and allows both Providence Health System and Chehalem Parks and Recreation District to complete their master plans.

ODOT’s preferred design option in Segment 5 is 5.2D. ODOT identiﬁ ed this option because Design Options 5.1C.2 and 5.1D.2 would each remove 56 residences, while Design Option 5.2D would remove 48 residences. Design Options 5.1C.2 and 5.1D.2 would displace residential units on both sides of 11th Street between Columbia Street and Wynooski Street and would close 11th Street. Design Option 5.2D would displace residential units only on the

Newberg Dundee Bypass N-251 Tier 2 FEIS Appendix N: Public Comments and Responses south side of 11th Street and keep 11th Street open to trafﬁ c. In addition, the Design Option 5.2D alignment impacts more of the SP Newsprint property, reducing residential and neighborhood impacts. With Design Option 5.1C.2, some displacement of SP Newsprint structures and facilities could occur; however, these could be relocated elsewhere on SP Newsprint property.

Newberg Dundee Bypass N-252 Tier 2 FEIS Appendix N: Public Comments and Responses P-46

July 19, 2010

Tim Potter, P.E., Area 3 Manager, Region 2 Oregon Department of Transportation Tier 2 DEIS Comment and Responses Mid-Willamette Valley Area 885 Airport Road SE, Bldg P Salem, OR 97301-4788 Submittal: P-46 Dear Mr. Potter:

This responds to your request for comments regarding the Tier 2 Draft Environmental Type: Letter Impact Statement (DEIS) for the proposed Newberg Dundee Bypass (proposed project). The following constitutes my personal views as a Dundee resident and do not necessarily reflect those of the city. Name: Don Sundeen

I have long term had questions about the overall project costs ($753-880 million) Title: Citizen and where overall funding sources will come from, if ever. I understand the desire to start construction on some part or “phase” of the project when some funding, but not all, is available. However, if the first “phase” is constructed through Dundee and additional Business/Afﬁ liation: funds cannot be obtained, the “phase” by default becomes “the project”. This could result in irreparable damage to the city without adequately solving the traffic congestion problem. As such, the original purpose and need of the bypass project will not be met. Address: No address provided.

I urge ODOT and FHWA to consult with the city as this project moves forward. Traffic congestion relief on 99W through Dundee is of critical importance, but, it must be accomplished without causing long term damage to the city. Response to Comment:

Thank you for the opportunity to comment. Funding for large transportation projects come from a variety of sources.

Sincerely, Currently, the Jobs and Transportation Act (2009) has allotted $192 million to the Newberg Dundee Bypass project.

Don Sundeen ODOT will continue to work with the City of Dundee to help best meet the

city’s transportation needs.

Newberg Dundee Bypass N-253 Tier 2 FEIS Appendix N: Public Comments and Responses Racheal Jones P-47 From: POTTER James T * Tim [[email protected]] Sent: Tuesday, June 15, 2010 8:59 AM To: Donna Robinson; William Ciz; Emily Moshofsky Cc: AMADOR Kelly L; THOMPSON Rodney * Rod Subject: FW: Comments on Newberg dundee bypass tier 2 draft Environmental Impact Statement

222220'%', *#11 %#22222 /0-+/ 4# ,"I-0@'," 2#, *#W+ '*2-/@2#, *#^4#0'8-,0,#2X Tier 2 DEIS Comment and Responses #,2/-," 7-:3,#- / -/: +#1_'+ 3 (#!2/3-++#,21-,;#5 #0%"3,"## 7. 112'#0"0 $2,4'0-,+#,2 *'+. !22 2#+#,2 )#*'4#,# 01#%+#,2-$2&# 7. 11-,2&120##2030.0#$#0#,!#$-0 Submittal: P-47 "#1'%,-.2'-,1'1',-0"#0/0030S$3**7"#.0#11#"T0 "'12 ,2 1#!-,".* !#'100*# 4',%2&120##2-.#,0@ 12.* !#'1000 # 1-,$-02&'1-0"#0'12& 22-3,"0#"3!',%-.2'-,'12-..0'-0'27#4#,-4#0)##.',%2&# Type: Email 120##2-.#,0 ,-2�!-,!#0,2& 2'"-,\21## ""0#11#"'12& 2-,2&#!-0,#0-$2&#',2#01#!2'-,-$ Name: Dave and Linda Venable '4#02 ,"2&20##2'1 &3%#- # 32'$3*3#" 0-0#"5--"20##0<-35'**),-55&'!&-,# 5&#,7-31##'20'2'1',2&# &-31#\1$0-,27 0"0'5-3*"*')#2-1##2& 220##.0#1#04#",-+ 22#0 Title: Citizens 5&'!&-.2'-,'12 )#,0 '5'** #-32-$2-5,-,2&#" 2#-$2&#&# 0',%1-.*# 1#!-,1'"#02&'10& ,)10 Business/Afﬁ liation: 4# ,"@'," 2#, *# Address: [email protected]

Response to Comment:

ODOT appreciates Mr. and Mrs. Venable’s input on the Newberg Dundee Bypass project ODOT’s preferred design option in Segment 5 is 5.2D. ODOT identiﬁ ed this option for the following reasons.

Design Options 5.1C.2 and 5.1D.2 would each remove 56 residences, while Design Option 5.2D would remove 48 residences.

Design Options 5.1C.2 and 5.1D.2 would displace residential units on both sides of 11th Street between Columbia Street and Wynooski Road and would close 11th Street.

Design Option 5.2D would displace residential units only on the south side of 11th Street and keep 11th Street open to trafﬁ c.

Newberg Dundee Bypass N-254 Tier 2 FEIS Appendix N: Public Comments and Responses In addition, the Design Option 5.2D alignment impacts more of the SP Newsprint property, reducing residential and neighborhood impacts. With this design option, some displacement of SP Newsprint structures and facilities could occur; however, these could be relocated elsewhere on SP Newsprint property.

Unfortunately, the tree mentioned appears to be under the current alignment of the Preferred Alternative.

Newberg Dundee Bypass N-255 Tier 2 FEIS Appendix N: Public Comments and Responses P-48 Racheal Jones

From: POTTER James T * Tim [[email protected]] Sent: Thursday, July 01, 2010 8:42 AM To: Donna Robinson; William Ciz; Emily Moshofsky Cc: THOMPSON Rodney * Rod; AMADOR Kelly L Subject: FW: Newberg-Dundee Bypass

FYI Tier 2 DEIS Comment and Responses

,= 9>?! ? !! @&% &'() * 89: 531- Submittal: P-48 Tim:

My name is Curtis Walker. I live at 29750 NE Benjamin Rd. in Newberg. I have lived in Newberg for over 25 Type: Email years.

I prefer the Build Alternative recommended by ODOT for the Newberg-Dundee Bypass. The Bypass will be Name: Curtis Walker beneficial to the livability and safety of Newberg and Dundee.

As a business owner in Newberg, I have heard numerous times of businesses wishing to expand or locate in Yamhill County but they are concerned with transportation. (Economic growth is essential to Yamhill County Title: Citizen and this Bypass is critical to that growth.)

From Portland, traveling west, there are several of the top tourist attractions in the state. They will all benefit Business/Afﬁ liation: from the Bypass. The Oregon Coast, Spirit Mountain and Chinook Winds Casinos, The Evergreen Aviation Museum, and a future water park are all attractions that are affected in moving traffic from Portland to the Oregon Coast. This Bypass will significantly improve the traffic congestion. Address: 901 N Brutscher St., Ste. 201

Thank You. Newberg, OR 97132

901 N Brutscher St., Ste 201 Newberg, Or. 97132 Response to Comment: Ph: 503-538-0404 Fax 503-538-5039 ODOT appreciates Mr. Walker’s support for the Newberg Dundee Bypass

project.

Newberg Dundee Bypass N-256 Tier 2 FEIS Appendix N: Public Comments and Responses Racheal Jones P-49 From: POTTER James T * Tim [[email protected]] Sent: Wednesday, June 30, 2010 2:28 PM To: William Ciz; Donna Robinson; Emily Moshofsky Cc: AMADOR Kelly L; THOMPSON Rodney * Rod Subject: FW: Tier 2 DEIS feedback

FYI

%55 A = Tier 2 DEIS Comment and Responses !! &% &'() * 1(2/:=

My family lives at Segment 7 within a few blocks of the proposed road near Ferwood and Brutscher. We oppose the location of this proposed stretch as it imposes upon a well established quiet Submittal: P-49 residential neighborhood. We are concerned that this stretch basically plows into our neighborhood decreasing home values, increasing road noise, and adds alot of traffic and congestion to a quiet residential neighborhood known for safety for kids playing in this area. We strongly oppose the Type: Email location of the Segment 7 and ask you to reconsider this interchange to involve less residential neighborhoods.

Sincerely, Name: Maggie Yu

Maggie Yu Title: Citizen

Business/Afﬁ liation:

Address: [email protected]

Response to Comment: ODOT appreciates Ms. Yu’s comments concerning the impacts of the proposed project on the Fernwood/Brutscher neighborhood in Segment 7. ODOT has worked to locate the Bypass to avoid as many impacts as possible. ODOT does not anticipate a reduction in property values resulting from the Bypass project. Residences near Fernwood Road and Brutscher Street are not noise impacted by the Bypass. See section 3.10 Noise and Vibration in Chapter 3 of the Tier 2 FEIS for additional details. Unfortunately, the project will have noise impacts in some neighborhoods. ODOT will mitigate remaining impacts from the project where the impact meets the mitigation criteria. Some additional trafﬁ c is expected on both Fernwood Road and Brutscher Street. However, the signalized intersection at Brutscher and Fernwood would require improvements in the future whether or not the Preferred Alternative was constructed.

Newberg Dundee Bypass N-257 Tier 2 FEIS Appendix N: Public Comments and Responses Phase 1 of the Preferred Alternative Open House Response to Comments Ph 1-01

Phase 1 of the Preferred Alternative Comment and Responses

Submittal: Ph 1-01 Newberg

Type: Comment Form

Name: Brian Francis

Title: Citizen

Business/Afﬁ liation: 99W Drive-In Theater

Address: 3102 Portland Road Newberg, Oregon 97132

Response to Comment:

Thank you for your comment expressing your concern about the adverse light effects that the proposed roadway improvements along Springbrook Road could have on your business, the 99W Drive-In Theater.

ODOT has not determined the type and location of street lighting that will be required by Phase 1 of the Preferred Alternative. However, recognizing the potential adverse effects that new street lights along Springbrook Road could have to the historic 99W Drive-in Theater, ODOT has deﬁ ned the project to include future activities that will further analyze, develop and implement reasonable measures to minimize potential lighting impacts to the theater. In

Newberg Dundee Bypass N-259 Tier 2 FEIS Appendix N: Public Comments and Responses particular, ODOT will conduct a street lighting survey, which will be conducted in consultation with the theater owner and the Oregon SHPO. The study will result in the preparation of a street lighting plan. If lighting levels resulting from installation of street lighting systems typically used for roadways of the type proposed along Springbrook Road would noticeably increase light levels within the outdoor theater during typical movie viewing, then ODOT will consider types of street lights that would avoid or minimize those increased light levels. Given the limited increase in lighting effects to the outdoor theater due to the proposed project, it is highly likely that a lighting plan can be developed that will acceptably avoid or minimize street light impacts to the theater. For additional detail on the proposed activities, see the pages 3 and 4 of the Section 106 Level of Effect Form for the 99W Drive-In Theater in Appendix Q.

Newberg Dundee Bypass N-260 Tier 2 FEIS Appendix N: Public Comments and Responses Ph 1-02

Tier 2 DEIS Comment and Responses

Submittal: Ph 1-02

Type: Comment Form

Name: Anonymous

Title: Citizen

Business/Afﬁ liation: N/A

Address: N/A

Response to Comment:

Thank you for your comment suggesting that Springbrook Road be widened to four lanes under Phase 1 and that the Springbrook Road and Oregon 99W intersection include both two westbound to southbound left turn lanes and two through lanes on Oregon 99W.

ODOT’s analysis of trafﬁ c conditions in 2016, opening year for Phase 1, indicates that a three-lane cross section (one through lane in each direction and one shared center left-turn lane) provides adequate capacity on Springbrook Road, when coupled with intersection improvements on Springbrook Road at Oregon 99W, 2nd Street/E Fernwood Road and Oregon 219. These intersections would all operate as good as or better under Phase 1 than they would under No Build Conditions. See Section 3.1 of the FEIS for additional detail. Further, the proposed intersection design at Springbrook Road at Oregon 99W will include two left turns onto Springbrook Road southbound and two through lanes on Oregon 99W in both directions.

Newberg Dundee Bypass N-261 Tier 2 FEIS Appendix N: Public Comments and Responses Ph 1-03

Phase 1 of the Preferred Alternative Comment and Responses

Submittal: Ph 1-03

Type: Comment Form

Name: Anonymous

Title: Citizen

Business/Afﬁ liation: N/A

Address: N/A

Response to Comment:

Thank you for your comments concerning the planned land use at the south end of Industrial Parkway, the suggestion to add a southbound to eastbound left-turn lane at Oregon 219 and 2nd Street and the suggestion to consider artistic treatments for the Phase 1 overpass just south of Dundee.

ODOT does not have authority over water quality treatment facilities planned by local jurisdictions. ODOT did consider various improvements to the intersection of Oregon 219 and 2nd Street to address potential adverse trafﬁ c impacts under Phase 1. The proposed change to the intersection, making it “right-in-right-out,” was the most cost effective and least impactful of the intersection designs considered. The proposed intersection design, coupled with the other roadway and intersection improvements on Oregon 219, Springbrook Road and Oregon 99W, will allow all intersections in the area to

Newberg Dundee Bypass N-262 Tier 2 FEIS Appendix N: Public Comments and Responses operate as good as or better under Phase 1 than they would under the No Build Alternative in 2016 or to continue to meet their applicable performance standard. See Section 3.1 of this FEIS for additional detail. Architectural treatments of structures, like the interim overpass of Oregon 99W south of Dundee, will be considered by ODOT during the project’s design phase.

Newberg Dundee Bypass N-263 Tier 2 FEIS Appendix N: Public Comments and Responses Ph 1-04

Phase 1 of the Preferred Alternative Comment and Responses

Submittal: Ph 1-04

Type: Comment Form

Name: Anonymous

Title: Citizen

Business/Afﬁ liation: N/A

Address: N/A

Response to Comment:

Thank you for your comments concerning the proposed Phase 1 improvements south of Dundee.

The interim overpass of the Bypass across the WPRR and Oregon 99W will need to be removed to allow for the completion of the Bypass south to Oregon 18 at Dayton. The potential to use any components of the interim overpass will be considered by ODOT and the City of Dundee during the design phase for the southern extension of the Bypass. Architectural treatments of structures, like the interim overpass of Oregon 99W south of Dundee, and landscaping design details will be determined by ODOT during the project’s design phase. The project’s analysis of trafﬁ c conditions in 2016 with the Phase 1 improvements concludes that additional widening of Oregon 99W south of Dundee is not needed, other than the widening that

Newberg Dundee Bypass N-264 Tier 2 FEIS Appendix N: Public Comments and Responses will occur at the new interim intersection of the Phase 1 Bypass and Oregon 99W. Trafﬁ c volumes on Oregon 99W south of that new intersection would be similar in 2016 under the No Build Alternative and Phase 1 of the Preferred Alternative. See Section 3.1 of the FEIS for additional detail. Bicyclists will be allowed to ride on the shoulders of the Phase 1 Bypass.

Newberg Dundee Bypass N-265 Tier 2 FEIS Appendix N: Public Comments and Responses Ph 1-05

Phase 1 of the Preferred Alternative Comment and Responses

Submittal: Ph 1-05

Type: Comment Form

Name: Forrest Byerly

Title: Citizen

Business/Afﬁ liation: N/A

Address: byerly1229at AOL.com

Response to Comment:

Thank you for your comments concerning the proposed Phase 1 improvements south of Dundee.

The project’s analysis of trafﬁ c conditions in 2016 with the Phase 1 improvements concludes that additional widening of Oregon 99W south of Dundee is not needed, other than the widening that will occur at the new interim intersection of the Phase 1 Bypass and Oregon 99W. Trafﬁ c volumes on Oregon 99W south of that new intersection would be similar in 2016 under the No Build Alternative and Phase 1 of the Preferred Alternative. See Section 3.1 of the FEIS for additional detail.

Newberg Dundee Bypass N-266 Tier 2 FEIS Appendix N: Public Comments and Responses Ph 1-06

Phase 1 of the Preferred Alternative Comment and Responses

Submittal: Ph 1-06

Type: Comment Form

Name: Anonymous

Title: Citizen

Business/Afﬁ liation: N/A

Address: N/A

Response to Comment:

Thank you for your comment concerning the location of the interim Phase 1 Bypass connection to Oregon 99W south of Dundee.

ODOT considered connections of the Phase 1 Bypass connections to Oregon 99W that would be located in the vicinity of Fulquartz Landing Road. Those connections were removed from consideration for various reasons documented in the Newberg Dundee Bypass Phase 1 South OR-99W Connection Report. In summary, the design of a connection at that location could not be signalized, as ODOT has a safety-based policy of not constructing new signalized intersections on rural highways. Designed as an interchange, that connection would require substantially more land identiﬁ ed for exclusive farm use than the options closer to Dundee and the

Newberg Dundee Bypass N-267 Tier 2 FEIS Appendix N: Public Comments and Responses design would have required the removal of one or more historic resources on the east side of Oregon 99W south of Fulquartz Landing Road. The City of Dundee has no plans to expand their UGB south of Niederberger Road. The Phase 1 overpass south of Dundee will be interim – it will be removed when the Bypass is extended south to Oregon 18 at Dayton.

Newberg Dundee Bypass N-268 Tier 2 FEIS Appendix N: Public Comments and Responses Ph 1-07

Phase 1 of the Preferred Alternative Comment and Responses

Submittal: Ph 1-07

Type: Comment Form

Name: Anonymous

Title: Citizen

Business/Afﬁ liation: N/A

Address: N/A

Response to Comment:

Thank you for your comment concerning the location of the interim Phase 1 Bypass connection to Oregon 99W south of Dundee.

Newberg Dundee Bypass N-269 Tier 2 FEIS Appendix N: Public Comments and Responses the east side of Oregon 99W south of Fulquartz Landing Road. The City of Dundee has no plans to expand their UGB south of Niederberger Road. The Phase 1 overpass south of Dundee will be interim – it will be removed when the Bypass is extended south to Oregon 18 at Dayton.

Newberg Dundee Bypass N-270 Tier 2 FEIS Appendix N: Public Comments and Responses Ph 1-08

Phase 1 of the Preferred Alternative Comment and Responses

Submittal: Ph 1-08

Type: Comment Form

Name: Anonymous

Title: Citizen

Business/Afﬁ liation: N/A

Address: N/A

Response to Comment: Thank you for your comment concerning the location of the interim Phase 1 Bypass connection to Oregon 99W south of Dundee. ODOT considered connections of the Phase 1 Bypass connections to Oregon 99W that would be located in the vicinity of Fulquartz Landing Road. Those connections were removed from consideration for various reasons documented in the Newberg Dundee Bypass Phase 1 South OR-99W Connection Report. In summary, the design of a connection at that location could not be signalized, as ODOT has a safety-based policy of not constructing new signalized intersections on rural highways. Designed as an interchange, that connection would require substantially more land identiﬁ ed for exclusive farm use than the options closer to Dundee and the design would have required the removal of one or more historic resources on the east side of Oregon 99W south of Fulquartz Landing Road.

Newberg Dundee Bypass N-271 Tier 2 FEIS Appendix N: Public Comments and Responses Ph 1-09

Phase 1 of the Preferred Alternative Comment and Responses

Submittal: Ph 1-09

Type: Comment Form

Name: Anonymous

Title: Citizen

Business/Afﬁ liation: N/A

Address: N/A

Response to Comment:

Thank you for your comment concerning conﬁ guration of the interim Phase 1 Bypass connection to Oregon 99W south of Dundee.

ODOT considered various designs for the interim Phase 1 Bypass connection to Oregon 99W south of Dundee. The proposed design would allow for free-ﬂ ow movements from the Bypass to Oregon 99W southbound. Free ﬂ ow movement from Oregon 99W northbound to the Bypass was not feasible because of the need to cross over the WPRR. That additional overpass would have substantially increased costs and adverse impacts for an interim structure. Further, the intersection with the left turn movement from northbound Oregon 99W to the Bypass would meet ODOT’s design standards in 2016. See Section 3.1 of this FEIS for additional detail.

Newberg Dundee Bypass N-272 Tier 2 FEIS Appendix N: Public Comments and Responses