This toll road debate is starting to feel like Clue—who's going to kill the project? Was it Colonel Magness, in the media, with cold, hard facts?
Col. Thomas Magness wrote a little letter the Transportation Corridor Agencies didn't like. The letter disclosed that the TCA's preferred, certified alignment for their Foothill-South (241) toll road extension was not in fact the Least Environmentally Damaging Practicable Alternative (LEDPA). In layman's terms, LEDPA means "that which is least idiotic." In legal terms, it means "the only option you can legally choose."
Magness felt obliged to clarify certain "misrepresentations", such as the TCA's suggestion that everyone involved had agreed that their Green Alignment was just super. In fact, Magness's agency—the Army Corps of Engineers (COE)—is solely responsible for determining the LEDPA and they haven't made a final decision yet. Naturally, this created a flurry of media attention. Why? Who cares about this issue besides me? Well, it turns out California law requires the 241 extension be built using the route that will cause less environmental devastation than all others, as determined by the COE and ONLY the COE, as Col. Magness asserts.
So what business had the TCA in certifying their so-called "Green Alignment", running through San Onofre State Beach, the Donna O'Neill Land Conservancy and the Acjachemen sacred site of Panhe? None whatsoever, it would seem, if the road was not the final choice of the COE.
Col. Magness has a response to recent comments in the media discussing his letter, possible motives for its composition, and the meaning of certain statements. It is available on the COE Los Angeles website, but I leave you with a salient excerpt.
As part of the collaborative of federal, state and local agencies, the U.S. Army Corps of Engineers did identify a preliminary LEDPA in 2005 based on information available to us at the time. My intent in the letter, as a neutral arbiter in the environmental review, was to make clear that our process has not run its course. There has been no final, formal decision on any of the remaining practicable alternatives. More analysis, public review and comment are needed and are ongoing.
See the full letter below.
NR08-06 - Statement by district commander on south Orange County toll road
Written by Greg Fuderer
Friday, 18 April 2008
Release 08-06
US Army Corps Of Engineers
April 18, 2008 Immediate
Greg Fuderer
Telephone: (213) 452-3923
Email: PublicAffairs.SPL@usace.army.mil
Statement by district commander on south Orange County toll road project
I truly appreciate the interest and discussion in the media, in the pubic and among various government agencies and private interest groups regarding a letter I wrote. I believe debate over an important topic is a great way to ensure as many viable options are considered and a way to help make sure all parties have the opportunity to present their view of an issue. The U.S. Army Corps of Engineers is dedicated to serving the public interest and to fulfilling our role in environmental stewardship.
Regarding the proposed toll road in south Orange County, the Los Angeles District’s role is to serve as an impartial agency to determine which of many proposed methods meets the project’s goals while simultaneously causing the least impact on the aquatic resources, including wetlands, as well as the surrounding environment.
That process is rarely simple and requires extensive research over many years to develop alternatives that attempt to meet both those goals. In the end, though, only one agency has the authority to determine which alternative is the Least Environmentally Damaging Practicable Alternative (LEDPA) – the Corps. That is because the LEDPA determination is specific to the Corps' Clean Water Act Section 404 Permit Program. Since the location of the proposed road falls within the jurisdiction of the Corps’ Los Angeles District, I, as its commander, am responsible to make that decision.
As part of the collaborative of federal, state and local agencies, the U.S. Army Corps of Engineers did identify a preliminary LEDPA in 2005 based on information available to us at the time. My intent in the letter, as a neutral arbiter in the environmental review, was to make clear that our process has not run its course. There has been no final, formal decision on any of the remaining practicable alternatives. More analysis, public review and comment are needed and are ongoing.
All parties involved in the decision process understand a great deal is at stake: for commuters, for the economy, for the environment and for recreation. The U.S. Army Corps of Engineers is committed to a comprehensive and unbiased review of all information and points of view during the environmental review process. The citizens of California have my pledge that the decision I make will be based on the best science available and a determination to rule in the public interest. When the Final Environmental Impact Statement is complete, we look forward to presenting it to the public for comment, and will stand proudly behind our actions when we do.
Col. Thomas H. Magness, IV
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April 23, 2008 20:42
I've long been amused by the TCA's cleverness in naming their preferred alternative "The Green Alternative." The only thing "green" about that choice is that it will save them a bunch of green(backs).
April 23, 2008 22:23
To get what TCA is all about you have to get the Republican Central Committee of Orange County. Sorry, but this really is fundamentally about politics. Because politics is power, ego, options-- the stuff of basic human need. You got it: base carnal desire.
OC politicians just have to show they're smarter, stronger, and a breed apart from the lower California species. Worthy to mate with Real Housewives of Orange County. Their spawn will be the next generation of Surfin' Spicolis and will challenge the Chinese for world entrepreneurial supremacy. Oh, yeah, we're gonna beat 'em with Orange County real estate-- except in two years the Chinese will be the only ones who can afford to buy in Shady Canyon. And they won't want it except as a passing investment.
But I digress. I'm not up on CA political history. I don't know who decided when this was the way to go in OC. It might have been in the 60s when aerospace ruled our economy and the "military industrial complex," of which outgoing President Eisenhower warned us, held all the political aces. Or it might have been with the Reagan backlash to the imbecilic Jimmy Carter, when the "great communicator" had Milton Friedman to do his thinking for him. God knows, Republican tools need touch stones.
But seizing the moment, what passes for OC intellect promoted Toll Roads as the future of privately owned transportation (and private ownership is verrrry important to neo-conservative thinking).
At that instant The Toll Roads became a political icon-- to be held as unassailable by OC's GOP Central Committee. To question the Toll Roads is to question the pseudo-Libertarian myths on which county power depends.
Fact: TCA has 50% of the super highway miles in South OC, but fewer than 20% of OC motorists use them on a daily basis. If that isn't "elitist" it's clearly of benefit to a small minority.
Safe to say, As a transportation solution the Toll Roads are a failure and embarrassment. And we should ask: Why should the Majority of OC motorists contribute tax money to support the transportation options of a wealthy minority? We should ask... but the answers will be spun by the current Flack Mistress for TCA whose talking points are the emesis of a dying bureaucracy.
With that question we break through to what is perhaps the heart of the issue: Class. OC has promoted itself as the last county of America's westward expansion. Its figurehead stands guard at John Wayne airport embodied in the 150% scale statue of the Duke himself, promising reward for the rugged individual, shame for slovenly weaklings destined for survival only in "the East." Here we make no bones about the pursuit of profit and victory at any cost. You fail only if you loose money. You're wrong only if you get caught. Ethics are irrelevant. Image is everything. Need a political band-aid to bolster your public image? Schwarzenegger will Lear-jet down to proclaim your development a "State Natural Preserve," and maybe that will shore up real estate values on adjacent acres. Never mind that the show is patently phony-- OC residents will lap it up as they have since the 60s.
I repeat: This is a democracy. We get the government we deserve.
April 24, 2008 01:11
I'm sorry, Gila, you totally lost me when you used the word "cleverness" immediately after "TCA". The Benny Hill music started playing in my head and I got distracted by an enormous chunk of sarcasm stuck in my eye.
April 24, 2008 06:44
I looked up at www.wikipedia.org the U.S. Army Corps of Engineers, and the abbreviation they use is USACE--not COE.
Besides, "COE" happens to be the last name of a racist, anti-immigrant bitch, whose first name is Barbara, and we wouldn't want to associate the nice folks at USACE with her. ;-)
April 24, 2008 10:54
Oh yeah? Well, I looked up Jacques Mormon on wikipedia ... and found NOTHING! So there. And are we still using http:// and .org?
Seriously though - who wants to type USACE over and over again? It sounds like a budget Italian fashion label. Not to mention that this way I might steal some of the countless stream of readers scouring the web for Gustavo Arellano's coverage of Coe, her minions, and her nemeses.
April 24, 2008 12:49
Now, now, temper, temper Alex!
It was all meant as both an FYI and in good fun.
Yes, you do use "http://" & ".org", and anything else that strikes your fancy.
Quite frankly, even a budget, Italian label (e.g., "USACE") is a hell of alot classier than a racist, paranoid, anti-immigrant bitch.
Although actually, I just realized I shouldn't call Barbara "COE" a bitch, because it's an insult to all the female dogs of the world--past, present and future. ;-)
Finally, as to why you did not find Jacques Mormon at www.wikipedia.org, it's because.....(uhm) you don't know Jacques! ;-)
April 24, 2008 20:40
Mr. Mormon:
It's always in good fun.
In actual writings I've seen, the Corps refers to itself not acronymically at all but just as the Corps.
Proudest moment of my reporting career? When the Corps praised one of my columns as "efficient."
April 25, 2008 08:22
And you should rightly so be proud of yourself.
Concerning the descriptive "The Corps": Gee, and all along I thought the "The Corps" was referring to all the reporters/writers at OC Weekly! ;-)