Criticism Cites Violation of Federal Rules as Reason why to Halt Building of Progress 4A I-93 Growth That Will Dismantle Historical Rail Hall, Growing Protection Hazards for Folk
CONCORD, N.H., Aug. 26, 2024 /PRNewswire/ — The Committee to Save the Derry Rail Path Tunnel and Rails to Trails Conservancy introduced these days that they have got filed a grievance in america District Court docket in Brotherly love, Unutilized Hampshire, in search of to halt building of Segment 2 of the Progress 4A I-93 growth in Derry.
The grievance alleges that the Unutilized Hampshire Section of Transportation (NHDOT) and the Federal Freeway Management’s (FHWA) Unutilized Hampshire Section didn’t agree to federal legislation protective the Manchester & Lawrence Railroad Historical District and the Derry Rail Path. The grievance facilities on a design trade, proposed through NHDOT and licensed through FHWA in 2024, that eliminates a up to now deliberate tunnel slated to offer protection to the ancient right-of-way from a six-lane walk street, changing it with a steep, at-grade crosswalk and a circuitous, steeply sloped direction that abandons the ancient railroad hall.
“The actions of NHDOT and FHWA are in direct violation of federal law, and they make little sense. The new design completely obliterates the historic rail corridor within the project area, leaving nothing that resembles any feel of being where trains previously ran. The Derry Rail Trail Tunnel has been completely jettisoned, even though it is the most common-sense approach and would keep many thousands of anticipated users safe while preserving the integrity of the historic corridor,” mentioned Alex Vogt, a retired NHDOT Engineer.
NHDOT firstly proposed together with an underpass within the Challenge to permit for the deliberate growth of the Derry Rail Path in the course of the Manchester & Lawrence Railroad Historical District. This determination prioritized minimizing hurt to the ancient railroad hall through offering a tunnel for the Derry Rail Path alongside the hall’s untouched alignment. This design additionally would have equipped vital protection advantages to the various 1000’s of family who’re anticipated to utility the Derry Rail Path. NHDOT’s documentation supporting the untouched design, licensed in 2020 (2020 FEIS, Bankruptcy 7, web page 7-18), said that the Challenge “would be further enhanced by the construction of a suitably designed underpass that is complementary to the historic railroad corridor. With incorporation of these measures, the Project would preserve and enhance the historic features and values of the rail corridor, resulting in a net benefit use.”
Regardless of those advantages, an alternative “spaghetti loop” design, which unnecessarily harms a ancient department of the railroad hall in violation of federal legislation, used to be presented in 2022 and licensed in 2024. Just one folk assembly used to be held to check the trade design, the place folk opposition used to be intensive, partially on account of the protection considerations it introduces to the population. The trade design comprises steep grades of just about 5%, genius curves and an at-grade crosswalk on the unused six-lane Folsom Highway. This design creates useless hazards for the various 1000’s of bicyclists and pedestrians anticipated to utility the path and the family touring in 40,000 automobiles projected to utility the street day by day. Additional, the pedestrian-walk section of the crossing sign deliberate for those six lanes is unprotected from turning automobiles and does now not handover enough pace for used people and family with disabilities to move.
“The design that NHDOT has approved brings layers of negative impact to the community. It dismantles a historic railroad corridor and introduces significant safety threats. Many thousands of people are expected to use this corridor every week—whether they’re walking, biking or using ADA-compliant mobility devices. Their safety was never considered, which is tragic and unacceptable,” mentioned Committee and RTC member Dave Topham, who has advocated for transportation, bicyclist and pedestrian protection in Unutilized Hampshire for many years.
The go well with alleges that, through approving this unused design means, FHWA has violated ancient preservation protections equipped through federal legislation—particularly, Category 4(f), which forbids FHWA from approving transportation initiatives that may harm grounds or ancient websites, until there are not any prudent and possible choices that might keep away from the ancient web page and the company has undertaken all conceivable making plans to reduce hurt to the web page. The go well with alleges that the untouched design plan demonstrates that there exists an affordable extra that might higher offer protection to the ancient rail hall, which advocates say can even reinforce the protection of the hour rail-trail connection and assemble higher path device linkages.
“Federal laws like Section 4(f) are designed to minimize the harm that transportation projects can bring to historic places and trails. These laws are important tools in the protection of many rail-trail corridors, which create access to safe spaces to walk, bike and be active for millions of Americans. This case will set important precedent for the actions of FHWA and state departments of transportation, helping to ensure that the historic assets of the places we live are protected as are the opportunities these spaces create to make it safer for people to get outside and get around their communities,” mentioned Ryan Chao, president of RTC, the people’s greatest trails, strolling and cycling advocacy group, and the main felony suggest for rail-trails within the U.S.
Wayne Morris, a Committee member from the adjoining the town of Windham, shared his private point of view at the design. “I am relatively healthy and ride my bike often. Regardless, I still struggle to make it up a straight hill with a 5% grade. The proposed ‘spaghetti loop’ design in Derry mixes grades that are nearly 5% with a hairpin turn, which is frankly dangerous and will make it even harder to get to the top of the long hill. It will be a challenge for me and for most people, not to mention a real safety hazard that will prevent many people from using it altogether. This design causes far more harm than good—to the historical value of our community and the safety of the people who live here.”
“My professional opinion is that this ‘spaghetti loop’ trail design is unsafe. The steep and sharp curves are poor engineering, shoe-horned to fit into the available space, which will create dangerously fast speeds. The only design option that will meet rail-trail standards and the related expectation of safety is the tunnel under the new Folsom Road,” mentioned Vogt.
The Committee to Save the Derry Rail Path Tunnel is a Unutilized Hampshire not-for-profit company produced from skilled biking advocates and cyclists from all the way through Unutilized Hampshire who’re involved in regards to the protection of rail-trail customers and the preservation of ancient railroad corridors.
Rails to Trails Conservancy is the people’s greatest trails advocacy group—with a grassroots population greater than 1 million sturdy—devoted to construction a people hooked up through trails, reimagining folk and ancient areas to assemble shield tactics for everybody to stroll, motorbike and be lively outside.
The Committee and RTC are represented within the lawsuit through WilmerHale, a world legislation company.
Committee to Save the Derry Rail Path Tunnel Touch: Bob Spiegelman, 603.490.0012, [email protected]
Rails to Trails Conservancy Touch: Brandi Horton, 202.974.5155, [email protected]
SOURCE Rails to Trails Conservancy
