Hwy. 98 Settlement
Submitted by Molly Wallace on November 24, 2009 - 11:39am
As you may have heard, Mobile Baykeeper reached a settlement with ALDOT on the Highway 98 project. Much has been accomplished from the first pictures taken by Press Register reporters in September of 2007 of mud flowing from the site into Big Creek Lake. We feel that this has been a learning experience for all concerned.
To give props where they are due:
- ALDOT stepped outside of their comfort zone to research and then install new designs to prevent further slope failures including the platypus system in order to rehabilitate the new road.
- ALDOT used a new system to remove sediment in the Escatawpa watershed and has agreed to do additional mitigation to offset the impacts from construction problems in both watersheds.
- Best Management Practices such as additional retention ponds, rocks and additional vegetation were implemented for erosion control that ultimately will increase storm water control.
- ALDOT is extending the bridge at Big Creek from 300 ft to 1700 ft which will allow better flow in the watershed and reduce risk of ponding which could devastate the wetlands and forested area north of the road.
- Safety features were improved on the highway and a hazardous materials containment plan was designed and will be implemented in order to reduce the risk of impact from a spill along the 13 access points to Mobile’s Drinking water supply.
The final and most important points for Mobile Baykeeper are access to the new road and permanent changes to ALDOT’s development practices. ALDOT has restricted access to the new highway to three intersections, agreeing that the drinking water supply “can be damaged by erosion, sedimentation, other construction impacts, hazardous material spills from the highway and bridge, and detrimental runoff resulting from development.” ALDOT has also made significant changes to its “standard specifications” including limiting active earthwork to an area not more than 17.5 acres. This is in stark contrast to the miles of open earthwork that started this lawsuit.
Both parties have agreed to settlement terms which ensure the best possible scenario was achieved regarding our environment, public safety and tax dollars. Neither party can claim victory, but both parties are ready to move forward by working more closely together in the future to ensure the next problem that arises is resolved well before attorneys are involved.
Mobile Baykeeper wrote our first letter on this issue in 1999, so settling after ten years is truly worthy of a water break, band aids, maybe even a cat nap. The next round will start shortly, but this time we feel confident that ALDOT will not be our opponent in continuing to protect our drinking water. We have to be vigilant in monitoring Mobile County for permit requests for driveways, buildings and subdivisions. Research is already underway to determine exactly how to ensure we know about every single land disturbance request along the corridor. We have 3-5 years before the road is able to be opened, but I can assure you we will continue to work diligently to demand the purpose of this road – safety – does not include a congested thoroughfare running over our drinking water supply.
- Casi(kc) Callaway
