RENO, Nev. (KRNV & MyNews4.com) -- The Regional Transportation Commission was informed today that the Upper Southeast Communities Coalition voluntarily dismissed its federal lawsuit seeking to stop construction of Phase I of the SouthEast Connector based on alleged violations of the Clean Water Act.
RTC contends they never violated the Clean Water Act (CWA) or any other federal requirement.
As stated by RTC Executive Director Lee Gibson, “There was never a discharge of dredge and fill material into the Truckee River or Steamboat Creek from any construction activities associated with Phase I.”
The USACE is currently considering the RTC’s application for a Section 404 permit under the CWA for Phase II of the SEC and will make an appropriate decision consistent with the requirements of dredge and fill activities under Section 404 of the CWA. A public comment process is underway ensuring regional community participation. No final agency decision regarding the RTC’s permit application for the Phase II work has yet been made.
The permit application details specific wetland mitigation measures based on detailed studies of the biology and hydrology of the area. The RTC understands that the USACE has extended the deadline for public comments until October 15, 2013. The USACE will continue to review the RTC’s application and make a decision on the issuance of a permit in due course.
The SEC is a 5.5 mile long roadway. It will only impact 11.2 acres out of 173.3 acres of waterways and wetlands within the project corridor. The RTC is still committed to replacing impacted wetlands at the ratio prescribed by the USACE as part of the Mitigation Plan submitted.
Copies of key pleadings filed in the litigation can be found at www.rtcwashoe.com