JACKSON - Conservation groups say they hope a highway reconstruction plan will do more to accommodate wildlife, but they are prepared to fight in court if some changes are not made.

Abigail Dillen, attorney with Earthjustice, said there is good dialogue surrounding the Togwotee Pass highway reconstruction project regarding wildlife mitigation, but final wildlife decisions are still up in the air.

"I'd like to see how this plays out," she said Thursday.

Dillen made her comments after a lengthy presentation in Jackson on Wednesday to a crowd of about 40 people who came to give input to the U.S. Army Corps of Engineers. That agency is responsible for granting a permit to the Wyoming Department of Transportation - the agency leading the Togwotee reconstruction - to fill 36 acres of wetlands along the highway. No permit has yet been issued.

"I think the corps is being pretty responsible for this permitting process," Dillen said. "I think they will take the opportunity to get some further mitigation on this highway. There were some places they hadn't thought about mitigation (where) they said there were looking."

Still, Dillen said, if some concerns aren't addressed, her group is prepared to file suit.

"But now, we're getting involved early enough that we can avoid litigation," she said. "No one wants to stop this project. Everyone wants to see it be the most sensitive project it can be."

At issue is the 38-mile stretch of highway between Moran and Dubois. WyDOT has been studying upgrading the area for nearly a decade, and last year completed a reconstruction plan that aims to widen shoulders, build passing lanes, realign segments of the road, and increase "sightability" - the distance ahead and around corners drivers can see - among other improvements for drivers.

The project, on one of the major conduits to Grand Teton and Yellowstone national parks, is expected to take seven years and cost about $120 million.

At Wednesday's public hearing - requested by the Wyoming Outdoor Council, Jackson Hole Conservation Alliance and American Wildlands - representatives from WyDOT said plans for the Togwotee Pass highway had already accommodated wildlife concerns to the highest degree possible.

Bob Bonds, WyDOT environmental coordinator, said the agency's preference for the safest alternative required even more impacts to wildlife, but compromises and concessions led to the current plan.

Dillen, representing the conservation groups, said the road expansion "takes quite a toll" on the wetlands, which support many species of wildlife.

"It's a chance, we think, to build a highway that is truly ecologically sensitive," she told the group, including many representatives from WyDOT. "We still have an opportunity."

Dillen criticized WyDOT for considering wildlife needs "late in the game." A study on wildlife movement patterns in the Togwotee area was released in February - several months after WyDOT had finalized its road construction plan.

"Wetlands are a key piece of ecosystem, and to some extent they've been ignored," she said. She also said WyDOT can consider wildlife needs by reducing speeds on the highway, and not creating a straight road that encourages high speeds.

Role of the Army Corps'

Work on the first section of the reconstruction project - in the Brooks Lake area - has been delayed because of the need for WyDOT to obtain a wetlands permit from the Corps of Engineers. That section has just over three acres of wetlands WyDOT is asking to potentially fill. Bids were supposed to be let for that section in May. The completion date for that section will likely shift from July 31, 2006, to into 2007.

Chandler Peter, project manager in the corps' Cheyenne office, said even if the corps were to approve WyDOT's permit for the 38-mile stretch - as is typically done - WyDOT still has to show the corps its detailed design plan for each of the five phases of the Togwotee project.

Now, WyDOT has submitted a general outline of how the construction will go, but each segment will become more detailed with how much wetlands will be filled once they are ready for construction.

"A lot of those issues can't be addressed until the design is done," Peter said. That might include whether a retaining wall or side slope will be built, he said.

Peter said the corps cannot second-guess WyDOT's construction plans, as it is not the authority on roadway safety.

"We'll look at how they came up with that, but that gets us into an area where we're questioning an organization that has the expertise," he said.

It is unclear when the Corps of Engineers will issue or deny a permit to WyDOT to fill the 36 acres of wetlands. Peter said it could happen as quickly as three weeks, but could take several months. WyDOT can't begin construction in areas of wetlands without the permit.

A permit to fill 36 acres of wetlands does not mean WyDOT will fill them all during construction. Some design work could eliminate the need to fill some wetlands.

Peter said if the corps determines there are ways for WyDOT to minimize filling wetlands, it would require the agency to do so. If WyDOT refused, the corps could deny the permit application.

Bob Baker, mayor of Dubois, said he was frustrated with the public hearing and questions posed to WyDOT because years of study have gone into the existing plan.

"We've hammered out a pretty good project, one that recognizes the values of people and the values of wildlife," he said.

Bonds said the chosen plan is "all that WyDOT will live with," and said there would be "big problems" if the agency were to significantly revise its plans.

Environmental reporter Whitney Royster can be reached at (307) 734-0260 or at royster@trib.com.

sidebar to run with jump:

WyDOT leans against shifting section of highway

A Wyoming Department of Transportation official indicated Wednesday that a possible shift of the Rosie's Ridge segment of the Togwotee Pass highway to a northern route would not fly because of the extensive study it would require.

Pat Collins with engineering and planning said a weighted vote last month by a value engineering team and members of the community indicated rerouting of the road to the north of Rosie's Ridge would potentially do more harm than good.

"It's safe to say we consider that a very important parameter to consider," Collins said. "If we decide to pursue that alternative, we're stepping off a very high cliff because we have to supplement the (existing environmental impact statement)."

A supplemental study of the existing document would take up to a year, according to Bob Bonds, environmental coordinator for WyDOT.

- Whitney Royster