Local advocates filed a complaint Monday (August 26) against the New Hampshire Department of Transportation and the Federal Highway Administration to halt construction of an interchange near a popular hiking trail in Derry that would eliminate a planned tunnel along the route.
The complaint, filed in U.S. District Court in Concord by the Committee to Save the Derry Rail Trail Tunnel and Rails to Trails Conservancy, alleges that NHDOT and FHWA’s New Hampshire Division failed to comply with federal laws protecting the Manchester & Lawrence Railroad Historic District and the Derry Trail Trail.
The complaint hinges on a design change proposed by NHDOT in 2022 and approved by FHWA in 2024 that plans to eliminate a previously planned tunnel as part of “The Derry-Londonderry Interstate 93 Exit 4A” project to construct a new interchange a mile north of the existing Exit 4A and provide access to the eastside of I-93.
“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,” said Alex Vogt, a retired NHDOT engineer.
“The Derry Rail Trail Tunnel… is the most common-sense approach and would keep thousands of anticipated users safe while preserving the integrity of the historic corridor.”
In approving the design, the lawsuit claims that FHWA violated historic preservation protections provided by federal law, which forbids FWHA from approving transportation projects that will damage parks or historic sites, unless there are no prudent or feasible alternatives, which are demonstrated in the original design plan.
The original proposal, which was approved in 2020, included the construction of a tunnel to allow for the state’s planned expansion of the trail through the historic district which would prioritize minimal harm to the corridor and “preserve and enhance the historic features and values of the rail corridor.”
Despite the cited benefits of the original plan and opposition from residents at an informational meeting in September 2022 over the elimination of the proposed tunnel, the NHDOT stated the decision was final and argued that the new design would create a longer, more scenic route for hikers.
Additionally, officials said the elimination of the tunnel would save NHDOT $770,000 and save the town money on routine maintenance. The proposed alternative features a design coined a “spaghetti loop” path that would also prevent flooding in the area.
NHDOT Public Information Officer Richard Arcand declined to comment on the lawsuit Tuesday.
“I am relatively healthy and ride my bike often. 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,” said Wayne Morris, a committee member from Windham.
“It will be a challenge for me and most people, not to mention a real safety hazard that will prevent many people from using it all together.”
Morris, committee members and residents expressed safety concerns for the thousands of bicyclists and pedestrians expected to use the trail and the nearly 40,000 vehicles projected to use the road daily.
Additionally, the complaint alleges the pedestrian crosswalk planned for the six lanes of traffic is unprotected from turning vehicles and does not provide sufficient time for older individuals and people with disabilities to cross.
“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,” said Committee and RTC member Dave Topham, who has advocated for transportation, bicyclist and pedestrian safety in New Hampshire for decades.
The Committee and RTC are represented in the lawsuit by WilmerHale, an international law firm.
These articles are being shared by partners in the Granite State News Collaborative. For more information, visit collaborativenh.org.
