UDOT Balloting Violation
The berm/wall combination is not a permissible noise barrier in Utah and does not qualify for balloting. UDOT is in violation of UDOT Noise Policy by balloting the berm/wall combination. In addition it did the invalid balloting incorrectly. Just as the two separate land use activity categories must be evaluated as separate noise barriers, the balloting must be separate for each section of the noise barrier.
For the recreational portion of the noise barrier the only eligible voter is the owner of the recreational area which is the Jeremy Ranch Golf and Country Club. UDOT assigned two votes to the JRG&CC. Both were returned, meaning there were 100% of ballots returned, which exceeds the requirement of 75%. But one vote was for the noise barrier and the other was against, meaning only 50% were in favor which does not exceed the required 75%. The vote on the recreational portion of the noise barrier failed. There is not approval to move forward with this portion of the noise barrier.
For the residential portion of the noise barrier, the vote was invalid since there were no ballots sent to the residents adjacent to the end of the residential portion of the noise barrier, as required by the Noise Policy. In the figure below, the dark green shows adjacent residents. It is clear, according to the representative of the HOA to which the additional 10 residents belong, that if they had been allowed to vote they would have voted against the noise barrier. The ballot for the residential portion would have failed also.