Environmental Impact Statement: District of Columbia, Prince George's County, Maryland and City of Alexandria and Fairfax County, VA

Federal RegisterJul 15, 1999

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Environmental Impact Statement: District of Columbia, Prince

George's County, Maryland and City of Alexandria and Fairfax County, VA

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of intent.

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SUMMARY: The FHWA is issuing this notice to advise the public that a

supplement to a final environmental impact statement will be prepared

for a proposed bridge project in the District of Columbia, Prince

George's County, Maryland and the City of Alexandria and Fairfax

County, Virginia.

FOR FURTHER INFORMATION CONTACT: Mr. John Gerner, Project Manager,

Woodrow Wilson Bridge Center, 1800 Duke Street, Suite 200, Alexandria,

Virginia 22314, Telephone: (703) 519-9800.

SUPPLEMENTARY INFORMATION: The FHWA, in cooperation with the District

of Columbia Department of Public Works, Virginia Department of

Transportation, and Maryland State Highway Administration, will prepare

a supplement to the final environmental impact statement (FEIS) for a

proposal to enhance mobility while addressing community and

environmental concerns along I-95/I-495 (Capital Beltway) from west of

Telegraph Road to east of MD 210 in the vicinity of the Woodrow Wilson

Bridge. The original FEIS for the improvements (FHWA-MD-VA-DC-EIS-91-

01-F) was approved on September 2, 1997 and a Record of Decision (ROD)

was issued on November 25, 1997. The proposed improvements documented

in that FEIS provide for replacing the existing bridge with a new

bridge crossing consisting of two new parallel drawbridges, one for

eastbound traffic and the other for westbound traffic, constructed

approximately thirty feet south of and twenty feet higher than the

existing bridge. Each span would have five general purpose traffic

lanes (separated into two express and three local lanes), and one lane

reserved for future use by public transit or high occupancy vehicle

use. Thus, the new bridge would have a total ten general purpose

traffic lanes and two lanes reserved for limited future use. Four

interchanges adjacent to the bridge, two in Maryland and two in

Virginia, will also be reconstructed to provide for roadway widening

associated with the larger bridge, smoother traffic flow, and improved

access to the bridge.

The location and preliminary design of the project have been

approved. However, a U.S. District Court ruling, City of Alexandria v.

Slater, 1999 U.S. DIST. LEXIS 5254 (D. DC April 14, 1999), found that

the FEIS was inadequate because a ten lane alternative had not been

fully considered, the presentation of construction impacts associated

with the project was not detailed enough, and the impact on cultural

resources in yet to be selected mitigation sites and possible sites in

the construction area were not described (on the last point, the Court

also found that the National Historic Preservation Act had been

violated). The Federal Government is appealing the Court's decision.

The Federal Government is not appealing other portions of the decision

dealing with the Clean Air Act.

Although the Federal Highway Administration is appealing this

decision, in recognition of the need for timely action on this bridge

replacement project, the Federal Highway Administration has decided to

begin processing a supplemental environmental impact statement (SEIS)

to address the issues raised by the Court and to present information on

changes to the project which were not evaluated in the FEIS, even while

the appeal of the Court decision is pending. In addition, and since the

publication of the FEIS in 1997, the development of the final design

has led to a number of changes in the project, resulting in some

changes in the boundaries of the project, the configuration of the

interchanges, the amount of dredging in the Potomac River, and other

relatively limited changes. These changes are best addressed in an

SEIS, irrespective of the District Court decision.

This ``Alternatives SEIS'' is being undertaken to: (1) Do

preliminary engineering and design work necessary to develop 10 lane

alternative designs, (2) consider these 10 lane alternatives along with

the current 12 lane design, (3) address construction impacts and

effects upon cultural resources and historic sites in the area, and (4)

address

[[Page 38233]]

changes to the project since the issuance of the ROD.

If the appeal is resolved favorably and the mandate to more fully

consider 10 lane alternatives, construction impacts, and yet to be

identified historic sites in an SEIS is vacated, development of a

``limited scope SEIS'' (23 CFR 773.130(f)) only dealing with the

changes which have occurred since the 1997 ROD would continue. Work

would stop on those matters which flow directly from the District

Court's decision, as an SEIS on these issues would then be unnecessary

and limiting the scope of the SEIS would allow the project to remain on

its original schedule.

If the appeal is not successful, the ``Alternatives SEIS''

addressing changes to the project since the ROD was issued as well as

evaluating various 10 lane alternatives and other issues required by

the District Court would be completed.

Letters describing the proposed action and soliciting comments will

be sent to appropriate Federal, State, and local agencies, and to

private organizations and citizens and citizen groups who have

previously expressed or are known to have an interest in this proposal.

It is anticipated that Scoping Meetings will be held both in Virginia

and Maryland early in August, 1999.

If the appeal is not successful and an ``Alternatives SEIS'' is

prepared, Public Information Workshops will be held both in Maryland

and Virginia in December, 1999 and Public Hearings will be held both in

Maryland and Virginia in May, 2000. If the appeal is successful and a

``limited scope SEIS'' is prepared, the Public Information Workshop

will not be conducted, but Public Hearings will be held both in

Maryland and Virginia in January, 2000 to present the results of the

evaluations of proposed changes to the project since the FEIS and ROD

were issued in 1997. In either case, the draft SEIS will be available

for public and agency review and comment prior to the Public Hearing.

Public notice will be given of the availability of the Draft SEIS for

review and of the time and place of the public meetings and hearings.

To ensure that the full range of issues related to this proposed

action are addressed and all significant issues identified, comments

and suggestions are invited from all interested parties. Comments or

questions concerning these proposed actions and SEIS should be directed

to the FHWA at the address provided above.

(Catalog of Federal Domestic Assistance Program Number 20.205,

Highway Research, Planning and Construction. The regulation

implementing Executive Order 12372 regarding intergovernmental

consultation of Federal programs and activities apply to this

program).

Nelson J. Castellanos,

Division Administrator, Baltimore, Maryland.

[FR Doc. 99-18095 Filed 7-14-99; 8:45 am]

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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