Some relevant documents.
Deeds between City of Charlottesville and VDOT relating to McIntire Road Extended and Meadow Creek Parkway.
Deed of Temporary Easements in McIntire Park - 2008.
Deeds associated with Permanent and Temporary easements north of Melbourne Road - 2008.
Federal Register Postings.
Notice of Intent to prepare an Environmental Impact Statement. [Oct. 12, 1984]
Cancellation of the Notice of Intent to prepare and Environmental Impact Statement. Environmental Assessment to be developed. [Mar. 14, 1995]
Environmental Documents.
Final Environmental Assessment for McIntire Road Extension. [Apr. 7, 1995]
SERP Document to meet the State Environmental Review process for the McIntire Road Extend project (Route 250 Bypass to Melbourne Road). [Mar. 28, 2006]
Design Reports.
Rieley Report entitled Preliminary Study of Interchange Alternatives - Meadowcreck Parkway, Mclntire Road, and Veterans Memorial Boulevard. [Oct. 2000]
Project Development Timeline and Documentation Links:
Background: The timeline below is based on a materials from the Charlottesville Albemarle MPO, City of Charlottesville, County of Albemarle, Virginia Dept. of Transportation (VDOT), and the Federal Highway Administration (FHWA).
I included links to reconstructed (retyped or scanned) material to provide
ready access to these material for group use.
1966:
October 15, 1966 - National Historic Preservation Act of 1966, became law (Public Law 89-665; 16 U.S.C. 470 et seq.). Section 106 of this act (currently implemented at 36 CFR 800)relates to protection of historic properties. The complete text of Section 106 as amended though 2006 is as follows:
Section 106
The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register. The head of any such Federal agency shall afford the Advisory Council on Historic Preservation established under Title II of this Act a reasonable opportunity to comment with regard to such undertaking.
October 15, 1966 - Section 4(f) of The Department of Transportation Act (Pub. L. 89-670, 80 Stat. 934) became law on October 15, 1966 (Public Law 89-670). Section 4(f) of this act (as amended) stipulates that the Federal Highway Administration (FHWA) and other DOT agencies cannot approve the use of land from publicly owned parks, recreational areas, wildlife and waterfowl refuges, or public and private historical sites unless the following conditions apply: there is no feasible and prudent alternative to the use of land; and the action includes all possible planning to minimize harm to the property resulting from use.
1967:
The McIntire Road Extension project first proposed in the Charlottesville Major Arterial Street and Highway Plan.
1968:
August 23, 1968: Section 4(f)of the Department of Transportation Act amended by Pub. L. 90-495, 82 Stat. 824.
1971:
May 13, 1971 - President Richard Nixon signs Executive Order No. 11593 providing for Protection and Enhancement of the Cultural Environment.
1975:
September 2, 1975: City of Charlottesville adopted the Recreation and Open Space Study as an element of its Comprehensive Plan. The study reserved a right-of-way through McIntire Park for the "McIntire Parkway". The study provided "new access to the eastern half of the park - and thus the road extension became an integral part of the park development plan." [View map]
[Note 1: The plan - available in the neighborhood development planning office of City Hall - illustrated a road that provided access to the park and was not a limited access roadway through the park as is the current McIntire Road Extended project proposal. One of the "Principles to Guide the Future Improvements of McIntire Park" was to "accommodate vehicular circulation, parking, pedestrian and bicycle paths with an efficient and well maintained network of paved surfaces." Connection to these paved surfaces was designed as roadway links from what was then called the McIntire Parkway. Also, a note on the McIntire Park plan illustration identified the "McIntire Parkway as shown here as proposed by Virginia Department of Roadways (Route 631)." This notation does not indicate in any fashion that the City had approved this proposed roadway, but appears to include the current plan as envisioned by the VA Dept. of Roadways (now VDOT). The current VDOT McIntire Road Extended proposal does not serve park use and appears to be a totally different concept than that presented in the 1975 plan.
[Note 2: FHWA later argued that this road was in the McIntire Park plan prior to development of the original DEIS, and that impacts to a ballfield are not considered because the City Manager stated in a letter dated January 7, 1994 that the temporary ballfield (still in use today) was not significant for meeting the City's recreational needs. FHWA claiming joint development of McIntire Park and the roadway eliminate need for a section 4(f) review.]
1978:
January 18, 1978 - Resolution passed by City Council of Charlottesville to initiate the Parkway project [improvements to McIntire Road between Preston Avenue and Rio Road].
1979:
June 27, 1979 - Location public hearing held in the Walker Middle School in the City of Charlottesville, Virginia, on June 27, 1979, at 7:30 p.m. for the purpose of considering the proposed location of McIntire Road from the intersection of Preston Avenue in the City of Charlottesville to the intersection of Rio Road (Route 631) in Albemarle County
December 13, 1979 - Virginia Commonwealth Transportation Board passes location resolution stating that:
the location McIntire Road from the intersection of Preston Avenue in the City of Charlottesville to the intersection of Rio Road (Route 631) in Albemarle County be approved in accordance with the plan as proposed and presented at the June 27, 1979 location public hearing by the Department’s engineers; and
the portion of McIntire Road from Route 250 Bypass to end of project at Rio Road (Route 631) be designated as a limited access facility in accordance with Article 4, Chapter 1, Title 33.1 of the 1950 Code of Virginia, as amended, and in accordance with State Highway and Transportation Commission Policy.
1984:
October 12, 1984 - A Notice of Intent to prepare an Environmental Impact Statement for the project posted in the Federal Register at 49 FR 40136-37.
1985:
August 28, 1985 - Charlottesville-Albemarle MPO approves its long range plan ( Charlottesville Area Transportation Study (CATS) Year 2000 Plan) including the McIntire Road Extension project as a "committed" project but provided as follows: "McIntire Road between Preston Avenue and Route 250 Bypass - Widen to 4 lanes divided, delayed until Route 29 North study is completed."
December 20, 1985: A Draft Environmental Impact Statement (DEIS) for the project approved by the Federal Highway Administration (FHWA).
1986:
March 25, 1986: Location Public Hearing held. Shortly after this public hearing the McIntire Road Extension project was dropped due to concerns of the city management a bout traffic impacts to the downtown area and to await resolution of a Route 29 Bypass alignment. Project termini for the McIntire Road project modified (to end at Route 250 Bypass rather than near downtown Charlottesville).
1992:
February 18, 1992: Charlottesville-Albemarle MPO passed a resolution amending the CATS plan including reference to the McIntire Road Extension project in a sequencing of metropolitan area projects in what is termed the Three Party Agreement among the City of Charlottesville, County of Albemarle, and the University of Virginia).
1993:
April 8, 1993 - Letter to VDOT (Debra Switzer, EIS document writer) from Eugene M. German, Director of Charlottesville's Dept. of Parks and Recreation indicating the importance of the softball field that would be taken as part of parkway right-of-way and a potential section 4(f) property.
1994:
January 7, 1994 - Letter from Cole Hendrix, Charlottesville City Manager, to VDOT indicating that the softball field considered to be a possible section 4(f) resource was considered not to be a significant resource by the City of Charlottesville.
January 27, 1994 - Letter: RE: DEIS re-evaluation.
February 1, 1994: FHWA internal re-evaluation of the DEIS approved. FHWA also concluded that no Supplemental Environmental Impact Statement (SEIS) is warranted.
April 26, 1994: Location Public Hearing held in the Charlottesville High School, Charlottesville, Virginia for the purpose of considering the proposed location of McIntire Road Extension from Route 250 Bypass to Southern Railroad and Rio Road (Route 631) in the City of Charlottesville and Albemarle County. This changed southern terminus from Preston Avenue to Route 250 Bypass.
September 15, 1994: Commonwealth Transportation Board approves new location decision for McIntire Road Extension from Route 250 Bypass to Southern Railroad at Rio Road.
It was resolved that:
the location and designation as a limited access facility as approved on December 13, 1979, be rescinded.
the location of this project be approved for the Corridor A alignment in accordance with the plan as proposed and presented at the said Location Public Hearing on April 26, 1994.
that the portion of McIntire Road from the Route 250 Bypass to the end of the project at Rio Road, Route 631, be designated as a Limited Access facility in accordance with Article 4, Chapter 1, Title 33.1-57 of the Code of Virginia as amended and in accordance with the policies of the Commonwealth Transportation Board.
1995:
March 14, 1995: FHWA posts Cancellation of the Notice of Intent to prepare an EIS for the McIntire Road Extension project in the Federal Register. VDOT also publishes a similar notice in a Charlottesville newspaper (Daily Progress??).
April 6, 1995: VDOT sends letter to FHWA requesting they prepare a Finding of No Significant Impact (FONSI) for the McIntire Road Extension project.
April 7, 1995 - VDOT submits Final Environmental Assessment for McIntire Road Extension [from Route 250 Bypass/McIntire Road Intersection to 0.09 Miles North CSXT Railroad Crossing (Rt.631)]
April 13, 1995: FHWA issues Finding of No Significant Impact (FONSI).
October 19, 1995 - Commonwealth Transportation Board passes a resolution authorizing the execution of the Agreement with the firm of Wilbur Smith Associates, Inc., which establishes a compensation of $1,362,927,21 for services and expenses, plus a net fee of $43,243.01, making the total maximum compensation not to exceed $1,406,170.22.
December 21, 1995 - Commonwealth Transportation Board amends Agreement with the firm of Wilbur Smith Associates, Inc., to have a compensation of $$1,442,682.22 for services and expenses, plus a net fee of $79,755.01 (an additional $36,512.00 was added to the net fee).
??, 1995: VDOT reprograms project to include only State funding (although I do not believe spent Federal funds were returned to FHWA) so that the project is no longer considered by VDOT to be a Federal-aid Highway project.
1997:
October 6, 1997: Letter sent by Eugene W. Cleckley, Chief of the FHWA Environmental Operations Division (signed by Fred Skaer for Eugene W. Cleckley) to Richard C. Collins, Charlottesville citizen relaying the FHWA opinion that no Section 4(f) analysis is required.
December 4, 1997: Letter sent by Katherine E. Slaughter, Mayor, City of Charlottesville to Rodney E. Slater, Secretary of Transportation (USDOT), Roberto Fonseca-Martinez, Transportation Administrator, FHWA - Virginia Division, and Robert E. Martinez, Secretary of Transportation, Commonwealth of Virginia. This letter requests (a) reconsideration of the decision not to do a Section 4(f) analysis; (b) completion of an Environmental Impact Statement (EIS); (c) clarification of Federal role in project development.
December 10, 1997: Letter noting minor corrections to the December 4 1997 letter sent by Katherine E. Slaughter, Mayor, City of Charlottesville to Rodney E. Slater, Secretary of Transportation (USDOT), Roberto Fonseca-Martinez, Transportation Administrator, FHWA - Virginia Division, and Robert E. Martinez, Secretary of Transportation, Commonwealth of Virginia.
December 22, 1997: Letter sent to Katherine E. Slaughter, Mayor, City of Charlottesville, by Roberto Fonseca-Martinez, FHWA Virginia Division Administrator. This letter stated that environmental document was downgraded from DEIS to Environmental Assessment (EA) because "the scope of the project had been scaled back from 2.3 miles to 1.4 miles by eliminating the portion of the proposed project south of the Route 250 Bypass. By reducing the scope, the potential significant adverse environmental impacts identified in the EIS and associated with the proposed project were eliminated. FHWA concluded that Section 4(f) did not apply to the use of McIntire Park by the Meadowcreek Parkway because the parkland was reserved for highway purposes by officials with jurisdiction over the property in accordance with appropriate local planning requirements long before any intent to seek Federal funds."
[Note: It could be argued that no such highway was reserved in the park - but that an access road to provide access to the park from both the north and south was provided for in the park plan of 1975. The current parkway proposal (and the one reviewed by FHWA) does not provide any access to the park from the highway. Thus the current highway is a different concept from that illustrated (and not necessarily approved by the city) in the 1975 park plan.]
May 27, 1999 - Design Public Hearing held in the Charlottesville High School for the purpose of considering the design of McIntire Road Extension (Meadow Creek Parkway, Phase I) from the intersection of Route 250 to Rio Road (Route 631).
June 30, 1999 - VDOT letter outlines design features to be adopted as result of May 27, 1999 public input.
July 20, 1999: Letter sent by City Council Mayor Virginia Daugherty to VDOT providing their council comments on the VDOT public hearing regarding the Meadow Creek Parkway.
September 16, 1999 - Commonwealth Transportation Board resolution approved the major design features of the McIntire Road Extension (Meadow Creek Parkway) projects which includes providing an on-road 1.5 meter (5 feet) bicycle facility as well as a 1.8 meter (6 feet) pedestrian trail on separate alignments in accordance with the plan as proposed and presented at the May 27, 1999 Design Public Hearing by the Department’s Engineers with the following modifications:
• Build two (2) lanes on four (4) lanes of right of way. Four (4) lanes should be constructed initially from Station 42+74.23 to Station 50+80.00.
• Reduce the design speed to allow for maximum operating speed of 35 mph.
• Design the Route 250 intersection with the McIntire Road Extension, using the minimal design possible as determined by the Department in concert with the recommendations of the City of Charlottesville without compromising the safety of the traveling public within the Charlottesville area.
• Combine the Stormwater Management facilities into one pond as a joint venture, funded by the City of Charlottesville and the Virginia Department of Transportation.
• Provide the opportunity, if reasonable, for the use of any residue parcels, acquired through the normal right of way acquisition process, as park property by the City of Charlottesville and Albemarle County.
It was further resolved that the Virginia Department of Transportation will continue to work with the City of Charlottesville and Albemarle County to resolve concerns which may arise during the final stages of project development.
2000:
October 2000 - Rieley Report entitled Preliminary Study of Interchange Alternatives - Meadowcreck Parkway, Mclntire Road, and Veterans Memorial Boulevard provided to Charlottesville City Council.
December 11, 2000 - Charlottesville Mayor Blake Caravati letter to VDOT stating conditions necessary to construct the Meadow Creek Parkway. This was a follow-up to the July 20, 1999 council letter.
2001:
December 18, 2001 - Commonwealth Transportation Board (CTB) resolution rescinds the September 15, 1999 location and design approval for Route 631 for the section of McIntire Road/Meadow Creek Parkway project from Melbourne Road to .05 miles north of Route 631 (Rio Road) Bridge over the Norfolk Southern Railway. CTB approves location of Alternative "A" (from Jones and Jones report) as new location of road project north of Melbourne Road.
2002:
February 13, 2002 - VDOT completes the State Environmental Review Process (SERP) on what is now called the Meadow Creek Parkway (from Melbourne Road at the south to the Route 631 Bridge over Railway - Project 0631-002-128, C502, B612, B657). The letter from Christine Fainter, Environmental Specialist II, to James Bryan, VDOT Charlottesville Area Resident Engineer, states "This concludes the State Environmental Review Process as long as there are no major changes in the limits or scope of the project as originally described in the Project Early Notification Form (EQ-429)." Acquisition of approximately forty-nine acres of replacement parkland (to replace land used by the separate McIntire Road Extended project) was added to the Meadow Creek Parkway project since this time.
2003:
March 20, 2003 - VDOT schedules a design public hearing on the Meadow Creek Parkway project (the roadway connecting Melbourne Road to Rio Road in Albemarle County) with a 4-lane divided highway design. The hearing is canceled at the request of local jurisdictions.
2004:
March 16, 2004 - VDOT design public hearing on the Meadow Creek Parkway project held at Charlottesville High School.
2005:
January 17, 2005 - City Attorney, Craig Brown, sends memorandum to city council concerning reimbursement of planning funds to VDOT if parkway project is canceled.
February 25, 2005 - City Council approves advertising of Request for Proposals (due March 31, 2005) seeking expressions of interest from consulting engineering firms who wish to be considered to provide professional engineering services to prepare comprehensive interchange design options and construction plans and documents for the Meadowcreek Parkway/Route 250 Bypass/McIntire Road Interchange.
March 7, 2005 - City council agenda item to authorize $1,551,000 for engineering for the Route 250 Bypass Interchange at McIntire Road project.
March 8, 2005 - Charlottesville Mayor David Brown letter to VDOT and Albemarle County Board of Supervisors revising portions of the City position on construction of the Meadow Creek Parkway stated in Mayor Caravati’s letter of December 11, 2000.
March 21, 2005 - City Council agenda item including draft of letter sent to VDOT stating new conditions on construction of the Meadow Creek Parkway.
April 4, 2005 - Email from Peter Kleeman to FHWA and VDOT.
April 27, 2005 - Email from FHWA/VDOT in response to April 4, 2005 letter.
April 29, 2005 - Email from Peter Kleeman to FHWA responding to the April 27, 2005 FHWA/VDOT letter and the rationale for considering McIntire Road Extended a committed project in considering no-action condition for Route 250 Interchange at McIntire Road project.
September 21, 2005 - Free Enterprise Forum Press Release announces release of a report in support of building McIntire Road Extended with an at-grade interchange.
November 3, 2005 - First meeting (agenda posted here) of the Route 250 Bypass Interchange Steering Committee meets to explore designs for a grade-separated interchange at Route 250 Bypass at McIntire Road to replace the at-grade intersection of the currently designed McIntire Road Extended at Route 250 Bypass. Other agendas, meeting notes, environmental documents, designs, and project material for the Route 250 Bypass Interchange at McIntire Road project are available at the project consultant's website at http://www.250interchange.org.
2006:
January 18, 2006 - January 18, 2006 Letter from Mayor David Brown to VDOT and Albemarle County regarding McIntire Road Extended project conditions for moving forward.
March 16, 2006 - RK&K Engineers submits scope of work for preliminary engineering of the Route 250 Bypass Interchange at McIntire Road project.
March 22, 2006 - RK&K Engineers contract with City of Charlottesville for engineering services and related work.
March 28, 2006 - VDOT prepares a SERP Document to meet the State Environmental Review process for the McIntire Road Extend project from Route 250 Bypass to Melbourne Road. This was done as no environmental document existed for the project since the 1995 Environmental Assessment was rescinded when project was defedaralized.
June 26, 2006 - Letter from Peter Kleeman to Kenneth Myers of FHWA Virginia Division suggesting that due to funding considerations, the Route 250 Bypass Interchange at McIntire Road, the Meadow Creek Parkway, and the McIntire Road Extended projects should be combined into one Federal-aid Highway project.
August 31, 2006 - Letter from FHWA in response to June 26, 2006 letter (Peter Kleeman to Kenneth Myers of FHWA.
November 26, 2007 - First meeting [agenda and links] of Route 250 Interchange Section 106 consulting parties committee meets.
2008:
February 27, 2008 - Interchange Consultants (and FHWA)distribute memorandum providing the project team responses to all comments received to date from the consulting parties as part of Section 106 consulting parties committee meeting #3.
June 2, 2008 - Charlottesville City Council approves by 3-2 vote an ordinance "Granting Permanent and Temporary Easements across City-Owned Property in Albemarle County (Melbourne Road Area) to the Commonwealth of Virginia (VDOT) for Construction of the Meadow Creek Parkway. Official Minutes of this item include council discussion, amendment, and voting result.
August 18, 2008 - Charlottesville City Council holds public hearing and passes a resolution granting a temporary easement to Virginia Dept. of Transportation for construction of McIntire Road Extended Project.
August 18, 2008 - Letter from Peter Kleeman to FHWA Virginia Division Administrator regarding change in southern terminus of McIntire Road Extended project and its impact on appropriateness of NEPA required no-action alternative for the Route 250 Bypass at McIntire Road project.
August 27, 2008 - Email from Peter Kleeman to City Attorney Craig Brown stating that city council appears not to have met their own conditions necessary prior to granting any easement to VDOT as right-of-way for the McIntire Road Extended project. Kleeman argues that none of the three conditions were met, yet council approved an easement.
September 4, 2008 - Letter from FHWA Virginia Division Administrator to Peter Kleeman in response to letter of August 18, 2008.
October 10, 2008 - Letter from Peter Kleeman to FHWA Virginia Division Administrator (Roberto Fonseca Martinez) regarding what constitutes an appropriate no-action alternative for Route 250 Bypass at McIntire Road project NEPA analysis.
October 14, 2008 - The Virginia Department of Transportation advertises for construction bids for the Meadow Creek Parkway (connecting Melbourne Road to Rio Road in Albemarle County. This is the northern portion of the controversial 2-mile parkway between U.S. Route 250 Bypass and Rio Road that is currently segmented into three total segments.)
October 23, 2008 - Peter Kleeman posted this comment on kleemanblog.blogspot.com on Route 250 Interchange at McIntire Road - Section 106 consulting parties meeting #4.
November 4, 2008 - Letter from FHWA Virginia Division in response to Oct. 10, 2008 letter (signed by John Simkins for Roberto Fonseca-Martinez).
December 1, 2008 - Letter from VDOT to Dept of Historic Resources (DHR) considering the Section 106 review Area of Potential Effect (APE) on historic properties for the McIntire Road Extended project. VDOT requests action by DHR regarding required Section 106 review.
2009:
February 12, 2009 - Public Notice by U.S. Army Corps of Engineers requesting comments on the McIntire Road Extended Section 106 review.
February 13, 2009 - Letter to FHWA from Andrea Ferster. as .html file with links to referenced items; or as .pdf file.