Email from Peter T. Kleeman to Roberto Fonseca (FHWA) and Philip Schucet (VDOT) regarding NEPA and project segmentation issues.

From: Peter T. Kleeman [mailto:techniquest@netscape.net]
Sent: Monday, April 04, 2005 10:37 AM
To: Fonseca, Roberto; philip.shucet@vdot.virginia.gov
Subject: Designating Localities as Lead Agency for NEPA documentation

Dear Sirs:

I have reviewed the "Agreement for Project Development and Administration by the City of Charlottesville Route 250 Bypass Interchange Project" and am concerned that the City of Charlottesville will apparently be acting as the lead agency in development of the NEPA document necessary for this project. I reviewed what appear to be the relevant sections of NEPA (Section 102) and 23 CFR 771 ( ) and believe that it is not legitimate for the City to be the lead agency for NEPA development. I am also concerned that the City of Charlottesville does not have the expertise in NEPA document development and related requirements including Section 4(f) analysis essential for this Federal-aid Highway project.

I also am concerned about treating the interchange and the portion of the Meadow Creek Parkway project through the McIntire Park (a section 4(f) protected property) as separate project with the NEPA document only considering the interchange. It is my understanding that Federal Court rulings have maintained that projects of this type can not be segmented, but rather considered in one environmental document so that the full environmental impacts of the project are provided to the public for consideration.

I would very much like to receive from you justification for allowing the City of Charlottesville to be the lead agency for development of a NEPA document on any Federal-aid Highway project, and secondly, how the segmentation of this project is not in violation of Federal Court rulings against segmentation.

Sincerely,

Peter T. Kleeman