.

-- _u_---

MONTGOMERY
___un

THE MARYLAND-NATIONAL
-- _--n---

COUNTY
CAPITAL

Intercounty Connector
-

Mandatory Referral No. 06809-SHA-l

Status Report #6
PLANNING DEPARTMENT
PARK AND PLANNING

Prepared 3/2/07 for discussion at the 3/8/07 Planning Board meeting

COMMISSION

This memorandum is ICC Status Report #6 to the Planning Board under condition #16 of
the ICC mandatory referral. M-NCPPC staff will briefly present this report to the
Planning Board as part of the roundtable discussion on March 8 and will be joined in the
discussion by State Highway Administration staff. This status report includes four
sections:

A. A summary of the process and schedule for all parkland property transfers
between the state and the Commission
B. An update on our Environmental Management Team staffing and the process to
find a replacement for Tom Hay
C. An update on project schedule and next steps for both the ICC design-build
project and the Compensatory Mitigation/Environmental Stewardship projects

This status report will be presented prior to the Planning Board consideration of the
transfer of parkland for Contract A (agenda item #14 on the 3/8/07 agenda).

SECTION A. PARKLANDPROPERTY TRANSFERS

The Planning Board's Agenda item #10 for March 8 includes the staff recommendation
to transfer approximately 28 acres of property to State Highway Administration. Per the
ICC Record of Decision, the parkland property transfer will be mitigated by an exchange
of properties between the two agencies, including those that the Planning Board
determined in September 2005 to be fair compensation for parkland needed for the ICC.

Background information is provided in attachments to this memorandum:

. Attachment One contains Chairman Berlage's September 21, 2005

correspondence to SHA Administrator Neil Pedersen supporting the parkland
transfer,
. Attachment Two is the tabular parkland replacement outlined in the ICC Record
of Decision

Exhibit 1 summarizes the property transfer process and schedule between SHA and the
Commission. The key element in the property transfer schedule is that on most of the
properties SHA is committed through the Record of Decision to implement either
compensatory mitigation or environmental stewardship projects on these properties.
Staff continues to recommend that the properties remain in SHA ownership during the
completion of these projects and that we accept the property only aftertheprojectshave
been successfully completed.

8787 GeorgiaAvenue,SilverSpring, Maryland20910 Director'sOffice:301.495.4500 Fax:301.495.13lO

www.MontgomeryPlanning.org
 Exhibit 1. M-NCPPC Property Transfer Process and Schedule
Schedule

July 2006

87 Cash payment of approximately $7.5M March 2007

easement March 2007

Summer 2007
easement, includes Trolle Museum site Summer 2007

2007
2007

23 SHA owns the property. M-NCPPC and SHA coordinating on facility planning process -2009
for recreational park, including five ballfields to be provided by SHA. Construction of
those ballfields ex ected to take a roximatel two ears.
Peach Orchard 118 SHA owns the property. Site restoration and reforestation process and establishment -2010
Allnut Pro e ex ected to re uire a roximatel three ears.
Casey Property at 459 SHA currently III acquisition process. Subsequent reforestation process and -2010
Ho les Mill establishment ex ected to re uire a roximatel three ears
Unused SHA 8 SHA owns property in Upper Paint Branch SVP acquired prior to 1981 master plan -2011
roe ali ment ad'ustment.
Unused SHA Unknown Through the use of incentives in construction contracts, it may be possible to reduce the -2011
property post- roadway construction footprint so that land could be offered to the Commission at the
construction com letion of construction activities

I Planning Board approval 2!l5/07, Full Commission action scheduled 3/2l/07

2 Planning Board action pending, 3/8/07, Full Commission action would be scheduled for 3/21/07
SECTION B. ENVIRONMENTAL MANAGEMENT TEAM STAFFING

Our Environmental Management Team (EMT) representative, Tom Hay, has accepted a
promotional opportunity within his corporation with different work program
responsibilities. The study team is therefore working to establish Tom's replacement and
transition activities. As was the case with bringing Tom on board during spring 2006, the
ICC Corridor Partners are identifying candidates for our staff to interview so that we can
select an appropriate replacement for this very important role.

SECTION C. PROJECT SCHEDULE AND NEXT STEPS

The presentation of the project schedule and next steps is presented in four sections:

. Contract A (1-370to MD 97)

. Contracts Band C (the remaining ICC roadway projects in Montgomery County)
. The National Capital Trolley Museum relocation
. Compensatory Mitigation and Environmental Stewardship (CM/ES) projects

Attachment Three summarizes the Planning Board's ICC briefing schedule since 2003.

Contract A

Bids for Contract A were due December 19, 2006. SHA is in the process of reviewing
the proposals to select a design-build contractor. SHA expects to award a contract
shortly and a Notice-to-Proceed would likely be issued within 45 days of contract award.
Recent pre-award activities by SHA have included continuing archeological,
geotechnical, and utility investigations.

On February 26, 2007, DPS issued a concurrence statement that the SHA process to
establish water quality criteria in the Upper Rock Creek SPA meets the intent of the
Montgomery County code for water quality plan requirements. Attachment Four
contains the DPS concurrence statement. Planning staff is developing details for
submission materials for our review, per the agreement discussed during Status Report
#5, that will provide additional detail not contained in the January 2007 Mandatory
Referral Package for the Upper Rock Creek SPA. Some of the needed information will
only become available after the selected design-build contractor prepares more detailed
plans.

Contracts B and C

Contracts B and C cover the portion of Montgomery County east of Georgia Avenue
(MD 97). Contract C includes the US 29 interchange and the 1-95 interchange in Prince
George's County and will be the second contract in the phased implementation of the

3
 --- - - --- - - --- - -- u- --u

ICC. Contract B includes the area between Georgia Avenue and US 29 and will be the
last of the Montgomery County portion to be constructed.

The anticipated dates for issuance of the Request for Proposals are March 2007 for
Contract C and late fall 2007 for Contract B. Recent activities by SHA have included:

. Development of the RFP for Contract C. The RFP specifications are based on
those developed for Contract A.
. Resolution of the Cross Creek Club property impact associated with a slight
realignment to Briggs Chaney Road. As discussed with the Planning Board at
project status reports during fall 2006, all parties now concur that the most
practical approach to the realignment is for the Cross Creek Club to complete its
full park dedication prior to SHA property acquisition. This process will
introduce a Contract C parkland transfer process of approximately 0.15 acres
(previously there were no parkland impacts in Contract C).
. Investigation of a modification to the 1-95 interchange that would shift the
roadway slightly north and relocate ramps- to reduce impacts to wetlands
associated with sand and gravel quarry operations. This modification would not
affect the design in Montgomery County.

National Capital Trolley Museum Relocation

All three involved parties; M-NCPPC, SHA, and the National Capital Trolley Museum
(NCTM) continue to pursue a process to expedite the planned museum relocation. The
process will include a three-party agreement so that SHA can base funding levels on the
cO,stof a functional replacement, NCTM can design and construct the replacement, and
M-NCPPC will continue in our role as property owner.

In December 2006, SHA advanced $lOOK to NCTM to pursue design work for the
planned relocation. On January 5, 2007, NCTM held the first design meeting with staff.

In February 2007, SHA and NCTM agreed on an acceptable funding package, subject to
approval of a written agreement by NCTM board of trustees. Also in February 2007,
SHA delivered the site topographic survey, which will allow the NCTM railway designer
to begin work on the relocated rail loop adjacent to the ICC right-of-way.

The three-party agreement and the development agreement update are in progress. In
March 2007, the PDF will be transmitted to the Executive and Council and NCTM will
share the concept plan with staff for our review. Also in March 2007, construction will
begin on the long-awaited new carbarn.

Staff will provide a more detailed summary of this project for the Status Report #7, to be
scheduled in April.

4
Compensatory Mitigation and Environmental Stewardship (CWES) Proiects

The ICC ROD contains some 90 individual CM and ES projects. SHA has developed a
schedule for taking each of the projects from the conceptual stage through to the
development of bid documents. Both Parks Department and Planning Department staff
are involved in the review and development of each of these projects, with a greater role
for those projects affecting park property. Highlights of current CM/ES project activities
include:

. Llewellyn Fields park development: Staff has developed a Program of

Requirements for the park site to incorporate both the five ballfields to be
constructed by SHA as required by the ICC ROD as well as additional amenities
that would be constructed by M-NCPPC in a second phase of park development.
Initial review of facility need suggests that we may ask SHA to lobby the FHWA
to change the mix of ballfield types (diamond versus rectangular) specified in the
ROD. Staff will provide a more detailed summary of this project during Status
Report #7 to be scheduled in April, with a concept plan presented to the
community and the Planning Board by June.
. Stream restoration projects: Staff has participated in preliminary investigation
meetings for first three stream restoration projects for tributaries of the North
Branch of Rock Creek. These projects are likely to be packaged together for a
mandatory referral during late spring 2007
0 Cherrywood Manor Tributary (NB-I)
0 Williamsburg Run (NB-2C)
0 Manor Run (NB-3)
. Special Protection Area best management practices sites: The first set of sites for
implementing stormwater management best management practices in the Upper
Paint Branch SPA consist of reconstructing grassy swales to provide bioretention
areas. These sites are generally on or adjacent to parkland along the Left and
Right Forks of the Upper Paint Branch or the Gum Springs tributary. These
projects will likely be packaged together for a mandatory referral during late
spring 2007.

5
 A TTACHMENT ONE

.. THEMARYLAND -NATIONAL CAPiTALPARKAND PLANNING COMMISSION

Office of ~r.e C'iOlrmon, Montgomery County P/enning Boord

September 21, 2005

Sell J. Pedersen
Administrator
SUte Highway Admimstratlon
"70; N. Calvert Street, C--400
Baltimore. ?\.faryland 21203

Re: ICC Section 4(0 Mitigation

Dear lli. Pedersen:

The ~1ontgomery County Park and Planning Commission (M-NCPPC) appreciates the
opportunity to comment on the mitigation for parkland being required for the Intercounty Connector
nCC). v.;e take our obligation as stewards of the 33.000-acre ~fontgomery County park system seriously.
Our predecessors established a system that is admm:d throughout the nation. We believe that the state has
presented a mmgatJon package that mamtams the integrity of the park system.

The ICe has been recommended in :VfasterPlans and the General Plan in the County for decades.
Pursuant to those Plans and ArtIcle 28 of the Annotated Code of ~larylarld, M-NCPPC has been
purchasing land for the purpose of assunng nght-of-way for the ICC since the 1970s. The constructIon of
the ICC ISreq:.JJredto meet the transportation needs of the county and the region. We recognize that the
state, while: working toward that purpose. is gomg to exceptlOnal lengths to mmirrnze impacts to the
environment and to owned land by ~-NCPPC.

We appreciate the cooperatIon oithe ~laryland Department of TransportatJon In avoiding arid

mmimlzlng impacts. even betore we got to the Issue of mitigatJOn. Yau have a preference for Rock Creek
Option C which aVOIdsLake Needwood. and Option A through ~orthwest Branch (which crosses the
stream at respectful angles). and have agreed to underground stonnwater management through the Upptr
Rock Creek and l'pper Pamt Branch Special Protecuan Areas. 'Your concern for the mtcrests of the park
system IScommendable.

First. we:have examined the land you wIsh to acqUIre from our park system. The follo'wmg table
:rom our staff report IndIcates ~he~uantl:atl\'e r::easures ..:nt:caJ to our evaluation of the 1111tigation
package.

,V1cntgomery Ce\.Jr~rrPfonning Becro. 8767 Georg:c l-/eru6. SilverSpring. tv1cryiond 20910

;:'..,;~re ,'3C1) 495-46C:. ,C:cx,'301.) 495-132C. ::-"""'0'; mcp-enc!rr'1cr,@rr:ncppc-rr:c.crg. ',vINJ.mncppc-me org
./~-----....

( .--.----
1- t )
---/
 ~eil J. Pedersen
September 21, 2005
Page 2

IMPACTED :\1-NCPPC SECTION 4(F) LA.ND

Based on Maryland DOT Right-of-Way and M-NCPPC GIS

!
Park Section 4(f) I
Interior Active I Zoning I
Environ-
Land II Forest Recreational mcotal
' !
Amenities ButTen !
(Acres) Impact I
(Acres) , i
!
I !vhllCreek Stream Valley 2 I I None R-90, R-200 2 I
I T I
Ii None IRE-I, RE-2, 2
RockCreekReglona; ! I
j I I R-lOO, R.C
Norrh Branch Stream Valley IS ! 39 None: IRE-I, RE-l 8
I I
Layhill Local 3 0 I Soccer Field I RE-2, R-200 I
i orrhwest Branch Recreanonal 22 0 1 Softball Field RE.2, R.200 10

Norrhwest Branch Stream Valley 24 68 II None RE-l, R-200 16 i

, Upper Pamt Branch Stream Valley 6 I 56 None RE-2, RE-2C, 4

I ,
R.200
i
I
,
TOTALS 82 ' 181 :1Fields 43
i i

The standards we have established for mitigation are based upon the Memorandum of
Understanding (MOU) betWeen M-NCPPC and the State Highway Administration. We seek land of at
least equal value. at least equal acreage, and equivalent envIronmental value. The MOU was not based
specifically upon Section 4(£) but on total lands acquired and impacted. There is no definition of
environmental equivalency, so we have used interior forest as the most significant measure. Interior
forest is the forest surrounded by at least 300 feet of buffering forest. The ICC requires the use ofparks
whose principal purpose is conservation. Being certain that we have no net loss of forest interior is a
cntical factor 10our satisfaction with the mitigation package. We have also reviewed the combined
extent of stream buffers, steep slopes, erodible soils, and wetlands (indicated in the table above as
environmental buffers) to satisfy ourselves of environmentally equivalent land. Final1y, we have a
parricular desire to obtam land WIth10the Paint Branch Special Protection Area.

We find that your offer to mitIgate 82 acres that you require for the ICe with 698 acres of the
Casey, Llewellyn, Dungan, McNeill, Southern Asia, and Peach OrchardiAlnutt properties meets and in
many aspects exceeds the land compensation necessary. The Dungan property is unique in that the
County ~1aster Plan anticipates that property coming to the park system by way of a possible subdivision.
That evenruality would still result 10 a sufficIent compensation package for ICC impacts to parkland. We
'Willwork with you YOensure that the Dungan property WIll be added to the park system as part of the ICC
Section 4(£) mitigatIon. We will be recelv1ng 206 acres of intenor forest in exchange for 181 acres
impacted. We will be receIving 157 acres of environmentally sensitive land in exchange for 43 acres
impacted.

We have been less focused on the total acreage of land and more focused on the land's attributes.
In particular our requirements are disproportIonate to the dIrect park loss in the Paint Branch watershed.
This is in recognition of the watershed's hIgh qualIty. We believe your mitigation package described
above addresses that concern.

~
 Neil J. Pedersen
September 21, 2005
Page 3

J\HTIGA TION SITES

! Prope' Land Environ- '' Interior Active i Zonmg Adjacent

Area mental I Form Recreational , to
i I

, (Acres) Buffers Area Amenities I Exisdn&

I I
I (Acres) (Acres) i
Parkland
I ,
459 I )0) 205 I
None RDT Yes
Casey Property at Hoyles I
Mill I
I I
I
0 I ' Yes
Ue"oo\.'ellyn Property 23 0 Replacement ! RE-2C
I Fields I
!
,
Peach Orchard Alinul
I
118 29 ) None ' RE-I Yes
I I
I
Propeny I I !
Southern Asia AdventiSt J 23 II 0 None i RE-) Yes
Property I I
I
McNeil) Property 30 16 0 None RE.) Yes

Dungan Property North 45 II 6 O

!
None RNC Yes
I
TOTALS 698 I 163 206 ' Multiple fields I

We also have a concern for the park system as a whole. The Casey Property at Hoyles Mill is the
single best natUral resource addition that can be made to the park system. It is a highly valued
replacement for interior forest.

I must note that Commissioner Wellington believes that the definition of parkland is inadequate
and that, inter alia, the criterion of "forest interior loss" does not satisfy the environmental equivalency
standard required by the MOU betWeenour agencies. As she came to the conclusion that the land offered
in mitigation is not the environmental equivalent of the land taken, she did not vote in favor of the
mitigation package.

We appreciate your willingness to address our concerns. We appreciate your commitment to

replacing the recreation facilities that will be impacted by the ICe. We recognize that the exchange of
land is contingent upon the selection of Corridor 1 in the final record of decision of the ICe. As partners
in seeking a hIgh quality of life for the residents of Montgomery County, we appreciate your commitment
to the elements of the mitigation package above, which results in a mitigation ratio of 8.5 to 1.

Sincerely,

~'~fJ
~erlage . ~[y
Chairman

DPB:JZ:ss
cc: M. Wel1ington

@
 ATTACHMENT TWO
Table 5

Property Acres Description

The Dungan Property North would provide 44.9 acres of replacement parkland adjacent to existing parkland
in the North Branch Rock Creek Watershed. This property would provide stream valley protection, passive
Dungan 44.9 acres recreational opportunities, and community open space. It contains 738 linear feet of streams, 20 acres of
Property North
forest, and 24.5 acres that would be reforested by SHA. Once reforested, there is potential in the future for up
to 87 acres of new FIDS habitat on site and on adiacent lands in North Branch Stream Valley Park.
The Llewellyn property would provide 23.2 acres of replacement parkland adjacent to the Northwest Branch
Recreational Park. The property would include construction of four baseball/softball fields, one soccer field,
Llewellyn 23.2 acres onsite parking, and restrooms. The replacement fields would be superior in quality than the existing fields
Property because they are located in upland areas that are less prone to flooding. Access to these replacement fields
would be provided directly from MD 28, which is also an improvement over access to the existing fields from
Layhill Road and Bonifant Road. This property would also provide 3 acres of reforestation land.
The Peach Orchard Allnut property would provide 118 acres of replacement parkland in the Upper Paint
Branch Watershed. This site would provide stream valley protection and passive recreational opportunities.
Peach Orchard The Peach Orchard Allnutt site would provide 15.9 acres of wetlands, 2,100 linear feet of streams, and 28.3
118 acres
Allnutt Property acres of forest. There would also be approximately 90 acres of potential reforestation land and 67 acres of
potential future FIDS habitat. Also, because it is at the headwaters of the Paint Branch, it would serve to
protect this portion of the stream.
The Santini Road Properties would serve to protect undeveloped land in the sensitive Rocky Gorge
watershed, thereby providing stream valley protection, passive recreation, and community open space in this
Santini Road portion of the County. Though not directly adjacent to the T. Howard Duckett Watershed Property, these
49.2 acres
Properties properties would be conserved as parkland and protected from future development. Therefore, they would
continue to offer additional protection for the T. Howard Duckett (Rocky Gorge) Reservoir. These sites
contain 35.2 acres of existing forest and an additional 14 acres would be reforested.
The Southern Asia Adventist Property would provide 23.2* acres of replacement parkland in the Upper Paint
Southern Asia Branch Watershed. The site would provide stream valley protection and passive recreational opportunities. It
Adventist 23.2 acres* contains extensive areas of stream valley buffer and good quality forest. It also contains the critical
Property headwater wetland complexes of the Left Fork of the Paint Branch. These features would be protected by
converting this land to parkland.
The McNeill Property would provide 36.2* acres of replacement parkland in the Upper Paint Branch
Watershed. The site would provide stream valley protection and passive recreational opportunities. It
McNeill
36.2 acres* contains extensive areas of stream valley buffer and good quality forest. It also contains the critical
Property
headwater wetland complexes of the Left Fork of the Paint Branch. These features would be protected by
converting this land to parkland.
The Casey Property at Hoyles Mill is located outside of the ICC Study Area, near Poolesville in Montgomery
County. This site, which would become public parkland, would add an additional 459 acres to the park
system adjacent to several existing parks including Seneca Creek State Park, South Germantown Recreational
Casey Property 459 acres
at Hoyles Mill Park, Little Seneca Stream Valley Park and.Hoyles Mill Conservation Park. Preservation of this property will
add over 340 acres of existing forest and 214 acres of existing FIDS habitat to the park system. There is
approximately 118 acres of open land that may be available for reforestation, which could also help increase
the FIDS habitat to approximately 340 acres on site.
Unused DTA in
Northwest -
The unused portion of the DT A in Northwest Branch Stream VaHey Park Unit 5 would be converted to
Branch Stream 21.3 acres parkland adding 21.3 acres to the park. The conversion of this land would protect land adjacent to the
existing park that has many of the same natural features and passive recreational functions as the adjacent
Valley Park -
Unit 5 parkland.
SHA-Owned
Unused DTA The unused SHA-owned DTA adjacent to Upper Paint Branch Stream VaHey Park will be transferred to M-
to NCPPC for incorporation into the park. This area includes forests, wetlands, streams, and FIDS habitat. It
Adjacent 7.6 acres
Upper Paint was originally acquired by SHA for the ICC. It is not needed due to a change in the corridor for the ICC on
Branch Stream the M-NCPPC's Master Plan in 1982. For further information about this 7.6-acre parcel, see the Addendum
Valley Park to the Section 4(t) Evaluation, which is attached as to this ROD as Attachment G.

782.6 acres
(total); * The total of the properties listed above is 782.6 acres. However, it is expected that approximatelysix acres of
TOTAL land (total) locatedon the SouthernAsia Adventistand McNeillPropertieswould be reserved for the plannedwideningof
776.6
MD 198. Whenthis acreageis subtracted,the net total is 776.6acres"
(net)*

25 SHA has committedto transferthe unusedDesignated

Transportation
AreadescribedinthistabletoM-NCPPC
lthe 21.3 acres in Northwest Branch Stream Valley Park and the 7.6 acres adjacent to the Upper Paint Branch Stream Valley
Park). In addition it may be possible, in several parks, to use less than the entire Designated Transportation Area. SHA will
include incentives in construction contracts to minimize the use of land within the Designated Transportation Areas. If such
lands are available, they will be offered to M-NCPPC after construction of the ICC has been completed. See Item # 159 in
Attachment A (Summary List of Project Commitments) to this ROD.
109

~--
~~
 - - --- - d_--.

ATTACHMENT THREE

Intercounty Connector
Planning Board Briefing Schedule

March 8, 2006

PART I. ICC STUDY

Prior SHA Activities
. Scoping Public Open Houses - June 2003
. Alternatives Public Workshops - November 13, 15, and 19,2003

County Council Activities

. Comment on ARDS per November Public Workshops - December 1,2003

Study Briefmg # 1 - January 22, 2004 (2.0 luiurs-no public testimony) -.

COMPLETE))
Topics:
. Review ICGStudy.Backgtoutid and Schedule
. Review Draft Alternates Retained for Detail~d';Study(A-RDS).
. Review County Council Comment~QqARDS. .

. Review 1989 Memorandum of Unq,erstanding (MOU) with ~HA. re: parklAAd.

impacts - ."
. Review M-NCPPC.staffinv9Ivement inSHA sttig.y

Interim SHA Activities

. ARDS selection - February 2004
Study Briefing # 2- March 4,2004 (1.5 hours - no puBlic testimony) -
COMPLETED -
"Property Owner" topics "Planning I Zoning Authority" tOpIcs
. staff proposal defIning how "equal . Review.proposedbnefmg schedule
quality"parklandwill be assessedper (Yalladares)
MOU(Hench) .. Confirmationthat PlanningBod
. Means by which park .owner process "dovetailswith SHA process
statements can influence Section 4(f) (SHA)
impacts analysis (SHA) . Update on selected ARDS pckage
(SHA), response to Council I Board
comments

icc mcpb 030807 attachment three briefing schedule

Page 3-1 of 3-7
 _n-- - --
n - - u __u_n-

Interim SHA Activities

. Draft Environmental Stewardship materials - March 2004
. Expert Land Use Panel Analysis Findings - June 2004
. Draft Travel Demand Analysis materials - April 2004
. Draft Cultural Resources Effects materials - May 2004
. Preliminary Draft Socioeconomic and Land Use Technical Report - 10 May 2004.
. Preliminary Draft Noise Quality Technical Report - 10 May 2004.
. Draft Section 4(f) Evaluation materials -May 2004

Stud Briefin # 3 - June 3, 2004 2 hours -,. no ublic testimon - COMPLETED

"Pro e Owner" to ics "Plannj.n J Zonin Authori "to' les
. ,Review of SHA Draft Section 4(f) . Review RF9PQsedbri~fingscheduie
Impacts report' (Yallad.ar~s)
. Staff proposal for candidate . :ReviewSFlA~sinterim draft tecBnic~
replacement parklands that would satisfy reportfiiidings
MOU (Hench) .'
Review ~Q.virQl11Ilen¥1lSt~YVardship';1
. Staff proposal for Sec'ti9n4(f) impacts prpcess and findings
analysis . Staty,proposalfor poUcyguidance on
'bafancing napn-a}.,/cultuhifI coIrlIliUnity
l'e~oqr9~.protection'aAd~nb~c~rf1eQ.t

Interim SHA Activities

. Public Informational Update Meetings - June 2004

. Draft Natural Environmental Technical Report - June 2004
. Draft Air Quality Technical Report - June 2004

Study Briefing #'4 - July 15, 2004 (4 hours) ,.,tOl\fl>LETED

Include Public Testimon' on Staff RecomlQ.en<fatiQns.
"Pro e . Owner" to ics"Plannin" IZonin Authori "to jcs
. Planning Board comment to SHA .keviewptoposea briefl11gscliedtiie
on staff proposals for MOU and (Yalladares)
candidate replacement parkland .
Planning Board comll!e~t t() SU:A.,
on staff, proposals for policy guidance
on balancing natural! cultural!
community resource protection and
enhancement
. Review SHA's interim technical
report findings
. Review Environmental'Stewardship
ifOcess and fmdinlZs

icc mcpb 030807 attachment three briefing schedule

Page 3-2 of3-7
 ---pU--- n---

Interim SHA Activities

. DElS Publication - November 22, 2004

. Joint Location, Design and Corps of Engineers Section 404 Public Hearings -
January 4, 5 & 8, 2005

Study Briefing # 5 - January 13,2005 (2 hours - no public testimony)-

COMPLETED
Owner" topics "Plannipgl ZOn!pgAuthority"topics
. Review draft 4(t) findings . ReviewbEIS summaryo,ffindings
. Sta:tfproposal on parkland thitigation . All;~~ityeonforipi,ty/9QG
concepts [or inclusion in FElS (both . ReYiewSHAPubIic Flearings --

Corridor 1 and Corridor 2) . -Present menu 'of dptiOIls for Preferred

. Parkstaffmg impacts Alternative
. FY 05 & 06 Operating aI14elP .,Planning BQ~4-cQQ1IDent Qn ;
Budget/Work Program imp!lc1s ad4itiopal supplemeI1tarY}i1f9,rmaiion
requested of staff for Bdefing'#6.
.. Review proposed briefmg schedule

Interim SHA Activities

. Joint Location & Design / Section 404 Public Hearing - January 29,2005

Study Qrietlng # § -February 3,2005 (4~ffl!ourS).;..-eQMPLJ~YI:E»

Include Public Testimon on Star(PreferredAlternativ~ RecoQlDlendatlons
"Pro e dWner" to ics "Rlannili i,Zoriin Au(I1ori' ".to' ics
. Asnec6ssary , PI3iiqJpg
BoardrecolnJllehdations
on Preferred AItematiye.
. Review proposed briefing schedule

Interim Activities

. Conceptual Mitigation Package to IAWG - March 2005

. Preliminary FElS preparation - May 2005
. Identification of State Preferred Alternative - July 11, 2005

icc mcpb 030807 attachment three briefing schedule

Page 3-3 of 3-7
Interim Activities

. FEIS Publication - January 3, 2006

. FHWA Record of Decision - May 29, 2006
. COE issues404( C) permit- June 13,2006
. MDEissuesnon-tidalwetlands,waterwayconstructionand 401permits- June 23,
2006

icc mcpb 030807 attachment three briefing schedule

Page 3-4 of3-7
-- - - - ' - -- --" "

PART II. ICC PROJECT

MCPB Resolution 06-61-:July 6, 20,96- CQMPLI£TED.

Include Pui)lic Testi~on);' cm~M{F !?rop~rty :J;ransf~r
Fourteen ALARF parcels pee4~'d.iP their eI#ir~tYfot;,1b~,JCC

.. ., '. '.- .. . ..,~".. "', . '. ,., '" . - ."., " '. '.-C='=C'~h==.~iT' ~

I,{:~ .~r;9h~~t.Mf'ndat.~ryll~f~rpd~ "Illy 1~;.2,006-~CQl\V~)j}TE" ;!!

MR 068J~9-SHA-l'- Public Testimon--- ~

Ice ProJ;-~et-Mal1i~lo ry' Re(ernthJUl

. .- , y-- 20=
..'
,'2006~~oMPLETE]J
." . _c. '1\- .. '"
.

.M~nd~toryR~ferraIMR'0~809-~1IA~1 ,"Pis~fts$io~~t"j,,;;-,. " «" ..," .

. . spip,mariz~di1i 1,5s~'corRments~
StaJIrec91J1me.n4~~ions ~th 77c'o:m'inet1tS~
ift.AttaCfunentB ~. .; 'f: '.

. Plaml1ngBoard added 16thcondition to continue rn<5nthly-s~t:P~Ue.R()tllniefin

'StaPi,~.JI~porl~J-:September 2l~~0(j6 ,-; MPLE'tI.tb' ..~~., .

'Most.'elements of oriefiilg de.feiTe.4from epternbet; UK.20Q6 rQwi4t~bJe.

.I~roject ~ri~finif 1:..sepieD1~et~~2006~~:~e~-

Include ~ublic ~ ~stimony-oii'll~~ing I;bni~s_,of
Stati.on 324

Interim Activities

. SHA response to Planning Board's mandatory referral MR 06809-SHA-l

correspondence

Status Report #i2.Qctob~r 26, 700~,J;~OMPLf¥T~D

Interim Activities

. SHA completes final Contract A RFP Addendum

icc mcpb 030807 attachment three briefing schedule

Page 3-5 013-7
- u --

MCPB Resolution December 7, 2006 T~LED, -

IncludePutilic T~stimo~yon ALARF."Prop~rty'1lnnsfer,
Remainingportions-of ALARFparcelsneededfh!"theICG z

Status 'Report #3 -.December 7, 20Q6- CeMPLETEI1 '.

8HA response to mandatory refemuconditions

, 'cotfunitnlents

Status ,Report #5--]iebrU~tY8,20(l7"",cdMPLFJ~" ',.7

D!!:?-9qssiQllQfteqltWqal it~111:?UQ111tabl~<i peceIht;~r 7, '2()Oo"ies~iQll

MCPIJ-Itesofutloo:'
-Fe~ruaryUf5,i(ij)'l~;COM~LEfiD:;
Resunipti~n.of
+ - "
ta61~d:1217/P6
K '. agenda
, , . jte~-
- " ':,' -'~
-', , <', -,'
R<ID1romng.
po.n~o~ qfALARF pa,reels,ne~ded fot tije ;~CC ;;r

Status Report #6 - Tentatively scheduled for March 8, 2007

MCPB Resolution - March 8, 2007

Include Public Testimony on Park Property Transfer
Transfer of parkland from M-NCPPC to SHA for Contract A

Continuing status reports as warranted by events or associated with related

Planning Board actions

MCPB Resolution -Summer 2007

Include Public Testimony on Park Property Transfer
Transfer of parkland from M-NCPPC to SHA for Contracts B and C
Includes agreements regarding all replacement property transfers from SHA to M-
NCPPC

ice mcpb 030807 attachment three briefing schedule

Page 3-6 of 3-7
PART III. ICC MITIGATION/STEWARDSHIP
PROJECTS

Proj~ctNW-12~ - JUi)'13;2006S;-C(tMPEETEQx 7l~-

Mandatorv Referral MR 06903-SHA-l on..1Vetl~nds;'~reatioJ1$ife

Future mandatory referral reviews to be scheduled during 2007.

icc mcpb 030807 attachment three briefing schedule

Page 3-7 of3-7
 --- ------

ATTACHMENT FOUR

DEPART~NT OF PERMITTING SERVICES

Isiah Leggett Reginald Jetter

COunty Executive February 26,2007 Acting Director

Ms. Kanma Pujara, Chief

HighwayHydraulicsDivision
MarylandDepartmentof Transportation.
State HighwayAdministration
707 North Calvert Street
Baltimore,Maryiand 21202

Dear Ms. Pujara:

The Departmentof PermittingServices(DPS)concursthat the process used by the State

HighwayAdinini,stration(SHA)to establishcnteria for the proposed IntercoUiltyConnector
(ICC) meets the int~ntof water qualityplan requirementsfor swnnwater managementap.d
sedimentcontrolin the Upper Rock Creek SpecialProtectionArea (SPA), Montgomery'County
Code,Chapter19,ArticleV. . .

This concurrenceis based on a reViewof the substlntial amouIitof dOcumentation

submittedand the interactionswith SHA (includingconsuU:ants),the MontgomeryCounty
PlanningBoard and staff, county agencies,and the FederalHighway Administra.tion.A Separate
DP8 concurrencepertaining to the Upper Paint BranchSPA will be ~ven lipon review of that
8HA processto establish criteriathat meet the intentof water ~ualityplan requirements.

As you know,the PlamrlngBoard and localagencyparticipat10nwillcOlitinuethrough

the maridatoryreferralprocess and DP8 will alsoremain involved. ffyou have questions or
commentsplease contact Rick Brushat 240-777-Q343~. .

~~
~C .Iy, .

... ..
:
. H.-..

Re .-. d ett _
-- .
.-
. .

Acting Direct r '..

RJ:dm

cc: Stan Wong, DPS

Rick Brush, DPS
Fariba Kasirri, DEP
- -- Edgar Gonzalez, DPWT- - -.- -

Robert Simpson, DPWT

Mary Dolan, MNCPPC
Dan0 'Leary,NMPEngineeringConsultants,!nc
~~'''''~-4'~

~.t5' .~
* IiiiI' *
C'°-itMu"t

255 RockvillePike, 2ndFloor. Rockville,Maryland20850-4166. 240/777~6300,240/777-6256 TrY

~ ~
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