I-495 & I-270 Public Hearing Online Presentation

What Are Managed Lanes?

• Highway facilities that use strategies, such as lane-use restrictions or congestion pricing, to optimize the number of vehicles that can travel the highway to maintain freeflow speeds and keep people moving.

What Are HOV Lanes?

• Separate and dedicated lanes for carpool vehicles.

• Lanes are not tolled.

What Are HOT Lanes?

• Dedicated managed lanes within highway right-of-way that single-occupancy vehicle (SOV) motorists may use by paying a variably priced toll. High-Occupancy Vehicle (HOV)-eligible vehicles may use HOT lanes without paying a toll.

• Toll payments may vary by time of day and level of congestion.

What Are Express Toll Lanes (ETLs)?

• Dedicated managed lanes within highway right-of-way that any motorist, regardless of vehicle occupancy, may use by paying a variably priced toll, depending on time of day and level of congestion.

What Transit Elements Are in the Build Alternatives?

• Free bus usage in the managed lanes to provide an increase in travel speed, assurance of a reliable trip, and connection to bus transit on arterials that directly connect to activity and economic centers.
• Access (direct and/or indirect) to existing transit stations and planned Transit-Oriented Developments will be included at the following:
  • Shady Grove Metro (I-370)

  • Twinbrook Metro (Wootton Parkway)

  • Montgomery Mall Transit Center (Westlake Terrace)

  • Medical Center Metro (MD 187 and MD 185)

  • Kensington MARC (MD 185)

  • Silver Spring Metro and MARC (US 29)

  • Greenbelt Metro and MARC (Cherrywood Lane)

  • New Carrollton Metro, MARC, and Amtrak (US 50)

  • Largo Town Center Metro (MD 202 and MD 214)

  • Branch Avenue Metro (MD 5)

What Other Transit Initiatives Are Being Considered?

• A Transit Work Group, with representatives from transit providers from Montgomery, Prince George’s, Frederick, Anne Arundel, Charles, and Howard counties and representatives from MDOT SHA, MDOT Maryland Transit Administration, FHWA, Federal Transit Administration, Metropolitan Washington Council of Governments, and Washington Metropolitan Area Transit Authority, works together to collaboratively identify opportunities to enhance transit services on the proposed managed lanes and create an interconnected transit/highway system in the National Capital Region.

• The Transit Work Group report is available on the P3 Program website.

Where are the Proposed Interchanges and Managed Lanes Access Locations?

How Will the Managed Toll Lanes Work?

• The tolls would be collected electronically at highway speeds, with no toll plazas or toll booths.

• Toll rates would be adjusted dynamically within the approved toll rate range and could change in response to real-time changes in traffic conditions every 5 to 15 minutes to manage traffic flow and maintain a minimum average operating speed of 45 mph.

How Will the Toll Rates Be Set?

• Toll rate ranges will be set as required by the Code of Maryland Regulations (COMAR 11.07.05, Public Notice of Toll Schedule Revisions).

  • Toll rates will be developed to manage traffic flow.

  • Toll range will include upper limit on toll rate per mile.

  • Public hearings for the toll rate range will be held in each county in which a toll is proposed to be implemented.

  • Public will have minimum 60-day comment period, anticipated for 2021.

What Will the Toll Rates Be?

• DEIS does not recommend final proposed toll rate ranges; however, potential toll rates were estimated to meet the goals of the project and to determine if the Build Alternatives would be financially viable.

• For planning purposes only, the estimated opening year (2025) average weekday toll rates per mile (in 2020 $) for all time periods for passenger cars using an E-ZPass transponder were:

How Will the Build Alternatives Improve Travel Time?

HOT/ETLs would offer RELIABLE free-flow travel at or above 45 mph.

• Average travel speeds (mph) and travel time (minutes) in the general purpose (GP) lanes for each Alternative are shown for four common weekday commute trip pairs in 2040. Data for managed lanes (HOT/ETL) are common to all Build Alternatives.

• Annual savings per commuter quantifies the time savings per person compared to the No Build condition, assuming 260 commuting days in a year.

Commute from College Park to Bethesda (AM Peak Period) Commute from American Legion Bridge to ICC (PM Peak Period) Commute from Suitland to Greenbelt Metro Station (AM Peak Period) Commute from Silver Spring to Rockville (PM Peak Period)

What Environmental Resources Were Analyzed?

The DEIS and Supporting Technical Reports

The DEIS presents the environmental resources identified along the study corridors, the anticipated effects to the resources, and measures to avoid, minimize, and mitigate unavoidable effects to those resources. The environmental resources and topics analyzed were:

• Land Use and Zoning

• Demographics

• Communities and Community Facilities

• Parks and Recreational Facilities

• Property Acquisitions and Relocations

• Visual and Aesthetic Resources

• Historic Architecture and Archaeological Resources

• Air Quality

• Noise

• Hazardous Materials

• Topography, Geology and Soils

• Waters of the US and Waters of the State, including Wetlands

• Watersheds and Surface Water Quality

• Groundwater Hydrology

• Floodplains

• Vegetation and Terrestrial Habitat

• Terrestrial Wildlife

• Aquatic Biota

• Rare, Threatened and Endangered Species

• Unique and Sensitive Areas

• Environmental Justice

• Indirect and Cumulative Effects

• Consequences of Construction

• Commitment of Resources

What Avoidance and Minimization Opportunities Have Been Considered for Effects to Environmental Resources?

• At this stage in the NEPA Study, opportunities to avoid and minimize impacts to the following resources have been coordinated with the regulatory and resource agencies and have been incorporated into the Build Alternatives:
  • parklands
  • wetlands
  • wetland buffers
  • waterways
  • forests
  • FEMA 100-year floodplains

• Impacts were avoided or minimized to the greatest extent practicable at this stage of the Study, and avoidance and minimization techniques were further advanced in some areas of sensitive or recreationally valuable resources.

• The effort to avoid, minimize and mitigate unavoidable impacts will continue through ongoing and future coordination with the applicable regulatory and resource agencies and be documented in the FEIS.

Examples of Results of Minimization Efforts

• Rock Creek: reduction in parkland impacts of approximately 10 acres and reduction in stream impacts by 3,287 linear feet
• Thomas Branch: reduction in stream impacts by 592 linear feet
• Paint Branch Mainstem: reduction in stream impacts by 2,393 linear feet

• Initial LOD
• Current LOD

What Are the Section 4(f) Regulations?

• Section 4(f) of the US Department of Transportation (USDOT) Act of 1966, as amended (49 U.S.C. 303(c)) is a Federal law that protects publicly owned parks, recreation areas, wildlife and/or waterfowl refuges, or any public or private historic sites.
• Section 4(f) applies to all transportation projects that require funding or other approvals by the USDOT.
• Considerable efforts to avoid and minimize impacts to Section 4(f) properties have taken place throughout the planning process and will continue. However, all of the Build Alternatives would impact parks and historic sites along the study corridors.

FHWA cannot approve a transportation project that uses any Section 4(f) property, unless:

• There is no feasible and prudent avoidance alternative to the use and the action includes all possible planning to minimize harm to the property resulting from such use (23 CFR 774.3(a)); or
• The use of Section 4(f) property, including any measures to minimize harm (i.e., avoidance, minimization, mitigation, or enhancement measures) committed to by the applicant, will have a de minimis impact on the property (23 CFR 774.3(b).

A use of Section 4(f) property occurs:

• When land is permanently incorporated into a transportation facility.
• Where there is a temporary occupancy of land that is adverse in terms of the statue’s preservation purpose as determined by the criteria in 23 CFR 774.13(d); that is when one of the following criteria are not met.
• When there is a constructive use, which occurs only when a project does not incorporate land from a Section 4(f) property, and the proximity impacts of a project on adjacent or nearby property result in substantial impairment of the activities, features, or attributes that qualify a property for Section 4(f) protection.

Potential Mitigation

• Publicly Owned Parks: Discussions with Officials with Jurisdiction over publicly owned park resources are ongoing to determine meaningful mitigation for impacts. Possible mitigation may include:

  • Replacement with lands of at least comparable value, and of reasonably equivalent usefulness and location.

  • Replacement of facilities impacted by the proposed improvements, including sidewalks, paths, benches, lights, trees, fields, courts, stormwater facilities, parking lots, trails, swales, buildings, and other facilities.

  • Relocation of recreational facilities outside of environmentally compromised areas (i.e., floodplains).

  • Restoration and landscaping of disturbed areas.

• Historic Sites: Discussions with Section 106 Consulting Parties is ongoing. All mitigation for impacts to historic properties will be covered in a Section 106 Programmatic Agreement.

What Is Title VI?

Title VI, 42 U.S.C.,* Section 2000d et seq., was enacted as part of the Civil Rights Act of 1964. Title VI-related statutes and regulations provide that no person shall on the ground of race, color, national origin, sex, English proficiency, or disabilities be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity.

Why Is Title VI Important?

• Title VI ensures that public services, including transportation, are provided in an equitable and nondiscriminatory manner.

• Title VI provides opportunities for public participation in decision-making without regard to race, color, or national origin, including populations with Limited English Proficiency (LEP).

Filing a Complaint / Seeking Assistance

Should you need LEP assistance or if you believe MDOT SHA is not meeting the expectations of Title VI, you may direct questions, concerns, or file a complaint with:

Shabnam Izadi, Title VI Manager

MDOT State Highway Administration

Office of Equal Opportunity

211 E. Madison Street, MS-LL3

Baltimore, MD 21201

Email | sizadi@mdot.maryland.gov

Phone | 410-545-0377

Fax | 410-208-5008

Property Needs

• A variety of elements contribute to the need for additional property rights outside of MDOT SHA’s property. These elements include roadway construction, grading, clearing, landscaping, stormwater management, and noise barrier replacement/construction. Adjacent property rights would be needed in areas where MDOT SHA right-of-way is limited and where these elements cannot be located elsewhere.

• MDOT SHA complies with State and Federal laws to determine “just” compensation for impacts to your property.
• Just compensation is based on the fair market value of the property and includes all elements that may be appropriate in determining value.
• For full details on the acquisition process, please refer to the MDOT SHA Your Land and Your Highways: Your Rights and Benefits Guide.

• MDOT SHA will advise you well in advance of actual negotiations. A letter will be mailed to you explaining that your property will be needed.

• MDOT SHA will offer fair market value of your property, which will include just compensation for the property needed. Relocation assistance is a separate benefit that is provided, if eligible.

• MDOT SHA can only provide compensation as part of the property acquisition process. However, we will work with you to address concerns related to any possible impacts on your property.

What Happens If My Property Is Directly Impacted?

Timeline of the Acquisition Process

• Further avoidance & minimization to reduce needs will be evaluated and prioritized including incentivizing the private sector through innovation

• Complete National Environmental Policy Act (NEPA) Study

1. Identification - During final design, MDOT SHA determines if property is needed to construct the project (No earlier than late 2021)
2. Formal Notification - Property owner will receive a notification letter
3. Pre-Acquisition - MDOT SHA determines the property rights that may be needed for the new improvement and the impacts on your remaining property
4. Appraisal - A qualified real estate appraiser will appraise your property and MDOT SHA will set the just compensation to be offered
5. Negotiations - A real property specialist will contact you to set up an appointment to discuss the acquisition and the offer

How Do We Study Noise Impacts?

As part of NEPA, MDOT SHA evaluates the need for noise mitigation when alternatives propose changes to the existing noise environment. The analysis follows MDOT SHA’s Highway Noise Policy approved by FHWA. This evaluation includes five requirements:

1. Determine if a noise impact currently exists, or is projected to exist as a result of the alternatives

   A property is considered impacted when the noise level is equal to or higher than 66 decibels, or when projected noise levels are anticipated to increase substantially (10 decibels) over existing noise levels.

2. Determine if noise mitigation is feasible

   This requires at least 70% of the impacted properties within a community to receive a 5-decibel reduction in noise if noise mitigation were constructed, and that the proposed abatement can be constructed.

3. Determine if noise mitigation is reasonable - WE ARE HERE

   This requires that a majority of the impacted owners and residents be in favor of the mitigation and that the area of a noise barrier per benefitted resident be equal to or less than the appropriate evaluation threshold (between 700 - 2,700 square feet, depending on the project scope). At least 3 or 50% of impacted properties must receive a 7-decibel reduction in noise.

4. Final Design Re-Evaluation

   Once the project enters the final design phase, the noise abatement will be re-evaluated for feasibility and reasonableness using detailed engineering and traffic data.

5. Final Design Public Outreach

   As part of the final design phase, MDOT SHA will continue to coordinate with communities throughout the study area to seek feedback on the proposed noise abatement.

What Is the Joint Permit Application (JPA) and Permitting Process?

• The United States Army Corps of Engineers (USACE) and the Maryland Department of the Environment (MDE) are soliciting comments from the public; Federal, State, and local agencies; Native American Tribes; and other interested parties on the impacts to wetlands, wetland buffers, waterways, and FEMA 100-year floodplains as part of the permitting process.
• Comments received will be:

• • Considered by the USACE and MDE to determine whether to issue, modify, condition or deny permits and authorizations for this Study;

  • Used to assess impacts on endangered species, essential fish habitat, historic resources, tribal resources, and civil works projects, water quality, and Maryland’s Coastal Zone;

  • Used in the preparation of an Environmental Impact Statement, pursuant to NEPA;

  • Part of the public record; and

  • Used to determine the overall public interest of this Study.

• State and Federal permits are required for unavoidable impacts to wetlands, wetland buffers, waterways, and the FEMA 100-year floodplains from the I-495 & I-270 Managed Lanes Study. The Federal permit decision for these impacts is required to be made within 90 days of the NEPA Record of Decision, per Executive Order 13807-One Federal Decision.
• Permits are required from:

• • USACE for impacts to Waters of the US;

  • MDE for the alteration of FEMA 100-year floodplains, wetlands, their buffers, and Waters of the State; and

  • Virginia Department of Environmental Quality (VDEQ) for impacts to wetlands and waterways in Virginia.

• Minimization of the constructed roadway footprint:

• • Elimination of the collector-distributor system on I-270

  • Utilization of closed drainage systems

  • Minimization of above ground stormwater management areas utilizing underground stormwater management practices

  • Use of engineered slopes and/or retaining walls

What Is the Draft Compensatory Mitigation Plan?

The Compensatory Mitigation Plan accompanies the JPA and identifies potential mitigation for impacts to wetlands and waterways. Mitigation will include stream restoration/enhancement and wetland creation/ enhancement focused on replacement of lost function in impacted watersheds within the study area in both Virginia and Maryland.

Virginia Mitigation

Virginia Wetland Mitigation Summary

Virginia Stream Mitigation Summary

• Mitigation for impacts are calculated using Standard Ratios for Wetlands and the Unified Stream Method (USM) for streams.
• USM factors in functional loss associated with stream impacts and as a result, does not require mitigation for all stream impacts.
• Mitigation credits will be purchased from existing mitigation banks to meet mitigation requirements in Virginia.

Maryland Mitigation

Maryland Wetland Mitigation Summary

Maryland Stream Mitigation Summary

How Have We Engaged the Public & Stakeholders Since Spring 2018?

In-person Engagement

• 4 Public Workshops in April 2018 (370+)
• 4 Public Workshops in July 2018 (580+)
• 20+ Community Association Meetings (630+)
• 60+ Stakeholder Meetings (1,780+)
• 25+ Land Owner Meetings (160+)
• 8 Public Workshops in April/May 2019 (1,130+)
• 30+ Elected Official Briefings (350+)
• 14 Pop-up Events (1,840+)

Approximate number of attendees are shown in parentheses

Other Outreach Methods

• 7 targeted E-blasts delivering 13,000+ emails
• Washington Post and local newspapers reaching 1.5 million
• Geofencing and online ads 65,000+ impressions
• Targeted posts through MDOT SHA Facebook & Instagram
• Radio ads reaching 1.1 million across 10 stations
• Program website reaching 69,000+ users

What Are Ways to Comment on the Draft Environmental Impact Statement and the Joint Permit Application at the Hearing?

• Oral testimony to panelists at in-person or virtual hearing

• Oral testimony to court reporter at in-person hearing

• Oral testimony via voicemail (855-432-1483) during in-person or virtual hearing times

• Written comments in comment box at in-person hearing