The Corridor H settlement agreement has been signed by all parties to the Corridor H lawsuit and submitted to the U.S. District Court in Washington, D.C. The agreement could be modified during the Court's review. It will not take effect until approved by the Court.

OVERVIEW

The portion of Corridor H between Elkins and the Virginia line would be sub-divided into nine (9) separate projects. Each project would result in the completion of a useable highway section, connecting existing population centers and transportation routes. (See Exhibits 1-2.)

Each of these nine projects would be approved in a separate Record of Decision (ROD). The settlement agreement allows each project to proceed independently of the others. As soon as the requirements for a project have been met, the ROD for that project can be issued.

For five of the projects, the agreement would allow a ROD to be issued as soon as the ongoing studies of historic resources are complete, and would allow final design, right-of-way acquisition and construction to begin following issuance of the ROD. These six projects are: Elkins to Kerens (5.5 miles) Davis to Bismarck (16.5 miles) Bismarck to Forman (9.5 miles) Moorefield to Baker (14 miles) Baker to Wardensville (7 miles)

For the Forman-to-Moorefield project, the FHWA and WVDOT have completed an Environmental Assessment (EA) examining avoidance alternatives for the Middle South Branch Valley (Old Fields) Historic District. Based on the EA, WVDOT has committed in the settlement agreement to recommending "Alternative B" as the avoidance alignment for this resource. FHWA and WVDOT are now in the process of completing the remaining studies of historic resources in the Forman-to-Moorefield area. Once those reviews are finished, the ROD for this project can be issued.

For three of the projects, the agreement would establish new requirements that must be met, in addition to the completion of ongoing studies. These three projects are: Kerens to Parsons (13.5 miles): Before issuing the ROD for this project, FHWA and WVDOT would be required to prepare a Supplemental Environmental Impact Statement (SEIS), which would consider alignment shifts to avoid Corricks Ford Battlefield. (See below for details). Parsons to Davis (9 miles): Before issuing the ROD for this project, FHWA and WVDOT would be required to prepare a SEIS, which would consider alignment shifts to avoid the Blackwater Canyon in the Thomas-Davis area. (See below for details.) Wardensville to Virginia (5.5 miles): The ROD for this project could be issued as soon as ongoing studies of historic resources are complete. However, WVDOT would postpone most final design and right-of-way acquisition, and all construction, of this 5.5-mile section until one of four conditions has been met. (See below for details.)

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FINAL DESIGN, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION

Construction would be allowed to begin immediately on the 5.5-mile-long Elkins-to-Kerens project. No additional historic studies or environmental reviews would be required.

Final design, right-of-way acquisition and then construction would be allowed to begin on the Davis-to-Bismarck, Bismarck-to-Forman, Moorefield-to-Baker and Baker-to-Wardensville projects following the completion of the ongoing historic studies for those projects. Final design, right-of-way acquisition and construction would be allowed on the Forman-to-Moorefield project, as soon as the ongoing historic studies are complete and a Middle South Branch Valley Historic District avoidance alignment is selected. On each project, these activities would be allowed to proceed as soon as the historic studies for that project are complete and an amended ROD is issued for that project.

Final design, right-of-way acquisition and then construction would be allowed to begin on the Kerens-to-Parsons and Parsons-to-Davis sections following completion of alignment-shift studies, which would evaluate alternatives for avoiding the Corricks Ford Battlefield and the Blackwater Canyon. (See below.)

Construction on the Wardensville-to-Virginia-line section would be deferred, and final design and right-of-way acquisition would be restricted, until one of four conditions is met. These conditions could cause construction to be deferred for as long as 20 years. (See below for details.)

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CORRICKS FORD ALIGNMENT SHIFT STUDY

The FHWA and WVDOT would prepare a Supplemental Environmental Impact Statement (SEIS) to evaluate alternatives for avoiding impacts on the "Battlefield Area" while providing appropriate access from Corridor H to the community of Parsons. The "Battlefield Area" includes the entire Corricks Ford Battlefield, plus the surrounding landscape within the Shavers Fork Valley. (See Exhibit 3.)

The avoidance alignments to be evaluated in the study generally would involve shifting Corridor H just to the north of Parsons. This type of alignment shift would provide direct access from Corridor H to Parsons via US 219, WV 72 and County Route 17.

The agreement would not require the selection of an avoidance alternative. However, WVDOT would select an avoidance alternative for the Battlefield Area if there is an avoidance alternative that meets two conditions: (1) it is "prudent and feasible" and (2) it avoids impacts to other historic resources. If any avoidance alignment meets both of these criteria, WVDOT would reject the current alignment and select one of the avoidance alignments. If no avoidance alignment meets both criteria, WVDOT would be allowed to retain the current alignment (after making findings required by the agreement.) This decision could be challenged by the plaintiffs in court.

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BLACKWATER AREA ALIGNMENT SHIFT STUDY

The FHWA and WVDOT would prepare a Supplemental Environmental Impact Statement (SEIS) to evaluate alternatives for avoiding impacts on the "Blackwater Area" while providing appropriate access from Corridor H to the communities of Thomas and Davis. The "Blackwater Area" includes the Blackwater Canyon from Thomas to Hendricks. This area includes historic resources associated with coal mining and coke production in the late 19th and early 20th centuries. (See Exhibit 4.)

The avoidance alignments to be evaluated in the study generally would involve shifting Corridor H just to the north of Thomas, then connecting to WV 93 east of Davis.

In conjunction with the SEIS, WVDOT would establish a 12-member "Community Advisory Group" (CAG), representing a cross-section of the interests potentially affected by a potential alignment shift in the Blackwater area. Members of the CAG would be appointed by local governments, planning agencies and advocacy groups. The role of the CAG would be to broaden opportunities for public involvement in all phases of the alignment-shift study, from the initial scoping stage through the selection of a preferred alternative. The CAG would not have a formal decision-making role. Meetings of the CAG would be open to the public, would be led by a professional facilitator and would be held in the Thomas and Davis areas.

After the end of the comment period on the Draft SEIS, WVDOT would provide an additional 60-day period for comment by the city councils of Thomas and Davis. If either city council adopts a resolution within the 60-day period opposing any alignment shift, FHWA and WVDOT would be allowed (but not required) to terminate the study and return to the current alignment. If neither city council adopts a resolution within the 60-day period opposing any alignment shift, FHWA and WVDOT would complete the study and proceed to select an alternative (as discussed below).

The agreement does not require the selection of an avoidance alternative. However, WVDOT would select an avoidance alternative for the Blackwater Area if there is an avoidance alternative that meets two conditions: (1) it is "prudent and feasible" and (2) it avoids impacts to other historic resources. If any avoidance alignment meets both of these criteria, WVDOT would reject the current alignment and select one of the avoidance alignments. If no avoidance alignment meets both criteria, WVDOT would be allowed to retain the current alignment (after making findings required by the agreement.) This decision could be challenged by the plaintiffs in court.

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WARDENSVILLE ISSUES

The agreement would defer construction, and would restrict final design work and right-of-way acquisition, from Wardensville to the Virginia line until any one of the following conditions has been met: Virginia approves the completion of Corridor H as a four-lane highway from the state line to I-81. Traffic conditions on WV 55 (from Wardensville to the state line) decline to an unacceptable level - defined as "Level of Service E" - as determined by an independent engineer chosen by both parties. Funding for the entire Appalachian corridor highway program has been appropriated but must be spent by a date certain. Twenty years have passed from the effective date of the agreement.

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FUTURE DISPUTES

The agreement would establish alternative dispute resolution (ADR) procedures and information-sharing requirements to facilitate the resolution of future disputes without litigation wherever possible.

The agreement would require the plaintiffs to waive certain claims, while allowing them to retain other claims that could be raised in future litigation involving this project.

The plaintiffs would waive the right to bring future lawsuits seeking further study of "improved roadway alternatives" for Corridor H in West Virginia. For purposes of the agreement, an "improved roadway alternative" is any alternative that does not involve completing Corridor H as a continuous four-lane highway. Note: The plaintiffs would retain the right to continue advocating for improved roadway alternatives in media campaigns and other public forums.

The plaintiffs would waive the right to bring future lawsuits challenging the sub-division of Corridor H into nine separate projects.

For the seven projects that are allowed to proceed without further alignment-shift studies, the plaintiffs would generally waive their right to challenge the RODs. This waiver is subject to a number of exceptions: The plaintiffs would be able to bring claims under the Endangered Species Act, if new findings are made pursuant to that Act after the court approves the settlement agreement. If Greenland Gap is determined by the Keeper of the National Register of Historic Places to be a National Register-eligible historic site, the plaintiffs would be able to challenge FHWA's findings or approvals regarding any "use" of that site by this project.

For the two projects that involve alignment-shift studies (Kerens-to-Parsons and Parsons-to-Davis), the plaintiffs would retain their right to challenge the RODs.

The plaintiffs would retain the right to enforce their rights under the settlement agreement and under the 1995 "programmatic agreement" governing the studies of impacts on historic resources.

The plaintiffs also would retain the right to challenge any post-Amended ROD decisions that might be made for a Project, as well as the right to challenge Corridor H in Virginia.

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