Corridor H Alternatives, Inc.

West Virginia Highlands Conservancy

West Virginia Citizen Action Group

West Virginia Environmental Council

Concerned Citizens Coalition

Harrison County Environmental Citizens Organization

Ohio Valley Environmental Coalition

Downstream Alliance

Northern Shenandoah Valley Audubon Society

Student Environmental Network

Heartwood

Resource Alliance

Reynolds Estates Landowners

Cedar Creek Battlefield Foundation

Sierra Club, West Virginia Chapter

Defendants

West Virginia Department of Transportation (WVDOT)

Federal Highway Administration (FHWA)

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CORE ISSUES FOR PARTIES
Plaintiffs (Corridor H Alternatives & 14 others)

Corricks Ford Battlefield and Shavers Fork Valley

Blackwater Canyon

Greenland Gap

Wardensville Area

Defendants (WVDOT & FHWA)

Construct the entire length of Corridor H as a four-lane highway

Resume construction in Elkins-to-Kerens area

Quickly begin construction on projects where plans and right-of-way are near completion

Limit threat of future litigation

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PROJECT TIMETABLE ---WITHOUT SETTLEMENT AGREEMENT
Historic preservation work on the 100-mile project must be completed before any work may resume on the entire length of the project. Estimated time to complete the historic studies is six months.

A lawsuit could be expected based on the Federal Highway Administrations (FHWA) determination of no constructive use on 10 – 20 possible historic sites. Estimated time for the litigation is 2 - 3 years.

An adverse court ruling against FHWA on any determination of constructive use would require additional studies. If a prudent and feasible alternative route were found, the new route would have to be developed. Estimated time for the various studies is 18 months.

Based on the above data, no construction could begin for at least two and one-half years and perhaps as long as four years.

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PROJECT SUMMARY
In the early 1960's, the Appalachian Regional Commission (ARC) proposed a system of 26 highway corridors that would foster and promote economic and social development throughout the Appalachian Region. The total Appalachian Development Highways System (ADHS) consists of 3,440 miles, with 3,025 eligible for improvements by the ARC. Today, 75 percent of those corridors in 13 states from Mississippi to New York are nearly complete.

In West Virginia, four Appalachian corridors are complete. Unfinished corridors include 10 miles of Corridor D and 100 miles of Corridor H. Currently, the 31-mile Corridor H segment from Weston to Elkins is complete. The location for the remaining 100-mile long segment between Elkins and the Virginia State Line was approved by the Federal Highway Administration (FHWA) in its Record of Decision (ROD) issued in August of 1996. Construction has begun, and is continuing, on the first 3.5-mile segment from Elkins to Kerens.

The proposed 100-mile segment of the four-lane highway will be paid for with federal highway dollars and matching state funds. It is designed to replace many miles of narrow, twisting two-lane highways that are mountainous, treacherous in bad weather and time consuming to travel, especially during emergencies.

Proponents of the highway also believe that, in addition to the safety factor, economic development will occur in the region by linking east central West Virginia to Washington, DC, Baltimore, Philadelphia and New York and market locations throughout the Midwest, north and south.

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RESOLUTION OF MAJOR ISSUES IN DISPUTE
The Corridor H settlement agreement has been signed by all parties to the Corridor H lawsuit, and will be submitted for approval to the U.S. District Court for the District of Columbia. However, the settlement agreement could be modified during the course of the Court's review and will not take effect until approved by the Court.

Overview

Allows for the construction of Corridor H as a four-lane highway from Elkins to the Virginia State Line.

The project will be divided into nine (9) separate projects, ranging from 5.5 – 16.5 miles in length. Each project will result in the completion of a useable highway section connecting existing population centers and transportation routes.

Avoids future litigation with plaintiffs on issues of whether to construct "improved roadway alternatives" for Corridor H. However, plaintiffs retain the right to continue advocating roadway alternatives in media campaigns and other public forums.

Avoids future litigation with plaintiffs on most issues concerning historic resources. Plaintiffs retain the right to challenge the outcome of alignment-shift studies and to raise certain Endangered Species Act claims.

Provides for information-sharing, consultation and alternate dispute resolution procedures to minimize the risk of future litigation.

Provides for additional alignment shift studies to avoid historic resources in the Corricks Ford Battlefield area, Shavers Fork and the Blackwater Canyon.

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1.Elkins-to-Kerens Segment

Agreement allows this project to proceed to construction immediately. No additional historic studies or environmental reviews are required.

Plaintiffs waive their right to bring any action against the FHWA for non-compliance with federal law.

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2.Kerens-to-Parsons

Construction can begin following completion of an alignment shift study which will consider options for avoiding the Corricks Ford Battlefield and provide access to Parsons via US Route 219, WV Route 72 and County Route 17.

The Agreement defines the Battlefield Area to include the entire Corricks Ford Battlefield, plus the surrounding landscape within the Shavers Fork Valley.

The Battlefield Avoidance Alignment(s) will be evaluated as to whether there is an alternative that is feasible and prudent and does not proportionally impact other historic resources.

The plaintiffs retain the right to file an action based on alleged non-compliance with any applicable law or agreement.

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3. Parsons-to-Davis

Construction may begin following completion of an alignment shift study, which will evaluate alternatives for avoiding the Blackwater Canyon.

The study will be conducted to evaluate one or more alignment shifts for the Davis-Thomas section of the project as a four-lane, divided highway. The study will consider shifting the highway to avoid the Blackwater Canyon.

The study will evaluate one or more avoidance alignments located entirely outside the Blackwater area. Those alignments generally would involve shifting Corridor H to the north of Thomas, then connecting to WV Route 93 east of Davis.

The Blackwater area includes the Blackwater Canyon from Thomas to Hendricks. This area includes all historic resources associated with coal mining and coke production in the late 19th and 20th Centuries.

WVDOT will establish and consult with a Community Advisory Group (CAG) representing a cross-section of the interests potentially affected by the location of Corridor H in the Davis and Thomas areas. The members will be appointed by local government, planning agencies and advocacy groups. CAG meetings will be open to the public. WVDOT will consider the views expressed by members of the Community Advisory Group, but is not required to adopt recommendations by the group.

An opportunity will be provided for the city councils of Thomas and Davis to express their views on the alignments under consideration. If after the public comment period either town opposes the avoidance alignment, the WVDOT and FHWA has a right, but not the obligation, to terminate the study and return to the current alignment.

The agreement requires the selection of an avoidance alignment if any such alternative is prudent and feasible, has less impact on historic and environmental resources and either town does not oppose the selection of such alignment.

FHWA and WVDOT will consult with applicable federal agencies and Corridor H Alternatives on the potential impacts on Big Run Bog National Natural Landmark, Canyon Rim Road and Canyon Rim Trail. FHWA and WVDOT will ensure that project construction limits are located entirely outside the drainage area for Big Run Bog. In addition, FHWA and WVDOT will ensure that the project is consistent with the recommendations of the U.S. Forest Service regarding access from Corridor H onto Canyon Rim Road.

The plaintiffs retain the right to file an action challenging non-compliance with any applicable law or agreement.

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4.Davis-to-Bismarck

Construction can begin following the completion of on-going historic studies.

Plaintiffs waive the right to bring action alleging that FHWA's approval of the project was not granted in accordance with applicable federal/state laws or legal requirements.

Plaintiffs do not waive the right to file an action alleging that the FHWA's Record of Decision was issued prior to the completion of the historic activities for this project or FHWA did not comply with its obligations to prepare certain reports or to provide certain opportunities for participation by Corridor H Alternatives as a consulting group.

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5.Bismarck-to-Forman

Construction can begin following completion of on-going historic studies.

Plaintiffs waive their right to file an action alleging that FHWA's Record of Decision was not granted in accordance with applicable federal laws or other legal requirements.

Plaintiffs do not waive the right to file an action alleging that the FHWA's Record of Decision was issued prior to the completion of historic studies for this project or FHWA did not comply with its obligations to prepare certain reports or to provide certain opportunities for participation by Corridor H Alternatives as a consulting group. Furthermore, plaintiffs do not waive the right to file an action as a result of findings by the Keeper of the National Register of Historic Places involving the area known as Greenland Gap.

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6.Forman-to-Moorefield

Construction can begin following completion of on-going historic studies.

WVDOT agrees to identify Alternative B as its preferred alternative for the Middle South Branch Valley Historic District. FHWA will approve the preferred alternative identified by WVDOT, provided that such approval is not inconsistent with federal environmental or other laws.

The plaintiffs waive the right to bring an action alleging FHWA's approval of the Foreman-to-Moorefield project was not granted in accordance with application laws or legal requirements.

Plaintiffs do not waive their rights alleging FHWA's Record of Decision was issued prior to the completion of historic studies and that FHWA did not comply with its obligations to prepare certain reports or to provide certain opportunities for participation by Corridor H Alternatives as a consulting party.

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7.Moorefield-to-Baker

Construction can begin following the completion of on-going historic studies.

Plaintiffs do not waive their rights alleging the FHWA's Record of Decision was issued prior to the completion of historic studies and that FHWA did not comply with its obligations to prepare certain reports or to provide certain opportunities for participation by Corridor H Alternatives as a consulting party.

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8.Baker-to-Wardensville

Construction can begin following completion of on-going historic studies.

Plaintiffs do not waive their rights alleging the FHWA's Record of Decision was issued prior to the completion of historic studies and that FHWA did not comply with its obligations to prepare certain reports or to provide certain opportunities for participation by Corridor H Alternatives as a consulting party.

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9. Wardensville-to-Virginia State Line

The agreement delays construction and limits design work and right-of-way acquisition on this segment until one of the following four conditions are met: Virginia approves the completion of Corridor H as a 4-lane highway from the state line to I-81. Traffic conditions on WV 55 (Wardensville to the Virginia State Line) decline to an unacceptable level --- defined as Level of Service "E." Federal funding for the Appalachian corridor system will expire before the end of the 20-year period. 20 years has elapsed.

Within five (5) years after issuance of the FHWA's Record of Decision for this project, WVDOT will make available a total of $1 million federal enhancement funds or other funds for streetscape improvements and other permanent capital improvements with Wardensville. Prior to awarding funds, WVDOT will consult with Wardensville elected officials and the public regarding the terms and conditions of the grant.

Plaintiffs waive their right to bring an action alleging that FHWA's approval of the project was not granted in accordance with federal environmental and historical laws.

Plaintiffs do not waive the right to file an action alleging that WVDOT has not complied with the obligation imposed by this agreement to provide $1 million for improvements in Wardensville over a 5-year period.

Plaintiffs do not waive the right to file an action alleging that WVDOT has not complied with the restrictions imposed by this agreement on final design, right-of-way acquisition and/or construction of the project.

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