A White Paper - September 2000

The Issue
Regulatory Requirements
Current Status of Corridor H
Public Opinion
Environmental Impact Studies
Historic Preservation and Cultural Resources
Tourism
Travel Efficiency
Travel Safety
Economic Impact
Cost of Corridor H



The Issue

In the early 1960s, 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 Appalachia 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, Corridor H is the last to be completed. Currently, the 40-mile segment from Weston to Elkins is complete. The location for a 100-mile long segment between Elkins and the Virginia State line was approved by the Federal Highway Administration (FHWA) in its Record of Decision issued in August of 1996. Construction was begun, and is continuing, on the first 3.5-mile section from Elkins to Kerens.

Because of a Federal Appeals Court ruling brought about by project opponents, the remainder of construction could not continue until cultural resource investigations and analyses were completed for the final 96.5 miles. These investigations and analyses are nearly complete.

On February 7, 2000, the West Virginia Department of Transportation (WVDOT), Corridor H Alternatives (CHA) and l4 other opposing groups announced that a settlement had been reached. The agreement, signed by FWHA, WVDOT, CHA and all other groups was approved by the United States District Court, clearing the way for construction to begin immediately.

The settlement will allow final design, right-of-way acquisition and construction to resume on segments of the project, while new alignments are studied in other areas. The agreement also calls for a delay of construction between Wardensville and the Virginia state line. (See Settlement Achieved in Corridor H Lawsuit.)

The proposed 100 mile segment of 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 in times of emergencies (fire, accident, illness, etc.).

A survey conducted in the fall of 1998 showed that 77 percent of the residents in the area supported construction of the highway. A more recent scientific poll of residents of the counties through which the project will pass (Randolph, Tucker, Grant and Hardy) found that 71% strongly favor construction, 10% somewhat favor, while only six percent strongly oppose and five percent somewhat oppose the project.

Additionally, the Corridor H project has the strong support of West Virginia Governor Cecil H. Underwood and the entire West Virginia Congressional Delegation: Senator Robert C. Byrd; Senator John D. Rockefeller, IV; Congressman Bob Wise; Congressman Alan Mollohan; and Congressman Nick J. Rahall.

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, New York and points north and south on I-81.

Because of the magnitude of the project (100 miles long, through four counties), the sparseness of the population, the length of time it takes to complete required engineering and environmental studies, people within the project area have found it difficult to keep track of the process of deciding how the highway will be designed and where it will be located.

This document provides the correct, most recent information regarding the highway.

top of page



Regulatory Requirements

As with all highway projects that receive Federal funding, Corridor H must comply with Section 106 of the National Historic Preservation Act; Section 4(f) of the Department of Transportation Act; the National Environmental Policy Act (NEPA); and a host of other Federal and state laws and regulations.

Section 106 of the National Historic Preservation Act requires an assessment of the potential effects of the highway project on any "district, site, building, structure or object that is included in or eligible for inclusion in the National Register."

Section 4(f) of the Department of Transportation Act protects two types of resources: (1) publicly owned parks, recreation areas and wildlife refuges, and (2) historic sites of national, state or local significance, whether publicly or privately owned. Under Section 4(f), FHWA can approve the "use" of these protected resources only if FHWA determines that (1) there is no "prudent and feasible alternative" to using the protected resource, and (2) the project includes all possible planning to minimize harm to any protected resources that will be used by the project. For purposes of Section 4(f), the term "use" includes both a direct use, which occurs when land is physically taken for a highway project, and a constructive use, which occurs when a project substantially impairs the significant qualities of a protected resource.

The National Environmental Policy Act requires that an environmental impact statement (EIS) be prepared for any "major federal action" significantly affecting the quality of the human environment.

top of page



Current Status of Corridor H

In late 1996, Corridor H Alternatives, Inc. and several other environmental and public interest groups challenged FHWA's approval of the Elkins-to-Virginia-Line portion of Corridor H in Washington, DC Federal District Court (Corridor H Alternatives, Inc. v. Slater, 982 F.Supp. 24 D.D.C. 1997). In October 1997, the District Court affirmed the construction of a four-lane highway and supported FHWA's approach to compliance with the Section 106 process and Section 4(f) regulations, under which the studies of historic resources would be done on a section-by-section basis concurrent with highway construction.

On appeal, the environmental and public interest groups asserted that the FHWA violated:

• Section 4(f) of the Department of Transportation Act by failing to complete the Section 106 and Section 4(f) studies of historic sites prior to approving the route of the proposed highway and by erroneously concluding that the highway would not "use" two of the sites it did identify; and
• NEPA by failing to give adequate consideration to the improvement of existing roads as an alternative to the construction of a new highway.

The Washington, DC Federal Appeals Court affirmed that the FHWA had adequately considered the option of improving existing roads, and therefore upheld FHWA's decision to approve Corridor H as a four-lane highway. However, the Appeals Court concluded that FHWA needed to complete all of the required Section 106 and Section 4(f) studies for Corridor H needed to be completed before granting final approval for the project location. The Appeals Court therefore remanded the matter to the District Court with instructions to issue an order requiring FHWA to complete the Section 106 and Section 4(f) studies before proceeding further with the Corridor H project 166F.3d 368 (D.C. Cir. 1999).

Following meetings between the plaintiffs and defendants (FHWA and WVDOH), both sides jointly requested that the Federal Court allow them to attempt to resolve outstanding issues through court-sponsored mediation.

As a result WVDOT, FHWA, CHA and professional mediators were in discussions from spring 1999 to February 2000.

An agreement, signed on February 7, 2000 and approved by U.S. District Court Judge Thomas Hogan of the Federal District Court for the District of Columbia, includes these key points:

Construction will be allowed to proceed immediately on the 5.5-mile section of Corridor H between Elkins and Kerens.

Final design, right-of-way acquisition and construction will be allowed to proceed, without future environmental studies, for project sections between Davis and Wardensville, following the completion of the remaining historic resource reviews for those sections.

FHWA and WVDOT will prepare Supplemental Environmental Impact Statements, with full public participation, to study alignment shifts to avoid the Corricks Ford Battlefield/Shavers Fork Valley area in the vicinity of Parsons, and to avoid the Blackwater Canyon between Thomas and Hendricks.

FHWA and WVDOT will defer construction on the 5.5-mile section between Wardensville and the Virginia line for as long as 20 years. Subject to certain conditions, final design and right-of-way acquisition also will be deferred in this section during that period. The delay could be shortened if Virginia approves the 14-mile section of Corridor H between the state line and I-81, if traffic increases significantly on WV 55 between Wardensville and the state line or if required to ensure eligibility for Appalachian highway corridor funding.

The plaintiffs will not file any future lawsuits seeking further study of "improved highway alternatives" for Corridor H. The plaintiffs will retain the right to continue advocating for improved roadway alternatives in media campaigns and other public forums.

The plaintiffs have reserved certain rights to sue over future actions by the defendants, including the right to bring certain claims under the Endangered Species Act. They also have the right to enforce the terms of the settlement agreement.

Additional points are included in the Press Room's "Settlement Achieved in Corridor H Lawsuit."

top of page



Public Opinion

An opinion poll was completed by Ryan·McGinn·Samples in mid-June. Statewide, 618 people were interviewed. 303 statewide interviews were completed with 315 surveyed in selected (project area) counties (Upshur, Randolph, Grant, Tucker and Hardy). Of the 618 people polled, 81 percent of those in the project area strongly or somewhat favor completion of Corridor H between Elkins and the Virginia border. Statewide, a majority of 65 percent favored completion of the highway.

In general, perceived benefits of Corridor H and other major highway construction projects in the state include:

• safer travel around and through the area (78 percent)
• an increase in quality jobs and long-term economic development (74 percent)
• decreased travel time (73 percent)

Concerns regarding construction of this and other highway projects include an increase in:

• tourists
• population
• traffic
• crime

Environmental groups are perceived as the primary factor that has slowed the completion of Corridor H among 45 percent of respondents statewide and 56 percent of respondents in the selected counties.

The most significant benefits of major highway construction projects perceived by West Virginia residents include: an increase in the number of high quality jobs (79%); a safer method of travel around and through the area (77 percent); and long-term economic development for the region (76 percent).

Residents of the selected counties agree that there will be an increase in the number of tourists to the area (selected counties 57% and statewide 56%).

Fifty-two percent of local residents agree that there will be an increase in population (compared to 45% statewide) and 46% of local residents agree that traffic will increase through the area (compared to 52% statewide).

Clearly, while about half of the local residents agree that change will occur as a result of highway construction, a majority wants Corridor H completed.

top of page



Environmental Impact Studies

Corridor H runs through the Potomac Highlands to the WV/VA state line. From the state line, VA 55 will be used by traffic for about 10 miles to connect with I-81 and I-66. These connections will provide a safer, shorter route to Washington, DC, as well as northern and southern destinations along I-81.

The planned route runs through a scenic and relatively rural part of West Virginia and, therefore, the region is a popular destination for pursuit of outdoor activities such as downhill skiing, Nordic (cross-country) skiing, whitewater rafting, mountain biking, hiking, climbing, repelling, fishing and hunting. Bird watching and botanical areas are popular among eco-tourists.

Understandably, the possible environmental impact of the construction of Corridor H has been of primary concern for all. The following provides information on various aspects of the environment and what has been and is being done to mitigate or avoid negative environmental impact.

A. Streams

Streams in the area range from those that have been impaired by agricultural and mining run-off and erosion caused by livestock to those supporting native trout. To determine the values of the streams over which Corridor H would cross, West Virginia Division of Highways (WVDOH) and consultant stream biologists use the U.S. Environmental Protection Agency's methods that evaluate different groups of aquatic life as indicators of water quality.

This data were collected to determine issues such as whether construction of a bridge would be required or if the stream could be enclosed in a pipe or culvert. It was determined that eight additional structures (four bridges and four culverts) should be constructed. The construction of bridges alone avoided enclosing 3,760 feet of streams, but at an additional cost of $27.4 million. Many other mitigation measures were developed to assure protection of streams within the project area.

B. Wetlands

Wetlands apply to most areas that are readily identifiable as swamps and bogs to those that may not be readily recognized as wetlands. Trained environmental scientists identify wetlands and determine their boundaries using guidelines required by the U.S. Army Corps of Engineers.

Over 750 acres of wetlands were identified during the corridor selection process. Some were large wetlands of high value such as Big Run Bog situated on Backbone Mountain in the Mon National Forest and Elder Swamp located adjacent to WV 33 just east of Davis, WV in Tucker County and others were small with minimum value. Environmental scientists, engineers and resource agencies worked together to identify valuable wetlands and to avoid them. As a result, only about 30 acres of wetlands will be filled as a result of highway construction. Almost all of these are small (less than .25 acre).

Federal regulations require that any wetland that cannot be avoided should generally be replaced close to the wetland that is filled. Also, the replaced wetland should have the same vegetation as the wetland that was filled. WVDOH environmental scientists decided that replacing small wetlands with low functions made little economic or ecological sense. Therefore, two large multi-function wetlands were designed and constructed.

Both are complete and functioning years before any wetlands will be filled. One is located within the Monongahela River watershed just east of Elkins off US 219 and the other is located in the Potomac River watershed, northwest of Moorefield, called the Walnut Bottom Wetland Replacement Site.

Finally, the U. S. Army Corps of Engineers – the Federal agency responsible for wetland protection – has issued an 11-year construction permit to the project.

Although some concern has been voiced by opponents for potential destruction of the panoramic beauty of the area with the construction of Corridor H, 42% statewide disagree or strongly disagree that scenic beauty will be negatively impacted and 56% of local residents disagree or strongly disagree. Statewide, 35% of residents are concerned and 37% of local residents agree that this is an issue.

top of page



Historic Preservation & Cultural Resources

Architectural Properties include:

• Buildings (houses, offices, stores, etc.)
• Structures (bridges, silos, barns, etc.)
• Objects (statues, ships, carousels, etc.)
• Districts (neighborhoods, main streets, rural areas, etc.)

The first survey of the Corridor H project area (1995) found 549 single buildings, 8 single structures, 13 potential districts and 0 objects over 50 years of age, the first criteria for being "historic." From the properties found in the first survey, 152 buildings, 0 structures and 7 potential districts were carried forward for in-depth study and evaluation. The properties not carried forward were determined not eligible for the National Register of Historic Places or for the protection under the National Historic Preservation Act.

In-depth study includes a detailed field study, land records research, library research, two-page WV inventory form, 2-5 pages of history and description and 4-10 photographs including houses, outbuildings and landscape views. Of the properties studied in-depth, 26 individual properties and 5 historic districts are eligible for the National Register of Historic Places (and are eligible for the protections of the National Historic Preservation Act).


Archaeological Resource Identification

Archaeological sites are the physical remains of human activity deposited on the landscape over time. Prehistoric period sites are Native American localities that predate European exploration and settlement, which begins about A.D. 1630 in West Virginia. They include:

• Camp sites or bivouacs
• Base camps
• Village site
• Rock shelters
• Rock drawings or carvings
• Ceremonial or mortuary sites

Historic period archaeological sites generally consist of architectural remains, settlement locations or the location of important events, such as:

• Ruins of buildings or structures
• Former transportation corridors (roads, canals, railroad rights-of-way)
• Historic farmsteads
• Forts
• Battlefields

Industrial Resources

Locations of archaeological sites are available at the WV Division of Culture and History in Charleston (http://www.wvlc.wvnet.edu/culture/front) to qualified researchers. To discourage unauthorized excavation or looting, locations are not available to the general public. Whatever their nature or age, archaeological sites are a vital link to our Nation's past, and have the potential to contribute important information on the lives of West Virginia's early inhabitants.

A three "phase" process, which can vary somewhat from project to project, is employed to comply with regulations protecting archaeological sites. While archaeological investigations for the project are nearing completion, additional sites may still be identified and further studied.

In Phase I, the project sponsor identifies all potentially significant sites within the project limits. Phase I begins with a review of what has been written and studied about the location, examination of the topography and environment, historic maps and other documents and a prioritization of the land area into high, medium and low probability for sites.

Areas where the probability of finding sites is low are carefully walked and inspected for artifacts. Medium probability areas are walked and shovel test probes (round holes generally measuring 22" in diameter) are dug at specified intervals. For high probability areas, the same procedures are used. Additionally, deep trenches are excavated in areas where deeply buried prehistoric remains are likely to be preserved. Excavated soils are sifted through wire mesh to identify and recover even small artifacts. If artifacts are found, additional probes are excavated to determine the limits of the site. To date, over 40,000 test probes have been dug and screened in the Corridor H project area.

Original background research conducted for the project beginning about 1991 identified 152 prehistoric and historic archaeological sites in the Corridor H project area, as defined at that time. In 1994, 38 additional sites were identified during field testing of a prehistoric settlement pattern model devised for the project. Finally, Phase I testing conducted since 1995 has, to date, brought the total number of sites in the project area to 220.

In Phase II, potentially significant sites are tested to determine their eligibility for listing in the National Register of Historic Places, generally based on their cultural or religious significance to Native American or other groups, educational value or information potential.

Phase II testing may include the excavation of additional shovel test probes, test units (square holes generally measuring 39" x 39") and/or trenches. The dirt is sifted to remove any potential artifacts just like in Phase I.

Of the 220 sites identified in Phase I, 40 sites have undergone or are scheduled for Phase II testing. If a site is found to be not significant and not eligible for the National Register of Historic Places, no additional study is needed. Also, if the highway project is rerouted to avoid a significant and eligible site, then no additional study is needed. Only those sites that are significant and eligible and that are going to be unavoidably destroyed during project construction need to be carried forward to the Phase III level.

In Phase III, plans are developed to protect important sites. Preservation or avoidance is always the preferred alternative. However, if impact to significant sites cannot be avoided, plans are developed to extract the maximum amount of scientific information possible from the site prior to construction.

Two of the sites found to be significant and located within the construction limits of the proposed highway, the Mathias Farm Site Complex (46Hy286) and the Reed Farmstead Site (46Hy287), have been excavated at the Phase III level. From the beginning, the intent has been to avoid significant archaeological sites whenever possible. The success of this approach is demonstrated by the fact that so far it has been necessary to conduct Phase III excavations on only two of the hundreds of sites initially identified.


Assessment of Effects/Adverse Effects

Once the historic properties protected (both architectural and archaeological) are identified, the potential effects of the project on the properties are analyzed. Effects can be good, bad or indifferent. Examples of adverse (bad) effects that are considered include:

• Physical destruction, damage or alteration of all or part of the property;
• Isolation of the property from or alteration of the character of the property's setting when that character contributes to the property's qualifications;
• Introduction of visual, audible or atmospheric elements that are out of character;
• Neglect of the property resulting in its deterioration or destruction; and
• Transfer, lease or sale of the property.

Potential effects are predicted by consulting engineering drawings, current photographs, 3-D computerized modeling and noise measurement and modeling.

No architectural resources will be demolished as part of the Corridor H project. The significant archaeological sites that will be destroyed as part of the Corridor H project will be mitigated—that is, Phase III investigations will be conducted by qualified professional archaeologists and the results of the investigations will be made available to the public.
The assessment of effects/adverse effects is currently underway. The tally will change over the coming months. Currently, the resources assessed to date include 9 buildings, 2 archaeological sites and 2 districts. Of those, adverse effects are predicted for 5 buildings, 2 archaeological sites and 1 district. The adverse effects on the buildings and district result from the predicted visibility of the proposed road and the predicted increase in noise levels. The two archaeological sites are currently undergoing Phase III investigations.

It is interesting to note that, statewide, only 27 percent are concerned about negative impact on historical sites and 32 percent of local residents have a concern for this issue.

top of page



Tourism

Tourism is a vital economic element in the area that will be served by Corridor H. As West Virginia's tourism industry grows, travelers must have safe access to the many natural wonders the state offers. As noted before, the three ski resorts, wilderness areas, Canaan Valley and many other tourist destinations can grow and prosper if access is granted to tourists.

West Virginia's tourists have been found to be those who are within "driving distance" to the state for overnight and weekend visits. They come from North Carolina, Ohio, Virginia, Maryland, the District of Columbia, Kentucky and Pennsylvania to ski, snowboard, hike, cycle, rock climb and the numerous other outdoor adventures the region offers.

In 1996, the travel and tourism industry amounted to $144 million in state sales tax revenues and the employees and businesses in the tourism industry contributed another $61 million in state personal and corporate taxes.

In the Potomac Highlands region, $78 million in direct tourist expenditures generated an additional $37.5 million in indirect sales for a total economic contribution of $115.5 million and supported an estimated 4,500 jobs in 1996.

A study conducted by D.K. Shiflett & Associates in 1999 estimated that in 1998, 710,000 person trips were made to the region. The average length of stay for visitors was 3.7 days with an estimated average spending of $67 per person per day. The top origin states of visitors were West Virginia, Maryland and Virginia.

In 1997-98, more than 775,000 skiers visited the state's four winter areas, Snowshoe Mountain, Canaan Valley, Timberline and Winterplace, bringing in revenues of $47.9 million.

Snowshoe Mountain has invested more than $51 million in the ski resort and is developing residential, retail and employee lodging facilities as well as upgrades to the ski lifts and trails. The return on this investment will be gauged in part by whether visitors can gain safe and easy access to the mountain.

Easy access is also key to the success and growth of hotels/motels, restaurants, parks, botanical and wilderness areas, forests, golf courses, bed & breakfast facilities, cottage and vacation rentals, outfitters, conference facilities, and other attractions in the area.

top of page



Travel Efficiency

In 1998, Wilbur Smith Associates completed an Economic Impact Study for the Appalachia Development Highways System (ADHS). The study focused on 12 ADHS corridors and corridor segments that are complete and open to traffic. These impacted a total of 165 counties. They included corridors in Georgia, North Carolina, Tennessee, Virginia, Kentucky, Ohio, West Virginia, Maryland, Pennsylvania and New York.

The study looked at the savings in time, reduced vehicle-operating costs and reduced number of accidents. According to the study, ADHS improvements have had a significant impact on travel efficiency throughout the Appalachian Region. Highlights of that study include:

• During the 1965-2025 period, the ADHS highway corridors are projected to have created travel efficiencies valued at $4.89 billion through improved road conditions and access.
• Vehicle hours of travel for cars and trucks were reduced by 198,000 hours in 1995. That is an annual timesaving of 62.2 million car hours and 9.8 million truck hours.
• Completed portions of the 12 ADHS corridors combined save 133,101,000 car miles of travel and 26,214,000 truck vehicle miles annually.

top of page



Travel Safety

Motor vehicle accidents are the third leading cause of death in West Virginia, behind malignant neoplasms and diseases of the heart. In 1996, there were 8,782 motor vehicle accidents that constituted 11.4% of all deaths.

The construction of the ADHS corridor improvements are estimated to generate annual accident cost savings of $47 million in 1995 and $80 million in 2024. These translate into cumulative savings of $2.5 billion for the 1965-2024 time period.

Although the $2.5 billion savings are impressive, the human lives saved, if they could be quantified, would be even more significant.

top of page



Economic Impact

Throughout West Virginia's history, the state's economic well-being has depended on highway access. Obviously, businesses located along the Appalachian Corridors (such as Corridor L and Corridor G) as well as interstate highways in the state have flourished while those in more rural areas have found it difficult to compete. Businesses along Corridor G (Route 119 from Charleston, south to the Kentucky border) are showing exponential growth. It now boasts two shopping centers south of Charleston, as well as continued growth in the Logan and Williamson areas. Infrastructure, such as water and sewers are either under construction or in the first stages of planning, benefiting both businesses and residents. Because Corridor H is not finished, it is difficult to accurately project what will happen economically. However:

• More than $4.6 billion has been spent in the Appalachian Region on the improvement and construction of ADHS corridors;
• In 1975, it was estimated that the money spent on building the ADHS accounted for 3,600 new full time equivalent jobs and a value added impact of more than $108 million;
• This translates into 300 new permanent jobs, on average, per corridor;
• It is projected that the capital projects will account for 500 new permanent jobs with a value added of nearly $23 million by 2015;
• By 2015, it is estimated that ADHS will have created 42,000 jobs in the region that, without it, would not have existed;
• The net increase in annual value added will be more than $2 million by 2015;
• The total life cycle economic impact of the 12 ADHS corridors, including the value added plus the portion of travel efficiency benefits, will total $5.5 billion in discounted 1995 price levels;
• Individual corridor returns on investment range from $59 million to $1.2 billion.

top of page



Cost of Corridor H

Highway construction is always expensive but it is especially costly in the rugged terrain of West Virginia. Believe it or not, most of highway construction cost is spent moving "dirt." In our rugged mountains, that cost is about $4.00/cubic yard. Corridor H, like all four-lane highways constructed in mountainous areas, will average between $10 and $11 million per mile to construct—a total of over $1 billion.


top of page