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EXECUTIVE ORDER 13274
Task Force Agency Representatives Meeting Minutes
400 7TH STREET SW
ROOM 4200

2:00 p.m. - 3:30 p.m.

May 20, 2003

Call to Order: 2:05 p.m.
Co-Chair: Emil Frankel, Assistant Secretary for Transportation Policy
Co-Chair: Charles "Chip" Nottingham, FHWA Associate Administrator for Policy

  1. Introductions and Opening Remarks

    Emil Frankel, Assistant Secretary for Transportation Policy, called the meeting to order and thanked the Task Force Representatives for their attendance. He restated the Department's commitment to the implementation of the Executive Order and how beneficial the efforts of the Task Force have been. He thanked Secretary of Transportation for the State of Maryland, Robert Flanagan, for providing a presentation to the Task Force Representatives on the InterCounty Connector Highway Project. Charles "Chip" Nottingham, FHWA Associate Administrator for Policy, chaired the remainder of the meeting.

  2. InterCounty Connector Highway Project Presentation-State of Maryland

    Secretary Flanagan and representatives from the State of Maryland made a presentation on the InterCounty Connector (ICC) Highway Project. After an introduction of the project by Secretary Flannigan, Neil Pedersen, State Highway Administrator presented the issues to the Task Force. The State of Maryland is very committed to taking the appropriate steps to completing the new National Highway System link, linking the I-270 corridor via I-370 to US Route 1. The proposed roadway would have interchanges with US Route 29 and I-95 and would relieve congestion on the Washington Beltway I-495. The State of Maryland is reviewing the Purpose and Need and Alternatives for the revised Draft Environmental Impact Statement (DEIS) to insure that the appropriate Federal and state agencies can agree upon the revised statements.

    The agencies identified as those that would need to be consulted with included the Environmental Protection Agency (EPA) and the US Army Corps of Engineers (USACE).

    The State of Maryland stated that a Record of Decision is expected in 2 1/2 to 3 1/2 years by using innovative tools to design and build this project.

    A handout was provided to follow the presentation made by the State of Maryland. (Presentation handout provided in Meeting Minutes Materials).

  3. Status Report on Priority Projects

    A detailed status report was provided and verbal updates were given on the following priority projects.

    • Chittenden County Circumferential Highway, VT
    • US 93, MT
    • CETAP, Riverside County, CA
    • Philadelphia International Airport, PA

    Chip Nottingham, FHWA, made the presentation on the Chittenden Circumferential Highway project. On April 30, 2003, a meeting was held in Vermont between EPA, FHWA, Vermont Agency of Transportation (VTrans) and Vermont Agency of Natural Resources (VANR). FHWA Administrator Mary Peters, EPA Region 1 Administrator Robert Varney, and EPA Assistant Administrator for Enforcement and Compliance Assurance, J.P. Suarez attended. This meeting was the culmination of several months of coordination between FHWA and EPA staff. As the result of the efforts at this meeting, EPA agreed to be a cooperating agency and an active participant in the NEPA/project development process. A revised Environmental Assessment/Reevaluation was published on May 19, 2003 and a public information meeting will be held in late May, with the issuance of a decision document in June and construction commencing in September.

    Pam Stephenson, FHWA, made the presentation on US 93. The US 93 Corridor project is a series of reconstruction projects that runs from the Idaho Border to the Canadian Border-approximately 288 miles long. Areas of concern include the expiration of the exiting Section 404 permits; and wetland mitigation requirements. A tour of the project areas and a meeting with Confederated Salish and Kootenai Tribe (CSKT) was scheduled during the week of May 19-20, 2003, in which Deputy Assistant Secretary Joel Szabat attended and will be providing a summary of his travels at the next meeting. Currently, areas are being investigated to determine wetland mitigation requirements on and off of the Indian Reservation Lands and there has been a stalemate between the USACE and CSKT on how that issue will be addressed because of the requirement for permanent protection on replacement sites.

    Chip Smith, USACE, stated that he was also tribal liaison for the DOA and was committed to ensuring that USACE policies for permanent easements accommodate Tribal Sovereignty and Trust Lands with regard to wetland mitigation. Mr. Smith stated that he and his staff would investigate the issue and report back to the group at the next Task Force Meeting.

    Anne Miller, EPA, stated that EPA has a very positive experience with the CSKT on the tribe's water quality program. Paul Hoffman, DOI also added that Bureau of Indian Affairs at DOI would be a point of reference if questions arise.

    Pam Stephenson, FHWA, made the presentation on the CETAP project. The north-south corridor study is still on schedule with a tier 1 FEIS to be issued in June. However, the east-west corridor study may be delayed, depending on how Riverside County wants to proceed. Based on the agreement reached on January 22, 2003, is going to require additional studies be performed to supplement the DEIS. In addition, Riverside Counties ability to fund additional work at this time has been impaired by the State of California's budget crisis. At a small working group meeting on May 2, 2003, Supervisor John Tavaglione, County Supervisor-Second District, advised the Federal agencies that local elected officials have asked that a new alternative be studied for the Hemet to Corona-lake Elsinore corridor that was dropped during the preliminary alternatives analysis of the current study. This proposal would stop the tier studies and proceed to a an EIS for a single alternative alignment The County will decide in June what studies it wishes to undertake.

    Ralph Thompson, FAA, made the presentation on the Philadelphia International Airport. Currently, a streamlining leadership conference has been scheduled for late June. This meeting will be held in Philadelphia, Pennsylvania. Woodie Woodward, Associate Administrator for Airports, will chair the meeting. Agencies that will be notified include the Advisory Council on Historic Preservation (ACHP), DOI, and the Pennsylvania Department of Environmental Protection. A report will be made on the status of the Philadelphia International Airport project at the next Task Force Meeting.

  4. CEQ Guidance on Purpose and Need [Alternatives]

    Edward Kussy, Acting Chief Counsel-Federal Highway Administration provided a brief overview of the recently signed guidance on Purpose and Need and Alternatives prepared by the Council on Environmental Quality (CEQ). The recently formed Working Group for Purpose and Need [Alternatives] will look at this issue in greater detail and prepare an issue paper to be included as part of the Report to the President. A copy of the CEQ Guidance is attached as part of meeting minutes materials.

    Chip Miller, USACE, stated that Purpose and Need is a critical area. The review of this issue may insure some level of consistency with both the National Environmental Policy Act (NEPA) and Section 404 of the Clean Water Act (CWA).

  5. Task Force Issue Working Groups

    Pam Stephenson, FHWA, facilitated this section of the meeting. The Issue Working Groups will be responsible for preparing an issues paper to be included as part of the end of the year report to the President. The Working Groups established include:

    • Integrated Planning Obstacles and Opportunities
    • Indirect and Cumulative Effects
    • Purpose and Need [Alternatives]

    Each issue paper prepared by the Working Groups will include:

    • Background on Issue/Discussion
    • Proposed Objectives
    • Task elements
    • Products.

    Each issue paper will be included as part of the annual Report to the President that will be prepared by late November/early December.

    Anne Miller, EPA, suggested that prior to allowing the public to review the Draft Report to the President, there is careful thought as to what type of response is expected so that once the information is provided there is clear direction to accompany the written document.

    Chip Nottingham provided a brief re-cap. The Working Groups will begin to meet to prepare their issue papers.

    The next meeting of the Task Force is scheduled for July 24, 2003 from 2:00 p.m. - 3:30 PM at DOT. This will be a working meeting to review the status of the issue papers prepared by the Task Force Working Groups.

    Meeting adjourned at 3:35 p.m.