Greater Farmland Civic Association concerns and objections
Based on a review of the DEIS and other documents provided by SHA, the GFCA has several key concerns and objections to this P3 project:
I. First and foremost, our civic association of nearly 1,000 households supports our 50+ neighbors whose properties will be directly affected by the expansion:
II. GFCA concerns related to environmental health and climate change:
III. GFCA objections to the way the state has pushed through this P3 and exposed Marylanders to risks:
IV. We believe alternatives need to be considered before signing the 50 year contract:
Notes:
1) From the Treasurer’s report, REVIEW OF PROPOSED PUBLIC-PRIVATE PARTNERSHIP JULY 9, 2021, page 5: “Types of Phase 1 South costs Predevelopment costs. Predevelopment costs such as design, financial plan development, etc. would be reimbursed to AMP [the company to hold the contract] upon successful financial close of the first Section P3 Agreement for Phase 1 South. This reimbursement is capped at $54.3 million, but the cap could be increased if certain events occur (see next section).”
2) From the Treasurer’s report, REVIEW OF PROPOSED PUBLIC-PRIVATE PARTNERSHIP JULY 9, 2021, page 5: “Termination costs. If Phase 1 South is cancelled by MDOT for convenience, the NEPA process does not allow the project to move forward, a court order determines the contract to be void not for the fault of the Developer, or changes to key assumptions render the project not financially viable, MDOT will be responsible for paying AMP a termination fee of up to $50.0 million. MDOT would receive any work products developed by AMP.”
To access the interactive map of the proposed expansion, see https://rkk.maps.arcgis.com/apps/webappviewer/index.html?id=8e758952d6c44b8eae8d36ce03e7ee7d
Based on a review of the DEIS and other documents provided by SHA, the GFCA has several key concerns and objections to this P3 project:
I. First and foremost, our civic association of nearly 1,000 households supports our 50+ neighbors whose properties will be directly affected by the expansion:
- 50 homes on Hounds Way, Split Rail Court, Plantation Lane, Plantation Court, and Dinwiddie Drive will be directly, adversely affected. Several more will be affected on Whippoorwill Lane. A number of neighbors will lose strips of property as the wall is moved closer. One house on Plantation Court, in particular, will lose a significant amount of property in order for a storm management pond to be built. The Tilden Lane conservation easement will be reduced to accommodate a second storm pond. Additionally, strips from the conservation easement along Montrose Road will be used to relocate ramps and install signage and electrical service.
- Vegetation and tree screen will be removed on the easement and it will be removed from property as needed. Even trees not removed but whose root systems fall within the limit of disturbance will die as soil is disturbed and compacted. There is no mention in the project documentation about restoring private landscaping destroyed during construction. There is limited information about whether or not landscaping as a vegetation screen for homeowners will be done. The DEIS refers specifically only to landscaping to be done for the drivers’ view.
- Our area has been out of compliance with federal Air Quality Standards for many years; the addition of lanes, and therefore roadway capacity, will further exacerbate the air and noise pollution our residents face, making the air increasingly unhealthy for us and the kids at Farmland Elementary School. The DEIS indicates that the expanded roadways will allow for an additional 50,000 vehicles by 2040.
- One of the few access points to the HOT lanes will be from Montrose Road via new ramps and lanes to be constructed. Cars will not be able to enter the HOT lanes directly from the main travel lanes. The DEIS reports that traffic on Montrose Road will increase as a result of adding the access point, but says that it expects the inconvenience to local residents will be minimal. We don’t buy it.
- The toll lanes will end at the Inter-County Connector to the North and the Beltway merge with I-270 east just before the Rock Creek Roller Coaster section of the Beltway where traffic already backs up, requiring merging of toll and regular lanes just north and east of our neighborhood and resulting in more air and noise pollution to our residents.
- The Project is being falsely sold. It will not add four toll lanes; rather, it will add two toll lanes and convert the existing HOV lanes that are available to all 23 hours a day to 24-hour toll lanes, meaning that those who do not wish to pay exorbitant tolls (up to $50 from the American Legion Bridge to the Inter-County Connector) will be squeezed onto two fewer lanes, leading to more traffic back-ups adjacent to our neighborhood and further pollution of the air we breathe, as well as additional noise. High occupancy/carpool vehicles, among the more effective transportation modalities on highways, will lose their advantage as their lanes are removed in favor of fee-paying single-occupancy vehicles.
II. GFCA concerns related to environmental health and climate change:
- The Managed Lanes project will only accelerate climate change. According to The Maryland Draft Plan to Achieve Climate Goals, transportation accounted for 40% of Maryland’s gross Greenhouse Gas (GHG) emissions in 2017. By focusing on adding roadway capacity instead of reducing the number of cars on the road, the project applies 20th Century thinking to 21st Century problems.
- The project disincentivizes carpooling by removing the current HOV lanes designed to promote carpooling.
- While the Managed Lanes project will allow commuter buses to ride free in the toll lanes; there is no actual Bus Rapid Transit program or funding. The state has proposed using some of its toll revenue profits to fund it, but this revenue money is simply an unspecified projection.
- Most concerning, the proposed contract will give the private entity constructing and operating the toll lanes the right of first refusal over any competing projects for 50 years, which means that it will have veto power over any proposed highway and transit projects that would threaten its revenue during the time period most crucial to grappling with climate change.
III. GFCA objections to the way the state has pushed through this P3 and exposed Marylanders to risks:
- Maryland's Department of Transportation (MDOT) promised that they would not move forward without completion of a federally mandated Environmental Impact Statement (EIS) that would spell out the environmental impact of the project, including in our neighborhood. The EIS has not been completed.
- The draft EIS did not consider alternatives to building new lanes, such as the reduction or stabilization of traffic on I-270 through (1) widening use of telework during the COVID-19 Pandemic, (2) workforce desire to permanently telework full or part time, (3) staggered work hours, (4) improvements to rail service (Metro, MARC, Monorail or rail service on the 270 Corridor), (5) Smart-Growth opportunities at and around Metro Stations, including the production of more affordable housing opportunities, and (6) Transportation Demand Management projects and policies such as Bus Rapid Transit and the Corridor Cities Transitway.
- The traffic projections were done pre-COVID-19 and do not take into account the rise in telecommuting (people working from home) and the likely permanent change to the way people work, making the additional lanes unnecessary for the future
- The Project does not account for necessary infrastructure relocation on I-270, making us liable for the billions in cost to relocate water and sewer lines along I-270.
- MDOT has shown that it is incapable of entering into and managing contracts that ensure construction at no cost to us; the Purple Line, another P3 project, is stalled and rusting away and now requires taxpayers to pay at least $250 million to get the project back on track.
- MDOT has refused to share cost data for the Project and refused to admit that the project will end up costing taxpayers.
IV. We believe alternatives need to be considered before signing the 50 year contract:
- The County Executive has proposed a simpler and less costly and disruptive solution that would ease traffic congestion: make the two existing HOV lanes on 270 reversible in rush hour.
- Public bond financing, the traditional way of funding infrastructure projects, is much less costly and a proven way of financing public projects, in addition to allowing for much better oversight and policy/project flexibility in the future.
- With the Infrastructure Bill pending before Congress, now is the time to obtain federal funding for I-270 improvements, rather than relying on costly private financing of toll lanes and ceding control over a public highway.
Notes:
1) From the Treasurer’s report, REVIEW OF PROPOSED PUBLIC-PRIVATE PARTNERSHIP JULY 9, 2021, page 5: “Types of Phase 1 South costs Predevelopment costs. Predevelopment costs such as design, financial plan development, etc. would be reimbursed to AMP [the company to hold the contract] upon successful financial close of the first Section P3 Agreement for Phase 1 South. This reimbursement is capped at $54.3 million, but the cap could be increased if certain events occur (see next section).”
2) From the Treasurer’s report, REVIEW OF PROPOSED PUBLIC-PRIVATE PARTNERSHIP JULY 9, 2021, page 5: “Termination costs. If Phase 1 South is cancelled by MDOT for convenience, the NEPA process does not allow the project to move forward, a court order determines the contract to be void not for the fault of the Developer, or changes to key assumptions render the project not financially viable, MDOT will be responsible for paying AMP a termination fee of up to $50.0 million. MDOT would receive any work products developed by AMP.”
To access the interactive map of the proposed expansion, see https://rkk.maps.arcgis.com/apps/webappviewer/index.html?id=8e758952d6c44b8eae8d36ce03e7ee7d