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It's not exactly the biggest news I've written about, but tonight ANC 6B voted unanimously to write a letter in support of CSX's request to the Department of Parks and Recreation to do some minor digging in Virginia Avenue Park as part of its NEPA requirements for the Virginia Avenue Tunnel expansion project. They'll be taking core samples, 1.5 inches in diameter, five feet in depth, about every 200 feet, looking for any archaelogically significant findings. (And, no, these samples won't be taken in the community garden.) If anything is found in the samples, CSX would then need to get new permits to do more extensive digging. There are also two other locations relatively close to the park where they'll take core samples, over by 11th Street.
Steven Flippin of CSX also told the commissioners that the first public meeting required by the NEPA process is tentatively scheduled for Oct. 20, at a time and place to be determined. This will be a "scoping" meeting, laying out the overall parameters of the project and the NEPA process. It will be followed, after a 30-day comment period, by an "alternatives" meeting. After another comment period, the final "overall" meeting about the tunnel project will be held, most likely in February of 2011.
I should also mention that commissioner Kirsten Oldenburg thanked CSX for paying for the new fence at Virginia Avenue Park that has now created the separate-enclosed-space-that-in-no-way-should-be-construed-as-being-an-official-dog-park.
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Mark says: (9/23/10 8:19 AM)
Go away CSX.


Mark says: (9/23/10 8:20 AM)
Go away CSX.


Rob Lee says: (9/25/10 5:52 PM)
Does anyone know exactly what law was passed to give CSX this "right of way" on Virginia Ave. and what it exactly says in what they have for the dimensions of their "right of way?"

Seems we are simply "trusting" CSX to say that they actually have a "right of way" on VA Avenue. Where is the proof? What is the law that was passed? What exactly does it say and give them access to?

How would we find this out since I have asked CSX this question and they seem to not want to share their legal "right of way" information. They just are telling us that it exists.

Where is the legal documentation detailing their "right" to our neighborhood?

Rob Lee


JD says: (9/25/10 6:10 PM)
Rob, I'm pretty sure the city government would be quick to step in if CSX didn't have the legal right to dig up a city street for two-plus years. I think it goes back to the federal railroad act passed somewhere in the 1900-1905 timeframe. (And now I hear MJM's footsteps, RACING to answer this question as quickly as he can. ;-) ) It's not just a local law, it's the law that govern rail lines across the country.

If you're really serious that you want 100% confirmation that CSX has the legal right to do what they say, then you need to start hiring lawyers to get all of this researched, so that you know precisely what CSX is legally allowed to do.






Rob Lee says: (9/26/10 2:25 AM)
I know that eventually it might need to come to that (re: hiring lawyers)

What gives them exactly "100" feet width to cut? Why not "200"? Why not "50"? Where does this number come from?

Im sure they have a right to dig. No doubt there.

You were there during our "tour". When I asked exactly how they keep throwing this "100 feet" right-of-way wide figure out. Stephen Fillipin clearly dodged the question when pressed. Not once, but in 2 separate instances. He just said that they had the legal right but withheld how they knew this number.

Why so secretive? Why not clearly show the documents for all to see? This just does not generate a feeling of trust with CSX if they cannot even detail something so simple.



JD says: (9/26/10 12:58 PM)
I'd spend some time reading these documents for research, using tidbits in them to find out more:

Acts of Congress of 1901 and 1903 Providing for Elimination of Grade-Crossings of Railroads in the District of Columbia, and Authorizing Construction of Union Station and Terminals, from the Journal of Proceedings:
link


Federal and local legislation relating to canals and steam railroads
(searching for Virginia Avenue)
link

I'd also remember that there was the Navy Yard Tunnel before the Virginia Avenue tunnel, and that when the Virginia Avenue Tunnel was built in 1904-1905 as part of the plan that then created Union Station, it was hooked up to the existing Navy Yard Tunnel, which I believe was built in the 1870s.

(and I found these through about an hour of Googling)


Mike McEleney says: (9/26/10 8:13 PM)
JD,

The same law that authorizes the VA Avenue Tunnel forbids the operator (now CSX) from using temporary tracks along the right of way without authority from the District or Congress. CSX's own plan for the tunnel involves placing temporary tracks along the alignment while the tunnel is expanding, a clear violation of the law.


JD says: (9/26/10 8:32 PM)
Mike--I haven't read all 108 years of intervening legislation and case law pertaining to federal railway statutes to know one way or the other whether the 1901 and 1903 acts have ever been superseded. It sounds like you have?


Mike McEleney says: (9/26/10 11:00 PM)
JD,

My own research and those of a railroad counsel I know show that the law is still in effect. All that is needed is a plaintiff.


Rob Lee says: (9/29/10 5:17 PM)
Mark: If CSX tunnel project is of interest to you and you are a resident of Capitol Quarter. There is a Capitol Quarter HOA committee working together for the interests of the community. Contact the board to find out more information and to help. The email is: cqboard "at" gmail "dot" com. There is a meeting tonight: Wed, Sept 29 at 7.

Anyone else affected by CSX: If you are working in another community group and want to share notes about your CSX tunnel concerns, also please contact the cqboard "at" gmail "dot" com to connect with the committee.

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City Government Data for Near Southeast Records added or updated recently displayed here; click the "archive" links to see additional detail and older records. All data from DC Government databases and RSS feeds. JDLand takes no responsibility for errors, omissions, etc. (read CapStat disclaimer). Data is retrieved daily.

Recent Crime Incidents Archive  
200 B/O M ST SE   THEFT /  10/12/14
200 B/O I ST SE   THEFT /  10/08/14
70 B/O I ST SE   THEFT F/AUTO /  10/08/14
800 B/O L ST SE   BURGLARY /  10/07/14
9TH ST SE AND POTOMAC AVE SE   THEFT F/AUTO /  10/03/14
100 B/O K ST SE   THEFT F/AUTO /  10/03/14
VIRGINIA AVE SE AND 8TH ST SE   THEFT F/AUTO /  09/28/14
6D   THEFT F/AUTO /  09/27/14
1100 B/O NEW JERSEY AVE SE   THEFT /  09/26/14
300 B/O WATER ST SE   THEFT /  09/24/14
50 B/O M ST SE   THEFT /  09/24/14
6D   THEFT F/AUTO /  09/23/14
6D   THEFT F/AUTO /  09/23/14
1100 B/O NEW JERSEY AVE SE   THEFT /  09/23/14
1100 B/O NEW JERSEY AVE SE   THEFT /  09/23/14
700 B/O M ST SE   THEFT /  09/23/14
1200 B/O 12TH ST SE   THEFT F/AUTO /  09/23/14

Active Public Space Permits Archive  
1331 2ND ST SE    Carlton Ray 
Assigned
paving; streetfixture; excavation  
 02/10/14
to
02/09/15
1331 4TH ST SE    Forest City Forest City 
Issued
excavation; new  
 01/10/14
to
02/10/15
301 TINGEY ST SE    Potbelly Sandwich Works LLC 
Issued
new  
 03/21/12
to
11/27/14

Recent Issued Building Permits Archive  
1212 4TH ST SE   
10/10/14 
FORREST CITY
TL1500006 / CONSTRUCTION
CHANGE OWNER ADDRESS ON EXISTING BUILDING PERMIT TL1400136
1019 4TH ST SE   
10/14/14 
JOHN SHORT
F1500026 / CONSTRUCTION
WE WILL INSTALL AN ORNAMENTAL IRON FENCE IN THE FRONT YARD WITH A GATE. THE FENCE IS 3 FEET HIGH AND THE FENCE WILL BE BLACK IRON. FENCE IS ENTIRELY ON PUBLIC SPACE.
1212 4TH ST SE   
10/16/14 
FC 1212 LLC / PAUL R. JABLONSKI
E1500411 / SUPPLEMENTAL
   
10/16/14 
FC 1212 LLC / ARK SIGN SERVICES INC.; NONE
SG1500034 / CONSTRUCTION
INSTALL ONE WALL MOUNTED ILLUMINATED SIGN.
1103 9TH ST SE   
10/10/14 
ICP PARTNERS POTOMAC 810 LLC / HARRY RIDGEWAY
P1500293 / SUPPLEMENTAL
1220 12TH ST SE   
10/10/14 
WASHINGTON GAS LIGHT CO /
P1500284 / SUPPLEMENTAL
80 M ST SE   
10/10/14 
VEIC / GEORGE DELGADO
B1411521 / CONSTRUCTION
INTERIOR ALTERATION TO SUITE 310 AS REQUIRED FOR EXPANSION. WORK TO INCLUDE ELECTRICAL MECHANICAL AND PLUMBING
20 M ST SE   
10/17/14 
SOUTHEAST REALTY LLC / DAMON ELLIS; .
SG1400457 / CONSTRUCTION
INSTALLATION OF NEW NON ELECTRIC SIGN 10FT L 1FT 8IN H 3IN W
99 M ST SE   
10/07/14 
BALLPARK SQUARE 701 LLC / STEVEN ADAMCHAK ECS MID-ATLANTIC LLC
SB1400475 / CONSTRUCTION
TWO GEOTECHNICAL BORINGS TO A AN APPROXIMATE DEPTH OF 60 FT BELOW EXISTING SITE GRADES TO BE LOCATED WITHIN PRIVATE PROPERTY. TWO BORINGS WILL BE CONVERTED TO TEMPORARY MONITORING WELLS.
100 M ST SE   
10/10/14 
SQUARE 743 INC /
P1500281 / SUPPLEMENTAL
   
10/07/14 
SQUARE 743 INC / ANTHONY G SAMBURG
E1500145 / SUPPLEMENTAL
   
10/15/14 
NORTHWOOD INVESTERS LLC / STANLEY HUBBARD; NORTHWOOD INVESTERS LLC; STANLEY HUBBARD
E14516088 / SUPPLEMENTAL
   
10/17/14 
WASHINGTON D.C. / GARY MCVEY; WASHINGTON D.C.; GARY MCVEY
E50257566 / SUPPLEMENTAL
901 M ST SE   
10/16/14 
CARLTON RAY
AH1500035 / CONSTRUCTION
TO PERFORM TEMPORARY LANE CLOSURES
1201 M ST SE   
10/14/14 
COMCAST CABLE / MICHAEL SONESEN
AH1500018 / CONSTRUCTION
PLACING INNERDUCT IN EXISTING VERIZON MANHOLES. OCTOBER 9 2014 ? NOVEMBER 9. 2014. 7PM ? 2AM WEEKNIGHTS ? SATURDAYS
   
10/16/14 
CARLTON RAY
AH1500034 / CONSTRUCTION
TO PERFORM TEMPORARY LANE CLOSURES
1000 NEW JERSEY AVE SE   
10/14/14 
CAPITOL HILL TOWER HOUSING COOPERATIVE INCF / RICHARD G. FINFROCK
P1500331 / SUPPLEMENTAL
1111 NEW JERSEY AVE SE   
10/10/14 
DONOHOE DEVELOPMENT COMPANY / HERB LAWHORN
SB1400488 / CONSTRUCTION
A HOLLOW STEM AUGER WILL INSTALL 10 TEMPORARY DEWATERING WELLS BY ADVANCING A 12 INCH OUTER DIAMETER / 8 1 / 4 INCH INNER DIAMETER BORE HOLE TO A DEPTH OF 70 FEET BGS. AT DEPTH A 4 INCH PVC FLUSH JOINT THREADED WELL ASSEMBLY WILL BE SET AND SELECT FILTER PLACED. INTO EACH WELL WILL BE INSTALLED 2 HP TURBINE SUBMERSIBLE PUMPS. EFFLUENT WILL BE DIRECTED THROUGH A COMMON MANIFOLD TO A BAFFLED SETTLIN...
   
10/16/14 
GALLERY CAPITOL RIVERFRONT / THOMAS P MCGUIRE
E1500402 / SUPPLEMENTAL
25 POTOMAC AVE SE   
10/08/14 
MRP REALTY / JASON BENTLEY
SH1400037 / CONSTRUCTION
SHEETING AND SHORING FOR NEW BUILDING
300 TINGEY ST SE   
10/06/14 
FC BOILERMAKER LLC FC BOILERMAKER LLC / FC BOILERMAKER FC BOILERMAKER LLC
B1500169 / CONSTRUCTION
INSTALLATION OF KITCHEN FIRE SUPPRESSION SYSTEM
   
10/15/14 
FC BOILERMAKER LLC / BIRKHEAD ELECTRIC INC.; ERIN ANCHOR SIGN INC
SG1500023 / CONSTRUCTION
2-COMMERCIAL SIGN INSTALLATION
AH = After Hours; B = Alteration & Repair; D = Demolition; E = Electrical; FB = Boiler; M = Mechanical; P = Plumbing and Gas; PC = Post Card; R = Raze; SG = Sign; TL = Tenant Layout; TN = Tent; RW = Retaining Wall;

Real Property Sales Archive  
CUSHING PL   09/11/14
$ 9,000,000
HALF STREET RESIDENTIAL PJV LLC
 
HALF ST   09/11/14
$ 12,500,000
HALF STREET RESIDENTIAL PJV LLC
 
N ST   09/11/14
$ 12,500,000
HALF STREET RESIDENTIAL PJV LLC
 
CUSHING PL   09/11/14
$ 9,000,000
HALF STREET RESIDENTIAL PJV LLC
 
N ST   09/11/14
$ 12,500,000
HALF STREET RESIDENTIAL PJV LLC
 
N ST   09/11/14
$ 12,500,000
HALF STREET RESIDENTIAL PJV LLC
 
HALF ST   09/11/14
$ 12,500,000
MR BP RESIDENTIAL #1A LLC
 
N ST   09/11/14
$ 12,500,000
MR BP RESIDENTIAL #1A LLC
 
0025 POTOMAC AV   08/08/14
$ 78,486,500
RIVERFRONT HOLDINGS I LLC
 


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