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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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 More About CSX/Virginia Ave. Tunnel

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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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1100 B/O 10TH ST SE   THEFT F/AUTO /  09/08/14
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300 B/O M ST SE   ROBBERY /  09/03/14
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200 B/O M ST SE   THEFT /  09/02/14
300 B/O M ST SE   THEFT /  09/02/14
1100 B/O NEW JERSEY AVE SE   THEFT /  09/01/14
300 B/O K ST SE   THEFT F/AUTO /  08/31/14
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300 B/O I ST SE   MOTOR VEHICLE THEFT /  08/30/14

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1331 2ND ST SE    Carlton Ray 
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301 TINGEY ST SE    Potbelly Sandwich Works LLC 
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1259 1ST ST SE   
09/24/14 
CAPITAL RIVERFRONT HOTEL LLC / CAPITAL RIVERFR LLC; KIM MITCHELL CDKM CONSULTING LLC
AH1400705 / CONSTRUCTION
AFTER HOURS FOR PERMIT NO B1401471 - MONDAY THRU SATURDAY FROM 5 AM TO 7 PM - SEPT 30 THRU OCTOBER 29
1265 1ST ST SE   
09/22/14 
CAPITAL RIVERFRONT HOTEL LLC / CYNTHIA H LOPEZ
M1403317 / SUPPLEMENTAL
1212 4TH ST SE   
09/09/14 
FC 1212 LLC /
FB1400131 / SUPPLEMENTAL
   
09/09/14 
FC 1212 LLC / WENDELL D. NIXON
M1403160 / SUPPLEMENTAL
   
09/23/14 
THE YARDS
TL1400136 / CONSTRUCTION
FIRST TIME TENANT LAYOUT RELATED TO THE CONSTRUCTION OF A NEW PET VETERINARY BOARDING HOSPITAL AND VET USES PER ZC ORDER 13 THRU 15 AND AMENDMENT TO SECTION 1803.16 TO ALLOW PROPOSED USE IN THE SEFC CR DISTRICT MINOR ARCHITECURAL MECHANICAL PLUMBING ELECTRICAL AND FIRE LIFE SAFTEY WORK AS PER PLANS.
   
09/24/14 
THE YARDS / MIKE WHITE; THE YARDS; KENNETH G. JOHNSON
P13190284 / SUPPLEMENTAL
   
09/25/14 
FC 1212 LLC / TERRY L BOETTNER
M1403366 / SUPPLEMENTAL
   
09/25/14 
FC 1212 LLC /
P1408863 / SUPPLEMENTAL
   
09/26/14 
THE YARDS / ANTHONY HARRIS; THE YARDS; ANTHONY HARRIS
E68185255 / SUPPLEMENTAL
1331 4TH ST SE   
09/09/14 
UNITED STATES OF AMERICA /
P1407907 / SUPPLEMENTAL
1103 9TH ST SE   
09/16/14 
ICP PARTNERS POTOMAC 810 LLC / FRANKLIN T GAINES
P1408621 / SUPPLEMENTAL
1220 12TH ST SE   
09/18/14 
WASHINGTON GAS LIGHT CO / GREGORY E LIGON
E1409179 / SUPPLEMENTAL
   
09/19/14 
WASHINGTON GAS LIGHT CO / JAMES C. GYURAS
E1409204 / SUPPLEMENTAL
   
09/19/14 
WASHINGTON GAS LIGHT CO / JAMES C. GYURAS
E1409203 / SUPPLEMENTAL
   
09/22/14 
WASHINGTON GAS LIGHT COMPANY / RICHARD COLLINS; WASHINGTON GAS LIGHT COMPANY; ROBERT DIKE
E34340973 / SUPPLEMENTAL
601 L ST SE   
09/16/14 
DISTRICT OF COLUMBIA HOUSING AUTHORITY / EDUARDO L. LOPEZ
E1409105 / SUPPLEMENTAL
   
09/18/14 
DISTRICT OF COLUMBIA HOUSING AUTHORITY / RICHARD V CAREY
P1408678 / SUPPLEMENTAL
718 L ST SE   
09/22/14 
ALAN GAUNOUX G PROPERTIES
B1402025 / CONSTRUCTION
EXTERIOR WORK AT REAR OF PROPERTY ONLY. NO WORK ON FRONT FACADE REPAIR EXTERIOR BRICK AND POINT BRICK JOINTS AT REAR
20 M ST SE   
09/19/14 
SOUTHEAST REALTY LLC / MATT LOSIGNOR
P1408704 / SUPPLEMENTAL
   
09/19/14 
SOUTHEAST REALTY LLC / MATT LOSIGNOR
P1408703 / SUPPLEMENTAL
   
09/26/14 
SOUTH EAST REALTY LLC SOUTH EAST REALTY LLC / ADOLPHUS SIMMONS; SOUTH EAST REAL SOUTH EAST REALTY LLC; ADOLPHUS SIMMONS
P92093458 / SUPPLEMENTAL
55 M ST SE   
09/11/14 
HINES GLOBAL REIT 55 M STREET LLC / DANIEL O WHITE
E1408953 / SUPPLEMENTAL
100 M ST SE   
09/15/14 
SQUARE 743 INC. / SAM HOLLEN RAMCO OF DC INC.
TL1400150 / CONSTRUCTION
INTERIOR TENANT LAYOUT OF 6TH FLOOR OFFICE SPACE. PARTITIONS FURNITURE MEP AND LIFE SAFETY. REGUS 2429
   
09/20/14 
SQUARE 743 INC SQUARE 743 INC / KATE MITCHELL; SQUARE 743 INC SQUARE 743 INC; ROBERT HUNTER
AR53284155 / SUPPLEMENTAL
   
09/25/14 
SQUARE 743 INC / BERNARD D SASSER
E1409418 / SUPPLEMENTAL
901 M ST SE   
09/12/14 
CARLTON RAY
AH1400687 / CONSTRUCTION
TO PERFORM TEMPORARY LANE CLOSURES
1201 M ST SE   
09/12/14 
CARLTON RAY
AH1400686 / CONSTRUCTION
TO PERFORM TEMPORARY LANE CLOSURES
0 N ST SE   
09/10/14 
SNALLYGASTER / ERIK BERGMAN
TN1400195 / CONSTRUCTION
SPECIAL EVENT SNALLYGASTER 1 10X40 TENT 1 20X90 TENT 2 20X160 TENT 1 30X15 STAGE TENT TEMPORARY GENERATOR
   
09/10/14 
DISTRICT OF COLUMBIA / JAMES A. WILLIAMS
E1408914 / SUPPLEMENTAL
800 NEW JERSEY AVE SE   
09/17/14 
NEW JERSEY AT H LLC / COLIN CLARK
B1408553 / CONSTRUCTION
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880 NEW JERSEY AVE SE   
09/25/14 
880 NEW JERSEY AVENUE LLC / JOHN H THOMSON
E1409407 / SUPPLEMENTAL
25 POTOMAC AVE SE   
09/09/14 
GRIFFIN STEPHEN
PC60869040 / POST CARD
INSTALLATION OF 1 TEMPORARY CONSTRUCTION TRAILER ON PRIVATE PROPERTY.
   
09/26/14 
KEVIN SCHAAR MRP RESIDENTIAL / GEORGE KING MORETRENCH AMERICAN CORP
SB1400408 / CONSTRUCTION
DRILL AND INSTALL 106- 2 INCH WELLPOINTS IN 6 INCH BOREHOLE 25 FEET BAGS 4- 6 INCH WELLS IN 12 INCH BOREHOLE 40 FEET BAGS AND 2- 2 INCH OBSERVATION WELLS IN 6 INCH BOREHOLE 20 FEET BAGS. WELLPOINTS DRILLED BY DUAL-ROTERY USING CLEAN WATER. WELLS DRILLLED BY MUD-ROTARY DRILLING. SEE PROVIDED MORETRENCH WORK PLAN AND DRILLING SUMMARY."
1500 SOUTH CAPITOL ST SE   
09/09/14 
COMCAST CABLE / MICHAEL SONESEN
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PLACING INNERDUCT IN EXISITING VERIZON MANHOLES SEPTEMEBR 5TH 2014 - OCTOBER 5TH 2014 EVENINGS ? SATRUDAYS 7PM TO 2AM
300 TINGEY ST SE   
09/11/14 
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B1407179 / CONSTRUCTION
INTERIOR ALTERATION FOR NEW UNLEASHED BY PETCO STORE.
   
09/13/14 
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09/18/14 
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09/18/14 
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AR65033933 / SUPPLEMENTAL
   
09/25/14 
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