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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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Recent Crime Incidents Archive  
200 B/O VIRGINIA AVE SE   MOTOR VEHICLE THEFT /  07/10/14
900 B/O HALF ST SE   THEFT F/AUTO /  07/10/14
100 B/O M ST SE   THEFT /  07/09/14
4TH ST SE AND L ST SE   ROBBERY /  07/08/14
800 B/O POTOMAC AVE SE   THEFT /  07/07/14
300 B/O K ST SE   THEFT F/AUTO /  07/07/14
1100 B/O NEW JERSEY AVE SE   THEFT /  07/05/14
100 B/O L ST SE   THEFT F/AUTO /  07/04/14
1100 B/O 2ND PLACE SE   THEFT F/AUTO /  07/03/14
2ND PLACE SE AND I ST SE   THEFT F/AUTO /  07/02/14
70 B/O I ST SE   ROBBERY / GUN  07/02/14
200 B/O I ST SE   THEFT F/AUTO /  07/02/14
400 B/O M ST SE   MOTOR VEHICLE THEFT /  06/30/14
UNIT B/O M ST SE   THEFT F/AUTO /  06/30/14
70 B/O I ST SE   THEFT /  06/29/14
1100 B/O 1ST ST SE   THEFT F/AUTO /  06/28/14
900 B/O 4TH ST SE   THEFT /  06/28/14
70 B/O I ST SE   THEFT /  06/26/14
1000 B/O NEW JERSEY AVE SE   THEFT F/AUTO /  06/26/14
7TH ST SE AND L ST SE   ROBBERY /  06/25/14
3RD ST SE AND K ST SE   THEFT F/AUTO /  06/24/14
300 B/O I ST SE   MOTOR VEHICLE THEFT /  06/23/14

Active Public Space Permits Archive  
1011 1ST ST SE    Pepco Holdings Inc 
Issued
excavation; new  
 06/26/14
to
08/26/14
1331 2ND ST SE    Carlton Ray 
Assigned
paving; streetfixture; excavation  
 02/10/14
to
02/09/15
804 3RD ST SE    Maximiliano Villagra 
Issued
streetfixture; new  
 08/05/14
to
08/06/14
904 3RD ST SE    Janel Fitzhugh 
Issued
streetfixture; new  
 07/01/14
to
08/14/14
908 3RD ST SE    Rachel Frankel 
Issued
streetfixture; new  
 07/24/14
to
09/21/14
1026 3RD ST SE    Wash Gas & Light Co. 
Issued
excavation; new  
 06/26/14
to
09/04/14
1331 4TH ST SE    Forest City Forest City 
Issued
excavation; new  
 01/10/14
to
02/10/15
913 5TH ST SE    Wash Gas & Light Co. 
Issued
excavation; new  
 06/26/14
to
08/28/14
1100 - 1199 BLOCK 1ST ST SE    tom cash 
Issued
excavation; new  
 06/27/14
to
08/25/14
410 M ST SE    Pepco Holdings Inc 
Issued
excavation; new  
 07/11/14
to
09/08/14
800 NEW JERSEY AVE SE    Pepco Holdings Inc 
Issued
excavation; new  
 06/20/14
to
08/22/14
880 NEW JERSEY AVE SE    WASHINGTON GAS 
Issued
excavation; new  
 05/27/14
to
07/27/14
    WASHINGTON GAS 
Issued
excavation; new  
 06/17/14
to
08/17/14
    WASHINGTON GAS 
Issued
excavation; new  
 07/28/14
to
09/26/14
1105 NEW JERSEY AVE SE    Wash Gas & Light Co. 
Issued
excavation; new  
 06/13/14
to
08/11/14
301 TINGEY ST SE    Potbelly Sandwich Works LLC 
Issued
new  
 03/21/12
to
11/27/14

Recent Issued Building Permits Archive  
1100 1ST ST SE   
07/15/14 
NA NA NA
EHOP1490710 / HOME OCCUPATION
1265 1ST ST SE   
07/03/14 
CAPITOL RIVERFRONT HOTEL LLC / DANIEL RUDE; CAPITOL RIVERFRONT HOTEL LLC; DANIEL RUDE
P71911683 / SUPPLEMENTAL
   
07/03/14 
CAPITOL RIVERFRONT HOTEL LLC / DANIEL RUDE; CAPITOL RIVERFRONT HOTEL LLC; DANIEL RUDE
G97426310 / SUPPLEMENTAL
   
07/03/14 
CAPITOL RIVERFRONT HOTEL LLC / DANIEL RUDE; CAPITOL RIVERFRONT HOTEL LLC; DANIEL RUDE
P13209615 / SUPPLEMENTAL
   
07/03/14 
CAPITOL RIVERFRONT HOTEL LLC / DANIEL RUDE; CAPITOL RIVERFRONT HOTEL LLC; DANIEL RUDE
P55243720 / SUPPLEMENTAL
1212 4TH ST SE   
07/11/14 
FC 1212 LLC /
P1406926 / SUPPLEMENTAL
   
07/14/14 
MIKE LENARD / BHAR; W. SAKIE BHAR
SG1400363 / CONSTRUCTION
INSTALL ONE SET OF BUILDING SIGN ON TO EXISTING BUILDING
1331 4TH ST SE   
07/09/14 
UNITED STATES OF AMERICA / RONALD C. CAYTON
E1406628 / SUPPLEMENTAL
1220 12TH ST SE   
07/16/14 
FAIRBANKS MORSE ENGINE / EVAN O'BRIEN/ D MCKEEVER SERVICES
B1409041 / CONSTRUCTION
INTERIOR ALTERATION TO EXISTING 2578 SF OFFICE SPACE. AFFECTED AREA LESS THAN 1000 SF TO CREATE DEMISING WALL AND MINOR ALTERATIONS TO PARTITION PLAN IN CONFERENCE AREA. MECHANICAL AND ELECTRICAL WORK INCLUDED.
326 L ST SE   
07/17/14 
NA NA NA
EHOP1490715 / HOME OCCUPATION
55 M ST SE   
07/16/14 
HINES GLOBAL REIT 55 M STREET LLC / TYRAN D. BRANNUM
E1407255 / SUPPLEMENTAL
20 M ST SE   
07/17/14 
SOUTHEAST REALTY LLC / JOHN GIUSEPPE-RAMCO
TL1400132 / CONSTRUCTION
FIRST TIME TENANT BUILDOUT FOR FAST FOOD ESTABLISHMENT - SUBWAY SANDWICH SHOP SEATING 41 AS SHOWN ON THE ATTACHED ARCH. MECH. PLUMB. ELECT AND FIRE PROTECTION DWGS. INTERIOR WORK ONLY.
55 M ST SE   
07/15/14 
HINES
B1409693 / CONSTRUCTION
INSTALL 6 AUTOMATIC DOOR OPERATORS LOCATED AT THE ELEVATOR LOBBIES BETWEEN THE 4TH-7TH FLOORS
901 M ST SE   
07/15/14 
CARLTON RAY
AH1400584 / CONSTRUCTION
TO PERFORM TEMPORARY LANE CLOSURES
1201 M ST SE   
07/15/14 
CARLTON RAY
AH1400585 / CONSTRUCTION
TO PERFORM TEMPORARY LANE CLOSURES
800 NEW JERSEY AVE SE   
07/14/14 
NEW JERSEY AT H LLC / COLIN CLARK
B1409654 / CONSTRUCTION
REVISION TO PERMIT #SH1400039 FOR A OWNERSHIP CHANGE
1000 NEW JERSEY AVE SE   
07/11/14 
CAPITOL HILL TOWER HOUSING COOPERATIVE INCF / RICHARD G. FINFROCK
P1406902 / SUPPLEMENTAL
   
07/11/14 
CAPITOL HILL TOWER HOUSING COOPERATIVE INCF / BRANDON K VIERNES
M1402531 / SUPPLEMENTAL
   
07/22/14 
CAPITOL HILL TOWER HOUSING COOPERATIVE INCF / DONALD R. MCGLYNN
E1407426 / SUPPLEMENTAL
1105 NEW JERSEY AVE SE   
07/07/14 
ST MATTHEWS BAPTIST CHURCH / ST MATHEWS CURCH
R1400051 / CONSTRUCTION
TWO STORY CHURCH
1111 NEW JERSEY AVE SE   
07/03/14 
NJA ASSOCIATES LLC / HERB LAWHORN
AH1400565 / CONSTRUCTION
INSTALL OVERHEAD PROTECTION ON M STREET SIDEWALK NORTH SIDE FOR METRO ENTRANCE ELEVATOR ENTRANCE BUS STOP AND PEDESTRIAN WALKWAY FROM NEW JERSEY AVE INTERSECTION WEST TO ALLEY APPROX. 100 LF
   
07/03/14 
NJA ASSOCIATES LLC / NJA ASSOCIATES LLC; COLIN CLARK
SH1300060 / CONSTRUCTION
EXCAVATION SHEETING AND SHORING OF THREE BELOW GRADE LEVELS FOR A FUTURE APARTMENT
1236 SOUTH CAPITOL ST SE   
07/11/14 
1244 SOUTH CAPITOL RESIDENTIAL LLC / GEOCAPITOL ENGINEERING LLC
SB1400340 / CONSTRUCTION
WE PROPOSE DRILLING THREE SIX-INCH DIAMETER GEOTECHNICAL TEST BORINGS USING THE HOLLOW STEM AUGER METHOD TO EVALUATE THE SUBSURFACE CONDITIONS. THE PROPOSED TEST BORING DEPTHS WILL BE 80 FEET BELOW THE EXISTING GROUND SURFACE. DRILLING EQUIPMENT WILL BE DECONTAMINATED BETWEEN EACH HOLE TO AVOID CROSS CONTAMINATION THROUGHOUT THE SITE. UPON COMPLETION THE GEOTECHNICAL TEST BORINGS WILL BE BACKFILLE...
1244 SOUTH CAPITOL ST SE   
07/11/14 
1244 SOUTH CAPITOL RESIDENTIAL LLC / GEOCAPITOL ENGINEERING LLC
SB1400341 / CONSTRUCTION
WE PROPOSE DRILLING TWO SIX-INCH DIAMETER GEOTECHNICAL TEST BORINGS USING THE HOLLOW STEM AUGER METHOD TO EVALUATE THE SUBSURFACE CONDITIONS. THE PROPOSED TEST BORING DEPTHS WILL BE 80 FEET BELOW THE EXISTING GROUND SURFACE. DRILLING EQUIPMENT WILL BE DECONTAMINATED BETWEEN EACH HOLE TO AVOID CROSS CONTAMINATION THROUGHOUT THE SITE. UPON COMPLETION THE GEOTECHNICAL TEST BORINGS WILL BE BACKFILLED ...
201 TINGEY ST SE   
07/11/14 
JBG COMPANIES / GEORGE DELGADO
B1409541 / CONSTRUCTION
ONE DAY SPECIAL EVENT FOR BMW SHOW--150 OCCUPANTS EXTERNAL GENERATOR RESTROOMS AND LIGHTING BAY DOORS TO REMAIN OPEN DURING FUNCTION
   
07/22/14 
JBG/SEFC 170 LLC / MICHAEL B. BELL
E1407422 / SUPPLEMENTAL
300 TINGEY ST SE   
07/08/14 
FVI 2020 / STEPHEN ADAMS; FVI 2020; STEPHEN ADAMS
E14277468 / SUPPLEMENTAL
   
07/10/14 
FORREST CITY AT THE YARDS / CRIS FLACK
TL1400123 / CONSTRUCTION
REVISION TO B1402734 FOR REVISIONS TO MECHANICAL AND ELECTRICAL SYSTEMS.
301 WATER ST SE   
07/03/14 
FOREST CITY COMMERCIAL GROUP / PAUL WARREN; FOREST CITY COMMERCIAL GROUP; PAUL WARREN
E63100944 / SUPPLEMENTAL
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;

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