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A last-minute change to a major Spotsylvania County road project is being reconsidered after complaints from environmental officials and county supervisors.
The Spotsylvania Courthouse Bypass, in the works since the late 1960s, is scheduled to be under construction by late summer or early fall.
But a decision by VDOT and federal highway officials to increase access to the north end of the bypass was roundly criticized by some who feared it would damage the Spotsylvania Court House battlefield.
Though the Federal Highway Administration approved the change in March, FHA officials announced Thursday that they were reviewing the change.
"We are working with the [National] Park Service and VDOT on this decision," said Nancy Singer, spokeswoman for the Federal Highway Administration. "We want to carefully evaluate any design change. Our goal is to ensure an informed decision is made on this."
Russ Smith, superintendent of Fredericksburg and Spotsylvania National Military Park, said he was relieved to get a phone call Thursday from Roberto Fonseca-Martinez, Virginia's division administrator with the Federal Highway Administration, indicating that the agency's decision may have been "premature."
"I feel like at least we'll have some discussion," said Smith, who said access from the bypass could bring developers to the park's edge.
"They promised what they promised [limited access] as a mitigation measure. For them to come back now and say it doesn't matter, then why did they promise it in the first place?" Smith said. "What other mitigation measure could they offer for putting a highway next to a national park?"
The highway is supposed to begin at the intersection of the existing State Route 208 (Courthouse Road) and Wild Turkey Drive, then stretch south and west, following the paths of Robert E. Lee Drive and Block House Road, before reconnecting with Route 208 at Post Oak just west of the Ta River.
The Virginia Department of Transportation originally planned to provide only limited access to the northernmost piece of the bypass, so as not to encourage development close to the battlefield.
First plan: farm access onlyIn keeping with that, the agency designed the road so that one of the properties it crosses--the Alrich family farm--would receive only a small "farm access" point, essentially an opening large enough to accommodate farm equipment but not large enough to support, for instance, a subdivision.
According to VDOT, the Alrich family objected, saying the tiny opening would hurt the future value of their property, about 168 acres sandwiched between Route 208 and the battlefield.
Worrying that it would have to pay heavy damages for that, VDOT relented and agreed to provide "regular access" to the Alrich property.
The Federal Highway Administration signed off on that change in March, but that hasn't sat well with the National Park Service or the state Department of Historic Resources.
Both agencies had approved the road's original design, and believe VDOT and federal highway officials should have sought public input before making any significant changes.
"Since there was an agreement for this if there's a change in the design, they have to kind of start the process a couple of steps back to amend the agreement," said Marc Holma, lead reviewer on the project for the Department of Historic Resources.
"They can't just say, 'This is what we agreed to,' and not give anyone a chance to comment on it," he said.
His agency was drafting a letter to the Federal Highway Administration stating as much. Smith, with the National Park Service, had already sent similar comments to federal and state highway officials.
Dave Ogle, VDOT's Fredericksburg District administrator, said federal highway officials called him Thursday to say they were "voiding" their March decision about increasing access to the Alrich property.
Instead, they want VDOT to first run any changes by the Commonwealth Transportation Board, which gave final approval to the bypass in December 2000.
"They weren't saying the decision they had made [in March] was a wrong decision, just that it was not in accordance with a resolution from the CTB and other information in the file," Ogle said.
Costs could climbThe decision to grant regular access to the Alrich property was made for several reasons, Ogle said.
Had VDOT limited access to the land, the estimated costs of buying right of way and paying damages would have run five times the amount that was budgeted, he said.
That's a poor use of taxpayer dollars, he said. And it would have indefinitely delayed construction of the bypass, which is supposed to reduce congestion at Route 208 and State Route 613 (Brock Road).
"The potential cost was so great, it may keep us from being able to build the project at this time," Ogle said. "This is not just a free source of money out there. This is money we put in the coffers to build roadways."
VDOT has spent $4 million on right of way so far, buying all the acreage it needs for the bypass except the Alrich piece. Although VDOT needs only 12 acres of that parcel, officials fear the cost could exceed $1 million if regular access isn't granted and the agency has to pay damages.
Furthermore, the Alrich property is currently zoned to allow between 10 and 30 residential lots. If the owners want to intensify that development, they'll need a rezoning--something controlled by the county, not VDOT, Ogle said.
Though the current Board of Supervisors may not be inclined to grant a rezoning there, Supervisor Hap Connors said he can't predict what future boards might decide. Limiting access to the property from the bypass would be a better guarantee of light development, he said.
Spotsylvania asked VDOT to limit access to the Alrich property, and VDOT decided otherwise--without including the county in the conversation, Connors said.
"Just a courtesy call would've been nice," he said. "We're being admonished by the legislature to better control our land use. We also need a partner in VDOT to help us accomplish that goal."
Supervisor Bob Hagan was unsympathetic to VDOT's economic argument.
"Here they are saving some money by putting a significant battlefield at risk, which is the definition of penny wise and pound foolish," he said. "This, frankly, is the worst form of bureaucratic arrogance."
VDOT is expected to seek a contractor for the first half of the bypass, down to the Po River crossing on Block House Road, this summer. That section, costing $22.2 million, will be a four-lane, divided roadway.
The second phase, costing $21 million, is slated to begin construction in 2008. The road will be two lanes wide, with room to add two more when necessary.
If state and federal officials decide that sticking with limited access at the north end of the project is best, VDOT could still condemn the Alrich property, but the costs are likely to climb.
"If we do that, I'm going to end up with the right of way, but we're not going to be able to build the project," Ogle said.
To reach EDIE GROSS: 540/374-5428 egross@freelancestar.com
