[A] controversial bridge replacement project in Middlebury has been delayed. Questions have been raised about the Agency of Transportation’s decision to proceed without conducting an environmental assessment.
The town of Middlebury and the state transportation agency may have agreed on a path forward to replace two bridges in the center of town and upgrade the rail lines but some local business interests continue to oppose the project. Just as it seemed the multi-million dollar project was set to break ground, an environmental attorney representing Edgewater Gallery owner George Dorsey raised questions about the environmental impacts of the development.
In a letter to Chris Cole, the secretary of the Agency of Transportation, environmental attorney James Dumont argued that an assessment of potential impacts on soil and water was required under federal law. The state claimed that it was exempt from that requirement, but Dumont says an exemption is prohibited for projects involving “construction of temporary access, or the closure of existing road, bridge, or ramps, that would result in major traffic disruptions.”
As part of the bridge replacement project, Middlebury would be shut down to vehicular traffic for 10 weeks during year three of construction. If the state can begin site preparation and construction this year, the bridge would be shut down in 2019.
VTrans says the environmental assessment will likely delay the project for up to a year, perhaps longer.
Kevin Marshia, the chief engineer for VTrans says it’s “too early for us to tell how much of a delay this will be.”
“It’s likely we will not be under construction in 2017,” Marshia said.
It’s not the first time the bridge replacement project has been pushed back. The town and state have been discussing the issue for more than 20 years, and some argue the bridges should simply be replaced at lower cost and with less disruption to the town.
However, VTrans has said it needs to excavate the rail bed and lower it several feet so that double-stacked freight cars can pass through. Under this scenario clearance would increase from 19 to 21 feet.
The two bridges in the center of town would be demolished and replaced by a rail tunnel that would extend the town’s greenspace.
The estimated cost of the project is more than $50 million. However the decision to lower the rail bed has been a point of contention. A number of residents including Dorsey have argued that the state could simply replace the bridges at their current height and spend far less money. They see no reason to accommodate double stacked freight cars.
Selectboard Chair Brian Carpenter said the state’s decision to lower the rails has proved most controversial. “Trying to navigate those waters has been a challenge,” he said.
The environmental assessment will be carried out by the Federal Highway Administration and VTrans. If it results in a finding of no significant impact the project will proceed as planned. However, if significant impacts are identified a more rigorous environmental impact statement would be required.
“It is unfortunate that the collective efforts of so many can be sidelined by the threat of legal action,” Cole said in a statement. “But rather than carry that risk into construction and potentially cost the taxpayers additional funds, VTrans and FHWA have elected to engage in an additional administrative process.”
In his letter to Cole, Dumont pointed to potential public health risks, significant alterations to land use, and potential impacts on rivers, streams and endangered species as compelling reasons to conduct an assessment.
According to Dumont, lowering the track will require excavation of soil contaminated with benzene, arsenic and other toxic chemicals. “Unless the excavation process is physically isolated from the community,” he wrote, “it will expose residents, business employees and visitors to potentially dangerous levels of these chemicals in the resulting dust.”
Marshia said the environmental assessment would most likely not further delay restoration of passenger rail service from Rutland to Burlington. The prospect of passenger service connecting Rutland with the Queen City has also been discussed for years and the Agency of Transportation has said it hopes to have the rail line up and running in 2020 or 2021.
“We don’t anticipate an impact at this time,” Marshia said.
