February 2023 - Parks & Recreation - 29

nal design on Section 4(f) resources
with the effects of the new design
(including with a separated bike/
ped path option) on the same Section
4(f) resources. " In so doing, the
court found the Re-evaluation had
reasonably incorporated its original
2012 Final Section 4(f) Evaluation
and mitigation measures.
Moreover, the court noted: " The
impact on the Historic Nice Bridge
remained the same; it would be demolished
under both designs. "
Section 4(f) Constructive
Harm
The plaintiffs had further argued
the new bridge and the absence of
a separated bike/ped path to cross
the river would cause " constructive
harm " on " Section 4(f) properties
by reducing the number of cyclists
and pedestrians who may access
them via a bridge. " In particular,
plaintiffs
alleged " constructive
harm " to the Section 4(f) properties
would occur " because the new
bridge prohibits pedestrians altogether "
and " dangerous " shared
bike lanes would " deter most cyclists
from crossing the bridge, "
leaving " no other bridge option for
cyclists and pedestrians. " In addition,
plaintiffs contended " a separated
bike/ped lane, which was
contemplated in the initial design
and approved in the 2012 FONSI
and Final Section 4(f) Evaluation,
mitigated this constructive harm to
Section 4(f) and 6(f) parks and resources
in Virginia. "
The federal district court rejected
this argument. In the opinion of
the court, plaintiffs had " not made
even a preliminary showing that
the as-built bridge will result in any
loss of access to Section 4(f) property. "
On the contrary, before the
In their lawsuit, plaintiffs
claimed the defendants
had violated various
federal and state
environmental laws by
failing to consider the
impact of demolishing
the Historic Nice Bridge
without including a
separated bike/pedestrian
lane on the new bridge.
bridge improvement project, the
court found " neither cyclists nor
pedestrians could cross the Historic
Nice Bridge. " However, with the
new bridge built, the court noted
" cyclists may cross the Potomac in
shared lanes with additional riderfriendly
features " :
[T]he fact that the defendants
initially offered to provide cyclists
and pedestrians with a great deal
of access to Section 4(f) properties
and then provided cyclists less
access (and pedestrians no access)
does not amount to a harm
to Section 4(f) properties that requires
mitigation....
The new bridge will provide
greater access for cyclists than
they previously had. And it will
do so while taking less Section 4(f)
property overall than would have
been required under the initial
bridge design with a separated
bike/ped path.
Having found no violation of
PARK S ANDRECRE AT ION . OR G | FEBR U AR Y 2 0 2 3
| Parks & Recreation
29

February 2023 - Parks & Recreation

Table of Contents for the Digital Edition of February 2023 - Parks & Recreation

February 2023 - Parks & Recreation - Intro
February 2023 - Parks & Recreation - Cover1
February 2023 - Parks & Recreation - Cover2
February 2023 - Parks & Recreation - 1
February 2023 - Parks & Recreation - 2
February 2023 - Parks & Recreation - 3
February 2023 - Parks & Recreation - 4
February 2023 - Parks & Recreation - 5
February 2023 - Parks & Recreation - 6
February 2023 - Parks & Recreation - 7
February 2023 - Parks & Recreation - 8
February 2023 - Parks & Recreation - 9
February 2023 - Parks & Recreation - 10
February 2023 - Parks & Recreation - 11
February 2023 - Parks & Recreation - 12
February 2023 - Parks & Recreation - 13
February 2023 - Parks & Recreation - 14
February 2023 - Parks & Recreation - 15
February 2023 - Parks & Recreation - 16
February 2023 - Parks & Recreation - 17
February 2023 - Parks & Recreation - 18
February 2023 - Parks & Recreation - 19
February 2023 - Parks & Recreation - 20
February 2023 - Parks & Recreation - 21
February 2023 - Parks & Recreation - 22
February 2023 - Parks & Recreation - 23
February 2023 - Parks & Recreation - 24
February 2023 - Parks & Recreation - 25
February 2023 - Parks & Recreation - 26
February 2023 - Parks & Recreation - 27
February 2023 - Parks & Recreation - 28
February 2023 - Parks & Recreation - 29
February 2023 - Parks & Recreation - 30
February 2023 - Parks & Recreation - 31
February 2023 - Parks & Recreation - 32
February 2023 - Parks & Recreation - 33
February 2023 - Parks & Recreation - 34
February 2023 - Parks & Recreation - 35
February 2023 - Parks & Recreation - 36
February 2023 - Parks & Recreation - 37
February 2023 - Parks & Recreation - 38
February 2023 - Parks & Recreation - 39
February 2023 - Parks & Recreation - 40
February 2023 - Parks & Recreation - 41
February 2023 - Parks & Recreation - 42
February 2023 - Parks & Recreation - 43
February 2023 - Parks & Recreation - 44
February 2023 - Parks & Recreation - 45
February 2023 - Parks & Recreation - 46
February 2023 - Parks & Recreation - 47
February 2023 - Parks & Recreation - 48
February 2023 - Parks & Recreation - 49
February 2023 - Parks & Recreation - 50
February 2023 - Parks & Recreation - 51
February 2023 - Parks & Recreation - 52
February 2023 - Parks & Recreation - 53
February 2023 - Parks & Recreation - 54
February 2023 - Parks & Recreation - 55
February 2023 - Parks & Recreation - 56
February 2023 - Parks & Recreation - Cover3
February 2023 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
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