M. Weil

NCPC File No. 7290

NATIONAL INSTITUTES OF HEALTH (MAIN CAMPUS) BASE REALIGNMENT AND CLOSURE ACT, STATE HIGHWAY ADMINISTRATION INTERSECTION IMPROVEMENTS

9000 Rockville Pike Bethesda, Montgomery County, Maryland

Submitted by the Department of Health and Human Services, National Institutes of Health

November 22, 2011

Abstract

The National Institutes of Health has submitted a proposal for multiple campus improvements to accommodate planned modifications to ( / Rockville Pike), West Cedar Lane, Cedar Lane, and Jones Bridge Road. The planned accessibility and safety improvements are federally-funded to help improve access to the recently expanded Walter Reed National Military Medical Center at the Naval Support Activity - Bethesda Campus. The proposal includes temporary construction and perpetual utility easements on NIH property to facilitate construction activities and to enable utility maintenance after completion of the project.

Commission Action Requested by Applicant

Approval of preliminary and final site development plans pursuant to 40 U.S.C. § 8722(b)(1).

Executive Director’s Recommendation

The Commission:

Approves the preliminary and final site development plans for improvements to the National Institutes of Health (Main Campus), to accommodate the BRAC-related planned modifications to Maryland Route 355 (Wisconsin Avenue / Rockville Pike), West Cedar Lane, Cedar Lane, and Jones Bridge Road, in Bethesda, Montgomery County, Maryland as shown on NCPC Map File No. 3101.20(38.00)43423.

Notes that the applicant and the Maryland State Highway Administration have fully coordinated the proposed campus improvements and roadway modifications with state and local agencies and the surrounding community through presentations made at the BRAC Implementation Committee and NIH’s Community Liaison Council. NCPC File No. 7290 Page 2

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PROJECT DESCRIPTION

Site The National Institutes of Health (NIH) main campus is located at 9000 Rockville Pike in Bethesda, Maryland, just north of the Bethesda Central Business District. The campus is bounded on the east by Maryland State Route 355 (MD 355), on the north by West Cedar Lane, on the west by Old Georgetown Road (MD 187), and on the south by residential development, as shown in the following graphic.

Background As a result of the 2005 Base Realignment and Closure (BRAC) recommendations, the Walter Reed Army Medical Center (WRAMC) located in Washington, D.C. was closed and military medical services in the National Capital Area (NCA) were realigned between two primary facilities. The formerly-named National Naval Medical Center (NNMC) in Bethesda, Maryland was expanded and renovated to serve the northern half of the NCA. At the time of the relocation, recently completed on September 15, 2011, the expanded NNMC became a tri-service facility and renamed, the Walter Reed National Military Medical Center, Bethesda (WRNMMC) and is located on the Naval Support Activity - Bethesda Campus (NSAB). The BRAC action resulted in approximately 10,200 assigned Base personnel at the WRNMMC (+2,200 Base personnel), and will nearly double the annual number of patients and visitors. NCPC File No. 7290 Page 3

The Commission approved the Master Plan Update 2008 for the NNMC at its February 5, 2009 meeting (to reflect the BRAC expansion) as well as several recent gate improvement projects. The following graphic (from the 2008 master plan update) shows the NSAB Campus’s expansion projects and gate improvements. The improved gates are designed to accommodate the projected increase in future local area BRAC-related traffic, for which the project improvements included in this proposal, are designed to accommodate.

The MD SHA is planning various infrastructure improvements in a project area shown in the following graphic (highlighted in orange) to help improve local area accessibility and traffic safety. The area extends from north of the MD 355/West Cedar Lane/Cedar Lane intersection, along MD 355, south to the MD 355/Jones Bridge Road intersection, and east-west along West Cedar Lane and Cedar Lane.

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Proposal The planned infrastructure improvements will result in a number of physical changes to the NIH campus (their locations shown in the following graphic), which are described in detail in the following sections. The project will occur in two phases during the next three years.

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1. Relocated West Cedar Lane Southern Curbline

The planned widening of West Cedar Lane (eastbound approach) includes the relocation of the existing south curb-line by up to 25 feet to the south. Approximately 17 feet of the expansion will occur on existing NIH property. The curb relocation will expand the West Cedar Lane eastbound approach from three lanes to five lanes (two left-turn only lanes; two “through” movement lanes; and one right-turn only lane), as shown in the following graphic.

In advance of the roadway widening, Montgomery County is constructing a new 10-foot wide, shared-use, concrete path to accommodate pedestrians and bicyclists on an easement on NIH property. The pathway was approved byway of delegated A\action of the Executive Director in April 2011. The roadway expansion will require the subsequent relocation of underground utilities and removal of approximately 30 trees in the vicinity of the intersection, as shown in the following graphic. The trees to be removed are reported to be approximately 15-20 years in age.

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The existing photograph, below left, and renderings (looking southbound along MD 355, at the MD 355/West Cedar Lane/Cedar Lane intersection) illustrate the visual impact of the proposed tree removal in the area, located within an existing 250-foot landscape buffer. The NIH campus is seen on the right side of each image.

The existing photograph, below left, and renderings (looking southeast, across the northeastern corner of the NIH campus) illustrate the visual impact of the proposed tree removal from another perspective approximately 100 feet to the west of the previous vantage point, along the north side of West Cedar Lane.

2. New Shared-Use Path Segment

The following graphic shows the planned new shared-use, 10-foot wide, concrete path, which will be aligned across the northeastern part of the NIH campus. Currently, pedestrians and bicyclists must utilize a narrow concrete sidewalk located directly adjacent to MD 355 and West Cedar Lane, near fast-moving MD 355 traffic. The new path alignment will provide a more direct, safer route for pedestrian/bicycle traffic across the NIH campus, both during the construction phase and after the planned infrastructure improvements are complete. In addition, the existing sidewalk located directly adjacent to the MD 355/West Cedar Lane corner will be expanded to a 10-foot width as part of the project.

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The new shared-use path segment across the NIH campus will utilize a re-located pedestrian bridge (presently located on the NIH campus) to traverse an existing stream, as shown in the following graphic. The existing bridge will be refurbished and relocated as part of project mitigation efforts by the MD SHA.

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3. Enlarged New Stream Culvert

The project will construct a new enlarged storm-water culvert that is designed to accommodate a 100-year storm event, an increase from the existing culvert’s 10-year storm event capacity, to convey water under the expanded MD 355/West Cedar Lane/Cedar Lane intersection. The new facility will be primarily located on property under the jurisdiction of the MD SHA, hidden from a street-level perspective due to its 20-foot lower elevation than the street. A new safety fence/wall will be installed along the top of the culvert to prevent accidental falls, and will be partially obscured once the natural buffer vegetation has had time to mature (shown in the previous renderings).

4. Relocated MD 355 Western Curb

The planned one-lane widening of southbound MD 355 will require the relocation of the existing western curb-line by approximately 10 feet to the west, three feet to the west of the existing NIH property line. The curb relocation will allow the expansion of southbound MD 355 from its current three lane configuration, to four lanes (one right-turn only lane and three “through” traffic lanes), as shown in the following graphic. The relocation will be done in part during the first phase of the project to form a bus-bay, and then completed during the project’s second phase to form a continuous turn lane between the MD 355/West Cedar Lane/Cedar Lane and MD 355/Wilson Lane intersections.

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5. New Shared-Use Path

There is an existing eight-foot wide, asphalt, shared-use path, aligned north-south along the west side of MD 355 (shown in the following graphic). The existing path is straight, between the MD 355/North Drive and MD 355/Commercial Vehicle Inspection Facility (CVIF) driveway intersections, and meanders between the MD 355/CVIF driveway and MD 355/Wilson Lane intersections. The path will be removed and reconstructed as a new, 10-foot wide, concrete shared-use path (intermittent yellow line) to accommodate the MD 355 widening and utility relocation. The new path will be re-aligned along the inside of the North Drive and straightened between the Commercial Vehicle Inspection Facility driveway and Wilson Lane.

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6. Relocated Guard Booth

The existing guard booth along North Drive will be relocated to the east side of North Drive, approximately 40 feet to the south of its present location. The move is necessary to accommodate the planned MD 355 widening, and will improve pedestrian safety in the area with better sight lines for both drivers and pedestrians. The new guard booth will look similar to the existing booth shown in the previous photographs.

7. Relocated Perimeter Security Fence

The existing perimeter security fence line (dotted magenta line) in the vicinity of the North Drive entrance will be re-aligned (dotted yellow line) to accommodate the widened MD 355 and new shared-use path, resulting in a straightened, north-south fence alignment.

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8. New Connector Roadway

A new one-way, southbound-only connector road will be constructed between North Drive and the NIH Commercial Vehicle Inspection Facility driveway to allow vehicles that require inspection to access the CVIF without turning back onto southbound MD 355. The connector road will be 12 feet wide and approximately 120 feet long (dotted yellow lines) as shown in the following graphic.

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The new connector road, in addition to the previously mentioned new shared-use path and perimeter security fence realignment, will require the removal of approximately 20 small trees, shown in the following graphic.

9. Re-graded/Re-landscaped Berm

The existing landscaped berm, located directly adjacent to the east-side of the NIH Commercial Vehicle Inspection Facility (along the west side of MD 355), will be re-graded and re-landscaped to accommodate the MD 355 widening and new shared-use path. The berm will be planted with similar landscaping to what exists there today.

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10. Extended Retaining Wall

The existing gray stone retaining wall (located to the south of the MD 355/Wilson Lane intersection) will be lengthened by approximately 45 feet (to the south), using the same gray stone as the existing wall, shown in the following photographs. The wall extension will stabilize the slope located to the west of the wall. The extension is included in the project as part of the overall project mitigation efforts by the MD SHA.

Project Phases

The MD SHA project will be constructed in two different phases. The first phase (referred to as the “Advanced Utility Breakout Contract”) will include utility relocation (to be managed by PEPCO), perimeter security relocation, some roadway modifications, and various traffic operations improvements to include signal modifications and signage changes. The intent of the first phase is to prepare the area for the more substantive, second-phase infrastructure improvements, and to implement smaller-scale improvements along the MD 355 corridor. Specific resulting changes to the NIH campus (represented in the following graphic by magenta- outlined squares) will include:

1. Construction of a new shared-use path segment along the west side of MD 355; 2. Partial relocation of the western MD 355 curb-line to form a bus “bay”; 3. Relocation of the North Drive guard booth; 4. Relocation of the perimeter security fence line (in the vicinity of North Drive); NCPC File No. 7290 Page 14

5. Construction of the new connector road between North Drive and the Commercial Vehicle Inspection driveway.

The second phase (Main Contract and Roadway Work Phase) will focus construction activity between the MD 355/West Cedar Lane/Cedar Lane and MD 355/Wilson Lane intersections (represented in the previous graphic by orange-outlined squares), with the following resulting changes to the NIH campus:

1. Relocation of the southern West Cedar Lane curbline; 2. Construction of a new shared-use path segment across the northeast part of the campus and relocation of a refurbished bridge; 3. Construction of an enlarged stream culvert adjacent to the MD 355/West Cedar Lane/Cedar Lane intersection and NIH campus; 4. Completion of the new shared-use path along the west side of MD 355; 5. Completion of relocation of the western MD 355 curb-line to form a continuous right- turn-only lane between MD 355/West Cedar Lane/Cedar Lane and MD 355/Wilson Lane intersections; 6. Re-grading/Re-landscaping of existing berm adjacent to the commercial vehicle inspection facility; 7. Extension of existing retaining wall. NCPC File No. 7290 Page 15

Proposed Temporary Construction Easement and Perpetual Utility Easement

As part of the project, NIH proposes to grant MD SHA a temporary construction easement along the west side of MD 355 and the south side of West Cedar Lane, as shown in the following graphic (highlighted in red). The total easement area will encompass approximately 3.4 acres along the northern and eastern campus perimeter, varying in width between 20 and 100 feet to the inside the NIH property line. Construction activities are scheduled to last approximately three years, between late 2011 and 2014. The first phase is scheduled to last one year and the second phase is scheduled to last two years.

After project completion, NIH proposes to grant the MD SHA a 7 to 10-foot wide perpetual easement along the northern (south side of West Cedar Lane) and eastern (west side of MD 355) campus perimeter for utility maintenance purposes, shown in the previous graphic (highlighted in yellow). The total perpetual easement area will encompass approximately 1.5 acres.

The proposed easements will not impact the existing 250-foot development buffer (located around the perimeter of the NIH campus) since the existing property line will not change, and the buffer is measured from the NIH property line. The planned MD SHA improvements will not result in any physical impacts to the NSAB Center campus. NCPC File No. 7290 Page 16

PROJECT ANALYSIS

The proposed physical changes to the NIH campus are necessary to accommodate the planned MD SHA accessibility and safety improvements related to the recent Walter Reed National Military Medical Center BRAC expansion. The NIH has worked with the MD SHA to minimize the physical and environmental impacts to NIH land through extensive mitigation. The proposed removal of approximately 30 relatively mature trees (located in the northeast corner of the campus) will be the most significant impact (visual) to the campus. However, this impact will be mitigated by replanting 224 trees, 142 shrubs, and 1,903 ornamental grasses in the vicinity of the project area based upon a one-to-one inch caliper replacement ratio. The other proposed campus modifications will help facilitate NIH-related traffic into campus; improve the existing shared- use path along MD 355 and West Cedar Lane; and result in several other beneficial physical improvements to the campus. Therefore, staff recommends that the Commission approve the preliminary and final site development plans for improvements to the National Institutes of Health (Main Campus), to accommodate planned Maryland State Highway Administration accessibility and safety improvements, in Bethesda, Montgomery County, Maryland. The proposal is analyzed in greater detail in the following sections.

CONFORMANCE

2003 National Institutes of Health Master Plan Update

The project is generally consistent with the 2003 master plan since the proposed physical modifications will not significantly change the character of the NIH campus, nor will the planned MD SHA improvements require a legal change to the location of the established 250-foot development buffer. Rather, the MD SHA has requested temporary construction and perpetual utility easements on NIH land instead of a land transfer.

As previously mentioned, the most significant change to the NIH campus will be the removal of a number of relatively mature trees in the campus buffer, near the MD 355/West Cedar Lane/Cedar Lane intersection. However, the MD SHA has worked with the NIH to develop a landscaping plan (Appendix A) that shows the proposed locations of all 224 trees, 142 shrubs, and 1,903 ornamental grasses to be planted in the vicinity of the project area. Additionally, the planned MD SHA improvements will result in a number of positive physical changes to the NIH campus including:

• A new shared-use path along the south side of West Cedar Lane (north side of the NIH campus); • A new widened shared-use path along the west side of MD 355 (east side of the NIH campus); • A new shared-use path segment that crosses the northeastern corner of the NIH campus, along with the restoration/relocation of an existing deteriorated pedestrian bridge, for use by pedestrian and bicycle traffic; • Right-turn only lane for use by NIH-related traffic; • Improved stone retaining wall adjacent to Wilson Lane; NCPC File No. 7290 Page 17

• Realignment (“pull back”) of existing perimeter security fence from MD 355; • New connector road between North Drive and the Commercial Vehicle Inspection Facility driveway to allow commercial traffic access without turning back onto MD 355

NCPC staff notes that the new shared-use path along the south side of West Cedar Lane and along the west side of MD 355 is consistent with the Montgomery County bicycle and NIH master plans, which show a Class I, off-road bike path along the perimeter of the campus.

Comprehensive Plan for the National Capital: Federal Elements

At its January, 5 2006 meeting, the National Capital Planning Commission found that the 2003 NIH Master Plan Update would not be inconsistent with the Comprehensive Plan for the National Capital, and particularly that it conformed to the goals and policies of the Federal Workplace and Transportation Elements of the Plan.

National Environmental Policy Act (NEPA)

In accordance with the Council on Environmental Quality (CEQ) Regulations, 23 CFR 771 and 23 CFR 774, the MD SHA issued a recommendation for a “Categorical Exclusion (CE)/de minimus”1 finding through two different letters (dated August 12, 2010 and September 2, 2010), and requested concurrence by the Federal Highway Administration (FHWA). MD 355 is a state- owned road and the planned improvements are federally-funded. As such, MD SHA and FHWA both have a NEPA review responsibility for the project. The FHWA indicated their concurrence with the MD SHA “CE/de minimis” finding by signing the August determination letter on September 16, 2010 and the September determination letter on December 13, 2010, to conclude the project’s NEPA, Section 4(f) process.2

NIH worked with the MD SHA throughout the project’s development and design phases to mitigate and minimize project impacts to NIH property. As part of NIH’s NEPA review responsibility, the NIH Environmental Quality Branch utilized the Department of Health and Human Services (DHHS) & NIH Categorical Exclusion Criteria Checklist, Category V (“Summary Criteria”), Number (2) criterion to concur with the MD SHA and FHWA Categorical Exclusion determination, as follows: “…previously conducted environmental assessment (EA) or environmental impact statement (EIS) broad enough to satisfy the NEPA requirements for the current proposed action.” Although this CE does not rely on an EA or EIS in this case, NIH has indicated that the MD SHA/FHWA “CE/de minimis” determination; their extensive coordination

1 Once the U.S. Department of Transportation (DOT) determines that a transportation use of Section 4(f) property, after consideration of any impact avoidance, minimization, and mitigation or enhancement measures, results in a de minimis impact on that property, an analysis of avoidance alternatives is not required and the Section 4(f) evaluation process is complete.

2 The Department of Transportation Act (DOT Act) of 1966 included a special provision - Section 4(f) - which stipulated that the Federal Highway Administration (FHWA) and other DOT agencies cannot approve the use of land from publicly owned parks, recreational areas, wildlife and waterfowl refuges, or public and private historical sites unless the following conditions apply: (1) There is no feasible and prudent alternative to the use of land; and (2) The action includes all possible planning to minimize harm to the property resulting from use.

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with MD SHA during the project; and the NIH CE Agreement Memorandum (Appendix B) adequately satisfy the DHHS/NIH checklist CE.

The aforementioned memorandum (dated August 18, 2011) recommends that the proposed project be classified as a Categorical Exclusion, officially indicating concurrence with the MD SHA/FHWA determination on August 19, 2011. The memorandum documents NIH’s use of a CE, concluding with the following statement:

“The National Institutes of Health (NIH) has reviewed all Categorical Exclusion (CE) documents and drawings for the above projects. The NIH has spoken with The State Highway Administration (SHA) and had agreed upon certain mitigation standards following the completion of the projects. The SHA and NIH have agreed to a 1:1 replacement with species that would attain the size of the trees being removed. Based on this agreement with SHA, NIH concurs with the Categorical Exclusions for the above proposed projects.”

The memorandum explains that the MD SHA utilized the standardized NIH environmental review process (outlined in the “NEPA NIH Review Process” resource), and reviewed the proposed action using the Categorical Exclusion checklist provided in Chapter 30 of the Department of Health and Human Services’ (DHHS) General Administrative Manual.

NCPC does not have an independent NEPA responsibility for federal projects outside the District of Columbia.

National Historic Preservation Act (NHPA)

As part of the Section 106 review process, the MD SHA reviewed the NIH and NSAB campuses and individual NIH/NSAB properties for their listing or eligibility for the National Register of Historic Places (NRHP). The MD SHA identified three federal properties that are located within the Area of Potential Effect (APE), and were previously listed or found eligible for listing in the NRHP, including: The National Naval Medical Center Historic District (apart of the NSAB campus); The George Freeland Peter Estate (located on the NIH campus); and The National Library of Medicine (located on the NIH campus). The MD SHA “CE/de minimis” recommendation letter (dated August 12, 2010) includes a “no adverse” impact finding regarding the project impacts to the George Freeland Peter Estate, National Library of Medicine, and the historic boundary of the NNMC Historic District. The FHWA indicated their concurrence with the MD SHA finding by signing the August determination letter on September 16, 2010, to conclude the project’s NEPA review process, including the project’s Section 106 review.

The NIH Historic Preservation Officer issued a memorandum to the record on August 16, 2011, stating that the project will have “no effect” upon any of NIH’s NRHP-eligible properties (Appendix C). The memorandum specifies that the determination is based on consultations and review of relevant documents, plans, reports, and construction documents. Furthermore, the MD SHA drafted a letter to the Maryland Historic Trust (dated April 28, 2010) stating that the MD SHA had made a determination that the project will have “no adverse effect” on historic properties. The MHT concurred with the MD SHA’s determination on June 1, 2010.

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NCPC does not have independent Section 106 responsibility for federal projects outside the District of Columbia.

CONSULTATION

The MD SHA originally met with NCPC staff to discuss the preliminary intersection improvements on March 12, 2010. During the project development process, the NIH and MD SHA presented various aspects of the project to the BRAC Implementation Committee (BIC) on September 16, 2008; March 17, 2009; July 14, 2009; November 17, 2009; September 21, 2010; December 21, 2010; and July 26, 2011. The project submission also indicates that the project has been presented to the local neighborhood community through the Community Liaison Council (CLC) on May 21, 2009 and January 21, 2010. Between these two groups, there is representation from NIH’s residential and institutional neighbors, in addition to local, state, and federal agencies and elected officials. The project submission also indicates that the MD SHA has been available to meet with other local neighborhood/community groups throughout the project design and development, and will continue to be available during construction and implementation.

In particular, the visual impacts from the proposed tree removal (perimeter development buffer) were presented to the BIC on November 15, 2011 and to the CLC on November 17, 2011, with no significant community opposition or controversy.

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APPENDIX A

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APPENDIX B

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APPENDIX C

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