HOT lanes foes cite dangers to migratory birds

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WASHINGTON (Map, News) - Local environmentalists are trying to halt construction of the Beltway high-occupancy toll lanes because they will harm flocks of migratory birds that are nesting near the site.

The Virginia chapter of the Sierra Club, a naturalist at the Audubon Society and local residents sent a letter Tuesday to Virginia Secretary of Transportation Pierce Homer, asking him to delay construction because flocks of barn swallows and blue-gray gnat-catchers are nesting in nearby trees.

If construction crews disturb the birds’ foraging sites, the environmentalists say, the adult birds might abandon the nests and their fledglings will starve to death.

“The only way we can prove that they’ve violated the rules is by picking up birds and freezing them,” although the Fairfax site is being bulldozed and cleared of most refuse, said Amy Gould, an Annandale resident who was at the site Wednesday.

“They cover their tracks well,” she said. “We’re sort of at a losing battle, but that doesn’t mean we’re going to give up.”

Diana Weaver, a spokeswoman for the U.S. Fish and Wildlife Service, said the Virginia Department of Transportation appears to be acting within the law. “It’s our understanding that the construction is at least 500 feet away from the nests, and we think that’s plenty of space,” she said.

The environmentalists’ letter cited a survey by Elaine Franklin of the Audubon Society, agreed to by Audubon, the HOT lanes’ contractor and VDOT, that listed the protected bird species that would be affected by the construction.

The letter said VDOT was likely in violation of the Migratory Bird Treaty Act, an international treaty that forbids killing or harassing protected species, such as the barn swallow and the blue-gray gnat-catcher.

After talks with VDOT and the Fish and Wildlife Service, Franklin agreed that the construction is legal, because the tree clearing will occur only in the birds’ foraging space, not the actual trees where they nest.

“We’ll probably be lobbying for a change in the treaty” to protect foraging sites, Franklin said.

In the meantime, Sierra Club lawyers are continuing to examine the case to figure out whether VDOT is within the law.

Clearing will continue around the Beltway, and HOT lane construction is scheduled to begin next week.

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46 days ago: Crews begin work on Beltway HOT lanes

» 52 days ago: HOT lanes foes cite dangers to migratory birds «

131 days ago: HOT lane tree clearing surprises, angers officials

142 days ago: Virginia’s HOT lanes to affect surrounding parks, neighborhoods more than expected, officials say

146 days ago: Aging bridges, ramps to be replaced as HOT lanes added

226 days ago: State emphasizing carpooling in HOT lanes

228 days ago: Bill halting HOT lanes faces slim odds

261 days ago: State, contractors sign deal to build new toll lanes