GWMP, North Parkway Rehabilitation Project
Order # 23-005
Pursuant to 36 CFR Section 1.5, the National Park Service is imposing a temporary closure of the parking area at the Potomac Heritage National Trail entrance along Crest Lane in order to stage equipment and materials necessary to perform outfall repairs, including tree clearing and channel repairs. This work is a part of the northern section of the George Washington Memorial Parkway rehabilitation project. The duration of the closure shall be for a period of approximately 6 weeks, starting immediately through October 2023.
The temporary closure will be required to safely secure equipment and materials while work is underway to complete outfall repairs. Unauthorized use is prohibited in this area while it is closed. Unauthorized use includes any use or occupancy of the closed area by members of the public, and any use unrelated to outfall repairs or the George Washington Memorial Parkway rehabilitation project.
Less restrictive measures than this temporary closure would not suffice to affect the necessary purpose it serves. The staging of equipment and materials is necessary to conduct timely and effective outfall repairs. The staging of equipment and materials may require up to the entirety of the parking area. The area to be closed is the closest area to the work being performed where the equipment and materials can effectively be staged, minimizing disruption and impact on resources. Accordingly, the National Park Service determines publication as rulemaking in the Federal Register is unwarranted under 36 C.F.R. § 1.5(c). This closure is consistent with hundreds of earlier partial and temporary park closures or public use limitations, the legal opinion of the Office of the Solicitor, and judicial adjudications. Mahoney v. Norton, No. 02-1715 (D.D.C. August 29, 2002), plaintiff’s emergency motion for injunction pending appeal denied Mahoney v. Norton, No. 02-5275 (D.C. Cir. September 9, 2002) (per curiam); Picciotto v. United States, No. 99-2113 (D.D.C. August 6, 1999); Picciotto v. United States, No. 94-1935 (D.D.C. September 9, 1994); Picciotto v. Lujan, No. 90-1261 (D.D.C. May 30, 1990); Picciotto v. Hodel, No. 87-3290 (D.D.C. January 26, 1988); Spiegel v. Babbitt, 855 F.Supp. 402 (D.D.C. 1994), aff'd in part w/o op. 56 F.3d 1531 (D.C. Cir. 1995), reported in full, 1995 US App. Lexis 15200 (D.C. Cir. May 31, 1995).
This order is effective on September 25, 2023, and will remain in effect until further notice. Pursuant to 36 CFR Section 1.7, notice of this temporary closure will be made through media advisories, fencing, and posting of signs at conspicuous locations in the affected area. Finally, pursuant to 36 CFR Section 1.5, this determination is available to the public upon request.
Approval: Charles Cuvelier, Superintendent
Date: September 25, 2023
