Sewer Line Upgrade: HOC's original 2017 Sewer and Storm Line improvement plans were approved by WSSC Water for Elizabeth Square and included the replacement of the 10-inch sewer line with 12-inch line. The sewer line to be replaced was on the west portion of the Washington Metropolitan Area Transit Authority ("WMATA") and CSX tracks and did not go under the tracks. The current proposed Purple Line Development sewer line replacement conflicted with the approved HOC sewer plan from 2017.The Purple Line was required to design an alternate route under the tracks. The Purple Line Plan ("PLP") was approved by WSSC Water for this alternative route and is a 10-inch line replacement. WSSC Water will no longer accept the HOC 2017 plans and is now requiring HOC to install at minimum a 15-inch sewer line along the alternate route to meet the capacity of the Elizabeth Square and the proposed HOC Headquarters building at Fenwick Lane and Second Avenue. They have instructed HOC to work with the PLP to ensure the revised plans are in effect before The Leggett, formerly known as Elizabeth House III, and the Silver Spring Recreation and Aquatic Center (SSRAC) project building obtain final occupancy permit. Temporary Storm Line Installation: The current approved contract documents indicate that the new Capital Crescent Trail (located in between Elizabeth House and CSX/Washington Metropolitan Area Transit Authority (WMATA) tracks), including the associated retaining wall, trail and storm systems will be completed by the Maryland Transportation Authority (MTA)/Purple Line. The HOC project will eventually connect into these Capital Crescent Trail storm systems in order to achieve final inspections. However, MTA/Purple Line is not scheduled to install these Capital Crescent Trail storm systems until after the HOC project completion date. As a result, HOC must install a temporary 15-inch storm line to accommodate the Elizabeth House III and Silver Spring Recreation and Aquatic Center (SSRAC) project until MTA/Purple Line is completed.

The original target was to finalize the sewer upgrades by March 2023, ensuring alignment with The Leggett's final occupancy certification. Delays encountered by WMATA caused a shift in this timeline, affecting both The Leggett and the SSRAC's final occupancy permits. On May 8, 2023, HOC was informed by WSSC Water about the successful installation and testing of the necessary sewer line upgrades for The Leggett.

On April 5, 2023, MTA presented an offer of $995,000, a reduction from the earlier $1.157M, as a settlement for the HOC's incremental expenses concerning the sewer line enhancements. This agreement came across as reasonable, especially considering unforeseen field issues, challenges with contractors, alterations by WSSC Water, and the prevailing market conditions. The final pricing will result in a savings of $230,000 in current revenue released from the County obligation.

The need to upgrade from the 10-inch sewer line to a minimum 15-inch line was necessitated by insufficient flow capacity to accommodate Elizabeth Square, the SCRRAC, and the HOC office building. Originally, the MTA was responsible for the storm work as part of the Purple Line project. However, due to delays from the MTA, HOC faced challenges in meeting its projected occupancy timeline for both The Leggett (previously Elizabeth House III) and SCRRAC. Therefore, it became imperative for HOC to expedite the sewer and storm line upgrades to ensure the timely receipt of final certificates of occupancy for both developments.

Department of Finance, Department of Housing and Community Affairs, Department of Permitting Services, Department of General Services, and Maryland Transportation Authority.