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1. Why is this study an Environmental Impact Statement (EIS)?
Since the Federal Highway Administration (FHWA) has an oversight responsibility for all highway related projects in the District of Columbia, and because this project will rely on federal funding, Federal law requires that the District of Columbia comply with FHWA’s regulations, policies and procedures for implementing the National Environmental Policy Act (NEPA) and the regulations of the Council of Environmental Quality (CEQ). Therefore, alternative courses of action must be evaluated and decisions must be made in the best overall public interest based upon a balanced consideration of the need for safe and efficient transportation; of the social, economic, and environmental impacts of the proposed transportation improvement; and of national, State, and local environmental protection goals. There are three classes of actions that prescribe the level of documentation required in the FHWA NEPA process:
• Class I (EISs). Actions that significantly affect the environment require an Environmental Impact Statement (EIS).
• Class II (CEs). Actions that do not individually or cumulatively have a significant environmental effect are known as a Categorical Exclusions (CEs) and are excluded from the requirement to prepare an Environmental Assessment (EA) or EIS.
• Class III (EAs). Actions in which the significance of the environmental impacts is not clearly established. All actions that are not Class I or II are Class III. All actions in this class require the preparation of an Environmental Assessment (EA) to determine the appropriate environmental document required.
With reference to the above, the Klingle Road project will potentially lead to environmental impacts on National Park Service land. In addition, there are significant storm water management issues associated with this project; therefore, this action requires an Environmental Impact Statement (EIS).
2. Why does the EIS process take so long?
An EIS is a comprehensive process that involves federal and local municipal partnerships as well as an extensive public participation process and often takes several years to complete.
3. Why is this road being studied again after the Feasibility Study and the DC Council has mandated that it be reopened?
DDOT is performing an EIS because the Klingle Road implementation strategy poses unique environmental concerns that the Department and its federal partner, FHWA must address before a new roadway is reconstructed. In addition, the reconstruction of Klingle Road would be a federally funded project which necessitates an adequate review of potential impacts. These concerns include: storm water runoff into Klingle Creek and creating a viable drainage system along the corridor. The Fiscal Year 2004 Budget Support Act of 2003 states:
The portion of Klingle Road, N.W., between Porter
Street, N.W., on the east to Cortland Place, N.W., on the west shall be
re-opened to the public for motor vehicle traffic, with the repair and
reconstruction of Klingle Road, which shall include the establishment
of a District Department of Transportation storm water management plan,
to commence no later than 180 days following November 13, 2003.
D.C. Law 15-39; D.C. Official Code § 9-115.11
Before DDOT can rebuild Klingle Road a new Storm Water Management Plan must be determined. Furthermore, if DDOT attempted to rebuild Klingle Road without an effective Storm Water Management Plan the roadway would likely flood again, thereby further depriving District residents of an east-west travel route as well as wasting public resources.
DDOT and FHWA anticipate completing the Draft EIS in Fall 2004 and holding a Public Hearing in January 2005. According to the Klingle Road implementation strategy, the Department will restore Klingle Road as a federal aid thoroughfare no later than spring 2006.
Furthermore, an EIS is required by the federal government for “actions that significantly affect the environment” 23 CFR 771.115(a). Klingle Road was closed to traffic between Porter St, NW and Cortland Place, NW in 1991 due to deterioration of the roadway from drainage failure. Since that time, Klingle Road has fallen into serious disrepair and is unusable to vehicular traffic. Sections of the roadbed and retaining walls have fallen into the stream. All of these serious environmental factors led FHWA, DDOT, and National Park Service to conclude that a full EIS must be performed before new construction of any new federal aid thoroughfare.
Through a comprehensive EIS process, DDOT will identify potential environmental impacts and describe procedures to mitigate these impacts. DDOT is expediting the reconstruction of Klingle Road by performing an EIS at the outset of our strategy because DDOT recognizes the potential for environmental consequences related to replacing or reconstructing this thoroughfare. Where applicable, DDOT will use data collected for the Klingle Road Feasibility Study in August 2001; however additional data collection will be required due to the passage of time and/or the availability of new environmental data. New information gathered for the Klingle Road EIS will consist of a traffic impact analysis, an air quality study, a noise study, a Section 4(f) evaluation, and a roadway concept plan. DDOT and FHWA will also produce a boundary survey, with a real property inventory component, performed by a certified surveyor of the District of Columbia. A real property survey is necessary to support alternatives development and an accurate impacts analysis in the Klingle Road EIS.
4. Where is the funding coming from for the study and the subsequent construction?
FHWA is a full partner, or joint-lead agency, on the Klingle Road reconstruction effort providing 80% of the funding for this project. In order to continue receiving federal-aid funding for the Klingle Road implementation strategy, DDOT must fully comply with all FHWA NEPA documentation rules. DDOT will contribute the remaining 20% of the funding required to rebuild Klingle Road and provide an adequate Storm Water Management Plan.
5. Is storm water management being addressed?
Yes, DDOT must specifically address storm water management under the Fiscal Year 2004 Budget Support Act of 2003. DDOT is performing a storm water hydrology study on the closed portion of Klingle Road. The objectives of the study are to determine the volume of runoff generated in the valley and the volume that is imported or released in the valley from the surrounding area. Once this determination is made, stakeholders will be provided with potential options for storm water runoff controls along Klingle Road.
A storm water management component will be included in each Klingle Road EIS alternative discussed in the Draft EIS including the preferred alternative within Final EIS and Record of Decision (ROD).
6. What intersections will be studied in the EIS?
The traffic impact analysis component in the Klingle Road EIS includes three elements: intersection analysis, traffic estimates, and household travel survey. A total of 12 intersections will be studied as part of the Klingle Road EIS:
1. Connecticut Ave. & Porter St.
2. Porter St. & Quebec St.
3. Klingle Rd. & Adams Mill Rd.
4. Porter St. & 34th St.
5. Woodley Rd. & 34th St.
6. Woodley Rd./Klingle Rd. & 32nd St. (unsignalized)
7. Woodley Rd. & Klingle Rd. (unsignalized)
8. Woodley Rd. & Cathedral Ave. (unsignalized)
9. Cleveland Ave. & Garfield St. & 32nd St./Woodley Rd.
10. Porter St./Klingle Rd. Ramp & Beach Dr. (unsignalized)
11. Adams Mill Rd. & Irving St. & Kenyon St.
12. Klingle Rd. & Park Rd.
The DEIS also included a household travel survey. The results of the survey will be used to assist in forecasting future use of Klingle Road and help determine how re-opening this road will impact the above-mentioned critical intersections.
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7. What topics will the EIS include?
Topics in the EIS are those relating to the existing natural, built, social and environmental setting of the area affected. This includes but is not limited to: wildlife, habitat and ecosystems; floodplains and wetlands; traffic impact analysis; air and noise quality; hazardous waste; water quality; socio-economic impacts; cultural and historical resources; aesthetics; and environmental justice.
8. Where and how will the Draft EIS be available for review?
The DEIS was made available fore public review on July 1, 2005. The public hearing was held July 27, 2005, and the public comment period officially ended on September 15, 2005. DDOT distributed the Draft EIS via the project website, public libraries and/or in response to individual requests no later than the time the document is was filed with the Environmental Protection Agency (EPA). The Draft EIS was available for public comment for a period of 75 days during which time a public hearing will be held. a Final EIS is being prepared by DDOT in cooperation with FHWA. If the Final EIS meets the required criteria, FHWA will approve the document. Subsequently, FHWA will complete and sign a Record of Decision (ROD) no sooner than 30 days after publication of the Final EIS notice in the Federal Register.
9. Are other Federal or DC agencies involved in the EIS process?
Yes, FHWA is the lead agency partner and National Park Service has been invited to be a cooperating agency. Other partners invited to participate in the project include: the DC Department of Health (DoH), the District of Columbia Water and Sewer Authority (WASA), Commission on Fine Arts (CFA), US Army Corps of Engineers, PEPCO Washington Gas, the Environmental Protection Agency (EPA), and the National Zoo.
10. Will lead contamination be addressed
in the Klingle Road EIS?
Yes, however, no new soil or water sampling will be conducted regarding
lead contamination or abatement as part of the Klingle Road EIS project.
The EIS will address necessary steps to address remediation of lead contamination
based on previously collected data and studies.
11. What is a Final Environmental Impact Statement (FEIS)?
The final EIS incorporates the draft EIS (essentially in its entirety) with changes made as appropriate throughout the document to reflect the selection of an alternative, modifications to the project, updated information on the affected environment, changes in the assessment of impacts, the selection of mitigation measures, the results of coordination, comments received on the draft EIS and responses to these comments, etc.
12. When will the FEIS be available to the public?
We expect that the FEIS will be available Spring 2006. Comments will be accepted on the FEIS.
13. What is a Record of Decision (ROD)?
The ROD closes the EIS process. The ROD presents the basis for the decision, summarizing any mitigation measures that are be incorporated in the project and document any required section 4(f) approval.
The FHWA Division Office will complete and sign a record of decision (ROD) no sooner than 30 days after publication of the final EIS notice in the Federal Register.
14. What will happen after the ROD is signed?
After the ROD is approved, DDOT can proceed with final design and construction.
